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IP #1026It PROJECT NO. 1026 Jaycee Park (Improvement Project No. 1026) - $180,000 Motion 1/14/19 Motion to authorize preparation of plans and specifications for playground improvements at Jaycee Park (Improvement Project No. 1026) Res. 2019-31 3/11/19 Resolution approving plans and specifications and authorizing advertisement for bids for playground improvement site work at Jaycee Park (Improvement Project No. 1026) Res. 2019-53 4/22/19 Resolution awarding low bid of $66,745 to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026) Res. 2019-54 4/22/19 Resolution awarding contract with Flagship Recreation and Landscape Structures for $89,197.58 for playground equipment, engineered wood fiber, a picnic table with shade structure and installation at Jaycee Park (Improvement Project No. 1026) Res. 2019-84 7/22/19 Resolution approving final payment request to Flagship Recreation for Jaycee Park playground project in the amount of $24,058.50 (Improvement Project No. 1026) Res. 2022-89 08/08/22 Resolution approving final pay request to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026) Request for Action August 8, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Section Consent Item Number 6.4 Agenda Title Resolution approving final pay request to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026) Requested Action Staff recommends that the City Council approve a resolution to accept the site work portion of the improvements to the playground at Jaycee Park (improvement project no.1026) and authorize final payment to Sunram Construction, Inc. in the amount of $2,875.72. This final payment brings the total cost for the projects to $57,514.32, which is $9,230.68 under the contract amount $66,745. The difference is due to various bid items that required fewer quantities. The necessary paperwork has been provided by the contractor. Background The playground equipment at Jaycee Park had last been replaced in 1994. Staff and the city engineer along with a representative from Flagship Recreation, worked with residents to develop a plan that would work well in the designated area of the park. The site work portion of the project included replacement of the playground container, entrance ramp, sidewalk, and installation of concrete pads for a bench and picnic table. The playground equipment and installation was completed as a separate contract with Landscape Structures. The majority of the project was completed during the summer of 2019. Staff and the city engineering have been working with the contractor over the past several years to complete the turf restoration. Funding This project was included in the 2019 CIP and the 2019 Park Infrastructure budget as shared with the Council during 2019 budget discussions. Funding is available in the Park Infrastructure Fund. Attachments • Resolution Letter from Dan Boyum, City Engineer Sunram Construction, Inc. invoice in the amount of $2,875.72 I: \ RFA \ P&R \ PARKS \ 2022 \ N1026 Jaycee closeout - Sunram \ Q&R -Project Closeout Sunram.docx City of New Hope Resolution No. 2022-89 Resolution approving final pay request to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026) WHEREAS, the city entered into a contract with Sunram Construction, Inc. to complete the site work for the playground equipment project for Jaycee Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the playground site work at Jaycee Park (Improvement Project No. 1026) and approve final payment to Sunram Construction, Inc., in the amount of $2,875.72; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Sunram Construction, Inc.; and, WHEREAS, the funding source for the projects are the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the playground site work at Jaycee Park, Improvement Project No. 1026 from Sunram Construction, Inc. 2. That the city manager is hereby directed to authorize the final payment of $2,875.72 to Sunram Construction, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 81h day of August, 2022. C Mayor Attest: City Clerk Stantec Consulting Services Inc. ® Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 July 28, 2022 File: 193804595 Attention: Susan Rader, Director of Parks and Recreation City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Susan, Reference: Payment Request 2/Final — 2019 Jaycee Park and Playground Improvements (City Project No. 1026) Enclosed find the final pay request and the IC-134 forms for the above referenced project. The contractor, Sunram Construction, Inc., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $2,875.72 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $66,745.00. The Final Construction Amount is $57,514.32, which is $9,230.68 less than the Original Contract. There were various bid items that required fewer quantities than estimated, and those items contributed to the costs coming in less than anticipated. Some of the larger savings came from blow mulch and draintile quantities. Sunram Construction, Inc. has completed the punch list items on the project. If you have any questions or require further information, please call me at (612) 712-2021, Regards, Stantec Consulting Services Inc. �w.s4. �• Dan D. P P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments: Pay Request No. 2/Final, IC-134 Form c. Tim Hoyt, Valerie Leone, Bernie Weber, Shawn Markham, Andrew Kromer— New Hope; Stacy Woods —City Attorney; Ann Ackerson — Stantec. Design wrrh cemrrunity in mind Paee 1 of 4 Cllent Project Nwnber, 1026 Payment Number! 2/FINAL Contract Number: 193804595 Pay Request Number: 2/FINAL Stantec Project Number Project Description 1026 _ _ 2019 Jaycee Park & Playground Improvements Contractor: Sunrarn Construction, Inc: 20010 20010 75th Avenue N Up To Date: 0712812022 Corwrers! MN 55340 Contract Amount Funds Encumbered Original Contract v $66,745.00 1 Original Contract Changes $0.00 Additional Revised Contract $66,745.00 Total Work Certified To Date Base Bid Items $57,514.32 Contract Changes $0,00 Material On Hand $0.00 Total $57,514.32 Work Certified Work Certified To Less Amount This Re uTq est -_ Date Retained 30.00 $67,614.32 $0,00 Percent: Retained: 0% $66,745.00 NIA $66,745.00 Less Previous Amount Paid This Total Amount Payments Request Paid To Date $54.638.60 $2 875.72- $57 514.32 Percent Complete; 86.17% I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: Sunram Construction, Inc, Approved by: Date: ��Z l r' � - µ.vs v+'� II The Work on this project and application has been reviewed and the amount shown is recommended for payment, Stantec Engineer: Approved by; Date: 7 17 (Approved for Payment by Owner: City of New Hope, MN Approved by: Date: 4 Stantec Page 2 of 4 Client Project Number: 1026 Payment Number: 2/FINAL Payment Summary No. Up To Date Work Certified Amount Retained Amount Paid Per Request Per Request , Per Request 1 2019-06-30 57514.32 2,875.72 54,638.60 2/FINAL 2020-06-03 0 2,875.72 Funding Funding Work Certified Less Amount Less Previous Amount Paid Total Amount Category Name Category to Date Retained Payments this Request Paid to Date Number Park Fund 1 57.514.32 0.00 54.638.60 2.875.72 57,514.32 Accounting Funding Source Amount Paid this Revised Contract Funds Paid Contractor to Number Request Amount Encumbered to Date Date 001 City Funds 2.875.72 N/A 1 66745.00 57,514.32 Contract Item Status quantity Amount Line Item Description Units Unit Price Contract quantity Amount p This This Quantity Request Request To Date To Date 1 2021.501100010 MOBILIZATION LS 8,250.00 1 0 0.00 1 8,250.00 2 2104.602/00010 REMOVE TREE EA 200.00 1 0 0.00 1 200.00 3 2104.502/01760 REMOVE BENCH EA 200.00 1 0 0.00 1 200.00 4 2104.601/01225 REMOVE LARGE PARK LS 1.00 435 0 0.00 435 435.00 SIGN 5 2104.601/00540 SALVAGE SIGN LS 300.00 1 0 0.00 0 0.00 6 2104.501/00015 REMOVE DRAIN TILE LF 6.00 120 0 0.00 0 0.00 REMOVE EX. PLAY 7 2104.503/00366 CONTAINER RETAINING LF 9.00 245 0 0.00 245 2,205.00 WALL 8 2104.505/00022 REMOVE CONCRETE WALK Sy 10.00 70 0 0.00 70 700.00 AND RAMP REMOVE AND REPLACE 9 2104.501 CONCRETE CURB AND LF 55.00 45 0 0.00 41 2,255.00 GUTTER REMOVE AND REPLACE 10 2104.602/00006 STORM CASTING FRAME EA 1,000.00 1 0 0.00 1 1,000.00 WITH HDPE RINGS 11 2105.601/00030 SITE GRADING LS 4,400.00 1 0 0.00 1 4,400.00 12 2105.604100039 GEOTEXTILE FABRIC - SF 0.50 400 0 0.00 0 0.00 WALK AND PAD 13 2105.522/00050 SELECT GRANULAR TN 25.00 215 0 0.00 245.51 6,137.75 BORROW 14 T?211.5101/00010y AGGREGATE BASE, CLASS TN 43.00 35 0 0.00 23.44 1,007.92 (3 Stantec Page 3 of 4 Client Project Number: 1026 Payment Number: 2/FINAL Contract Item Status Quantity Amount Line Item Description P Units Unit Price Contract This This Quantity Amount Quantity To Date To Date Request Request 15 2531.618 6" CONCRETE PEDESTRIAN SF 15.00 55 0 0.00 32.5 487.50 RAMP 16 2531.618100010 TRUNCATED DOMES SF 55.00 12 0 0.00 12 660.00 17 2521.501,100044 4" CONCRETE SIDEWALK SF 15.00 60 0 0.00 45 675.00 RAMP -PLAYGROUND 18 2531.603/24010 CONCRETE PLAYGROUND LF 23.00 260 0 0.00 255 5,865.00 2521.501/00060 CURB 6" CONCRETE WALK 19 SF SY 15.00 55.00 430 10 0 0 0.00 0.00 414 14.33 6,210.00 788.15 20 2231.604/00011 BITUMINOUS ROADWAY PATCH 4" PVC PERFORATED 21 2502.521/06042 DRAIN TILE SPECIAL, LF 40.00 40 0 0.00 40 1,600.00 WRAPPED IN ROCK 22 2635.00045 CONNECT DRAINTILE TO EA 850.00 2 0 0.00 1 850.00 STRUCTURE COREDRILL 23 2502.521/06040 4" PVC NON -PERFORATED LF 40.00 20 0 0.00 20 800.00 DRAIN TILE 24 2502.541/06041 4" PVC PERFORATED LF 16.00 150 0 0.00 80 1,280.00 DRAIN TILE. WITH SOCK 25 2502.602/00404 4" PVC CLEANOUT EA 450.00 3 0 0.00 2 900.00 TEMPORARY ROCK 26 2573.602/00020 CONSTRUCTION EA 250.00 1 0 0.00 1 250.00 ENTRANCE 27 2573.530/00010 INLET PROTECTION EA 150.00 3 0 0.00 3 450.00 28 2573.502/00040 SILT FENCE, TYPE LF 5.00 325 0 0.00 330 1,650.00 MACHINE SLICED 29 2574.525/00060 LOAM TOPSOIL BORROW CY 18.00 180 0 0.00 131 2,358.00 EROSION CONTROL 30 2574.604 COMPOST BLANKET - SY 7.00 1300 0 0.00 800 5,600.00 BLOWN W/ SEED 31 2123.610/00045 STREET SWEEPER (WITH HR 150.00 6 0 0.00 2 300.00 PICKUP BROOM F_ Base Bid Totals; $0.00 $57,514.32 Project Cate o Totals Project Category Amount This Reguest Amount To Date 1026 Base Bid 0.00 57,514.32 Contract Total 1 $57,514.32 Page 4 of 4 Sta ntec Client Project Number: 1026 Payment Number: 2/FINAL F irefox https://www.mndor,state,mn.us/tp/eServiCeS/ /Retrieve/0/c-/i'I'u..- DEPARTMENT OF REVENUE . oontracte r 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: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 0-619-183-648 8-Jun-2020 3:15:07 PM SUNRAM CONSTRUCTION INC 41-1728948 Sunram Contractor Affidavit 902275072 1870470 CITY OF NEW HOPE 1026 31-May-2019 16-Sep-2019 JAYCEE PARK & PLAYGROUND $57,514.32 Name ID Affidavit Number FPI PAVING CONTRACTORS INC 1934402 2145148928 STAPF CONCRETE CONSTRUCTION 6036685 820715520 WINCO LANDSCAPE INC 1938328 938893312 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) with holding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please hint lhis_ppge for your records using the print or save functionality built into your browser. 1 of 1 6/8/2020, 3:16 PM 1S'(h/19, 11129 AM DEPARTMENT OF REVENUE Thank you. your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-339-116-576 Submitted Date and Time: 5-Dec-2019 11:29:12 AM Legal Name. FPI PAVING CONTRACTORS INC Federal Employer ID: 41-1803326 Laser Who Submitted: fpipaving9 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 2145148928 1934402 CITY OF NEW HOPE C-19-011 11-Jun-2019 11-Jun-2019 JAYCEE PART{ & PLAYGROUND IMPROVEMENTS $1 741.50 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 651-292-9999, (toll -free) 800-55-1-3594, or (email) withholding.tax@state.mn.us_ Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please Print this page, for your records using the print or save functionality built into your browser, littp�.//�dv^, mri7ors:alernn�us;th`�se�'vices_/Itetrleae!O;c-/VF%ih�Cl9xCt;wtlbin;ZoF2fC�[3o�_ 7FILt__=Piin128��AkAMS_-1�21526]45?5G'I1G337 F1 of I RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS N.B- - it is importFuit that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED; 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporation and by partners hi co -partnerships, 2. It is important that .ALL the blanks be completed and the AMOUNT PAID BE SHOWN, 3. If payment is not in full to date, so state, S11OW UNPAID RETAINAGE $69,66 4. A receipt similar to Phis or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. S. NO ERASURES OR ALTERATIONS MUST BE MADE:. 12/5/2019 (l)tttuj The undersigned acknowledges having received payment of $1,724.09 ONE THOUSAND SEVEN IIUNDRED TWENTY FOUR AND 09 100 I3allars (Awaunt Pnidl From SUNRAM CONSTRUCTION INC in FULL a merit of (Name of Payor) all 14.33 S.Y. BFfUMINOUS PATCH Il(ilid of Material or Labor) h the undersi ned delivered or furnished to or perfornied at r 2019 ,JAYCEE, PARK & PLAYGROUND IMPROVEMENTS - CITY OF NEW HOPE (Straet Addresa of Legal Dessiiption) and far value received licreby ► uivcs all rights which may have been acquired by the undersigned, to rile mechanics' lien against said premises for labor, skill or material furnished to said premises prior to the date hereof but paymt<rit has been made by check anti this lien waiver is not valid until said check has cleared all banks. 1-FI f ,n s� r �1 �i 'Itr 1 {i i..G.�li. i Ll 4- j [Campdny hFatncl CJ" " ff [Sigttatttnl (Printed Name and TUN) (Addrossl ■ -... lCilylStaw/Zip Codt) PLEASE SIGN & RETURN TO: SUNRAM CONSTRUCTION INC 20010 75TH AVE NORTH CORCORAN MN 55340 OFFICE (763)420-2140 FAX (763)494-3951 DEPART ME N In OF REVENUE (hank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Bate and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Bequest Submitted Affidavit Summary Affidavit Number: Minnesota ID. - Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 2-115-939-360 3-Dec-2019 2:38:45 PM STAPF CONCRETE CONSTRUCTION INC 16-•1615178 6036685Lisa Contractor Affidavit 820715520 6036685 CITY OF NEW HOPE #1026 06-Jun-2019 12-Jun-•2019 NEW HOPE $13,105.00 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 with holding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please i.21 int this [2 g!L, for your records using the print or save functionality built into your browser. RECEIPT' AND WAIVER OF MECHANICS' LIEN RIGHTS N.S. - It is impor-Imit that_the following -directions bo closely followed as htherWisc the receipt WELL NUI' 13I8 ACCEPTED: L This is a and must -be exocutml aex:ordingly by officers ofcorporation and by parinera in co-pa,rinerships. 2. It is important that ALI, the blanks be completed and the AMOUNT PAID BE SHOWN. 3, If payment is not in full to date, so state, SHOW UNPAID RETAINAGE $1,436.50 4. A receipt similar to this or legal waiver of lien rights, will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE., 12 5 2019 (Date) The undersigned acknowledges having received payment of $13,860.00 THTRTEEN THOUSAND EIGHT HUNDIM) 5IXI-i AND E MO Dollars, (Amount Paid) From. SUNRAM CONSTRUCTION INC in FULi., ptlymcnt of (Name of Payor) all CURB & GUTTER, PEDESTRIAN RAMP, TRUNCATED DOMES, SIDEWALK (IGnd of Material or Labor) pry the undersigned delivered or furnisbed to ar performcd al. 2019 JAYCEE PARK &;PLAYGROUND IMPROVEMENTS - CITY OF NEW HOPE (Street Address of Legal Description) and for value received h(weby waibes all rights which may have been acquired by the undersigned to file mechanics' lien: against said premises for IaUar, skill or material fuixriahed to said premises prior to the. date hereof but payinetit has been made by check and this lien waiver is not valid until said check_ has cleared all banks. Addr .sy) )n- '55:30 7 (ULY/matelzip Code) PLEASE SIGN & RETURN TO: SUNRAM CONSTRUCTION.INC 20010 7STH AVE NORTH CORCORAN MN 55340. OFFICE (763)420-2140 FAX (763)494-3951 This waiver is expressly contingent Upon Stapf Concrete Construction, Inc. in receipt of check that is honored by the bank, any questions to verify check has been honored, call Dave Stapf — 952-767-9122. 7/9/2019 https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/o-/BDsWncVwiC6uAk5OUBtSrA_?FILES Print2&PARAMS_=745802639267... DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-425-983-936 Submitted Date and Time: 9-Jul-2019 8:50:28 AM Legal Name: WINCO LANDSCAPE INC Federal Employer ID: 41-1801528 User Who Submitted: Offmgr99gb Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 938893312 Minnesota ID: 1938328 Project Owner: CITY OF NEW HOPE Project Number: 1026 Project Begin Date: 28-Jun-2019 Project End Date: 28-Jun-2019 Project Location: JAYCEE PARK Project Amount: $6,000.00 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) withhold ing.tax c@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print pagg. for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/._/Retrieve/O/c-/BDsWncVwiC6uAk5OUBtSrA ?FILE=Print2&PARAMS® 7458026392672779928 1/1 1848 50th Street East, Ste 107 Inver Grove Heights, MN 55077 651-455-3993 (RECEIPT AND WAIVER OF ME,E,CHANICS' LMN RIGHTS 7/9/2019 undersigned herby acknowledges receipt of the sum $6,000.00 ISix Thousand Dollars and No/ 100 Froiw Sunram Construction 1) x As partial payment for labor, skills and material furnished 2) As payment for all labor, skill, and material furnished or to be furnished (except the sum of retainage or holdback) 3) As full and final payment for all labor, skill and material furnished or to be furnished the following described real property: (legal description, street address or project name) Jaycee Park a New Hope d for value received hereby waives all rights acquired by the undersigned to file or record :than ic's liens against said property for labor, skill, or material furnished to said real property ily for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked), to undersigned affirms that all material furnished by the undersigned has been paid for, and all bcontractors employed but the undersigned have been paid in full EXCEPT: Company q� oc(. W �.• Signature: "tea Title: President Address: 1848 50th Street East, Ste 107 Inver Grove Heights, MN 55077 AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) �� 04/01/2022 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 pollcy(fes) 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 endorsarnent(s). PRODUCER NAME: Deb %arlTasSel North Risk Partners PHONE (851) 379-7800 FAXRIC Na : (651) 370.7801 2010 Centre Pointe Blvd. I deb,vantl northrisk artners.Com ADDRESS, asseP '�raunan o nrrun.urnv wvtnutie HAIC ► Mendota Heights MN 55120 INSURER A : United Fire Casualty Group 13021 INSURED INSURERS: The Builders Group of MN 38970 Sunram Construction, Inc, INSURER C : ACE American Ins Co 20010 75th Avenue North INSURER D : INSURER E ; Corcoran MN 55340-9459 .� INSURER F COVERAGES CERTIFICATE NUMBER: 22123 Liability REVISION NUMBER- THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. WSR LTR I TYPE OF INSURANCE A D IP r j SOiaR ��Li POLICY NUMBER MM@DIYYYY MMiDOryYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACW OCCURRENCE 1,000,000 CLAIMS -MADE � OCCUR S 100,000 PREM nce S j( Contractural Liability A ME ExP one raw, S 5,000 60533638 04/01/2022 04/01/2023 PERSONAL & ADV INJURY S 1.000,000 0EN'LAG{3REOATE LIMITAPPLIES PER: 19PRO- G£NERALAGOREGATIE 5 2,000,000 POLICY JECT LOC PRODUCTS-OOMPWAGO S 2,000,000 OTIiER: AUTOMOBILE LIABILITY COMBINED S SINGLE LTWIT En AC60QFOI g 1,000,000 ANY AUTO BODILY INJURY (Per person) $ A OWNED AUTOS ONLY SCHEDULED AUTOS 6053363E 04/01/2022 04/01/2023 BODILY INJURY Per accident ( ) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROREIiTY pAMAGE Par nuidnnl $ $ X UMBRELLA LIAB OCCUR EACHOCCURRF.NCE 5,000,000 A EXCESS WAS 11 CLMMS-MARE 60533638 04/01/2022 04/01/2023 AGGREGATE S = 5,000,000 DED I X1 RETENTION S 10,000 WORRIERS RSCOMPENSATION _ v�/ PTA? OR S AND EMPLOYERS'LIABILITY YIN e-% T B ANY PROPRIETORMARTNERrE�tECUTIVE EXCLUDED? OMFICEITry NIA 20-0000465 04/01/2022 04/01/2023 E•LEACHACCIDENT S 2.000.000 in NHI (Mandatary In and If yns, describe undm B.I. DISEASE • EA EMPLOYEE S 2,000,000 DESCRIPTION OF OPERATIONS below E.L 01SEASE - POLICY LIMIT S 2,000,000 Pollution Liability Occurrence 3,000,000 C G20273113001 04/01/2022 04/01/2023 Aggregate 3,000.000 Deductible 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Project #193B04595, City Project #1026, City of New Hope, Minnesota - 2019 Jaycee Park and Playground Improvements. Certificate holder and all others required by written contract are included as an Additional Insured in regard to the General Liability where required by written contract on a primary and non contributory basis including completed operations. Blanket Additional Insured applies to the Auto Liability when required by written contract. Blanket Waiver of Subrogatlon applies to the General Liability, Auto Liability, Work Comp and Umbrella policies when required by written contract. Umbrella is follow form of the General Liability, Auto Liability and Work Comp policies. CERTIFICATE HOLDER r ^Anal I ATrnu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Stantec ACCORDANCE WITH THE POLICY PROVISIONS. 733 Marquette Ave., Suite 1000 AUTHORIZED REPRESENTATIVE Minneapolis MN 55402 i ©1888-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Dr Request for Action July 22, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Section Consent Item Number 6.7 Agenda Title Resolution approving final payment request to Flagship Recreation for Jaycee Park playground project in the amount of $24,058.50 (Improvement Project No. 1026) Requested Action Staff recommends that the City Council approve a resolution to accept the new play equipment for Jaycee Park (improvement project no. 1026) and•authorize final payment to Flagship Recreation for $24,058.50, the original amount of the quote. All necessary paperwork has been received from the contractor including an IC 134, as well as the safety audit called for in the agreement. Staff recommends release of the final check. Once the final site work items are completed by Sunram Construction and the grass has been established, the final project closeout will occur. Background Jaycee Park is located at 3028 Independence Circle. The playground equipment was last replaced in 1994 and was repainted in 2012. After a survey to the neighborhood, a planning committee was formed with representatives of the neighborhood, city engineers and city staff, who met a number of times to study the best type of equipment to recommend and developed plans that would meet the park needs. The final plan was approved by the City Council in April 2019 and the equipment was installed in June. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachments ■ Resolution • Invoice from Flagship Recreation for installation, mats, wood fiber and fabric ($24,058.50) I: \ RFA \ P&R \ PARKS \ 2019 \ N 1026 - Jaycee Playground \ Equipment Final \ Jaycee Park equipment final payment.docx City of New Hope Resolution No. 2019-84 Resolution approving final payment request to Flagship Recreation for Jaycee Park playground project (Improvement Project No. 1026) in the amount of $24,058.50 WHEREAS, this project is included in the 2019 CIP and the 2019 Park Infrastructure budget; and, WHEREAS, the city entered into a contract with Landscape Structures and Flagship Recreation for the purchase and installation of playground equipment for Jaycee Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the playground installation improvement project #1026 and approve final payment to Flagship Recreation in the amount of $24,058.50; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made; and, WHEREAS, the funding source for the Jaycee playground project is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the playground improvement project at Jaycee Park, improvement project #1026 from Flagship Recreation. 2. That the city manager is hereby directed to authorize the final payment of $24,058.50 to Flagship Recreation. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22°a day of July, 2019. G i rr. Mayor Attest: kvit'u- du-r� City Clerk Flagship Recreation 275 East 4th Street STE 810 fla�jp - St. Paul, MN 55101 Phone # 763-350-7860 Bill To CR'Y OF NEW HOPE 5500 UMRNATIONAL PARKWAY NEW HOPE, MN 55428 °1 '° -rlfs Invoice M Date 6/?5/2019 INVOICE Invoice # F9244 P.O. Number Ship To JAYCEE PARK 3032 INDEPENCE CIRCLE N NEW HOPE MN 55427 Quantity Item Description Price Each Total Amount 1 INSTA WSTALI.ATION 13.873.70 13,873,70 1 DISPOSAL DUMPSTER/DISPOSAL 550.00 550.0OT 5 WEARPADS 4x6x2' Black Wear Pad 318.246 1,591.23T 140 WOODFLBER WOOD FIBER, DELIVERED 43.00 6,020.00T 4,341 FABRIC Fabric 0.46613 2,023.57T Thank you for your order! Subtotal $24,058.50 Sales Tax (0.00/6) $0,00 Total $24,058.50 Deposit $0.00 Balance Due $24.058.50 Terms . Net 30 days 1.5% finance charge on remaining balance Valerie Leone From: Susan Rader Sent: Wednesday, July 17, 2019 3:44 PM To: Valerie Leone Subject: Flagship IC-134 Susan Rader City of New Hope, I Director of Parks and Recreation 4401 Xylon Ave N I New Hope, MN 55428 Office: 763-531-5152 7016% �� 6 9 �91 (8, d 76. From: MN Revenue e-Services[mailto:eservices.mdor@state.mn.us] Sent: Thursday, July 11, 2019 3:37 PM To: rm'aunich citfink. Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. W M •: M 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: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: 1-339-998-240 11-Jul-2019 3:36:55 PM ALPINE LANDSCAPE INC 41-1879244 Iandscape23 Contractor Affidavit 954732544 3261802 CITY OF NEW HOPE 1026 17-Jun-2019 21-Jun-2019 3032 INDEPENDENCE CIRCLE 1 Project Amount: $11,015.50 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. 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Thank you. .Yaqui Zamora I Project Coordinator I CPSI Flagship Recreation (763) 550-7860 ext 8 Request for Action April 22, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks & Recreation Agenda Section Development & Planning Item Number 8.3 Agenda Title Resolution awarding low bid of $66,745 to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026) Requested Action Staff requests approval of a resolution awarding a contract for the site work portion of the improvements to the playground at Jaycee Park, located at 3028 Independence Circle (improvement project no. 1026) to the lowest responsible bid, Sunram Construction, Inc., in the amount of $66,745.00 for the base bid. The site work portion of the playground project will include replacement of the playground container, entrance ramp, replacement of the trail from Independence Circle and concrete pads for a bench and picnic table. It was originally anticipated that the work would begin this spring and be completed by mid -summer. Due to the bidding environment, the completion date was extended until September, in hopes that better bids could be realized. Once the contract is approved, staff and the city engineer will work with the contractor on a more detailed timeline. The contractor will have 6-weeks to complete the project once they begin. Staff will handle the removal of the existing equipment and sand, along with the ordering and installation of the bench. The existing equipment will not be removed until shortly before the site work begins. Background The playground equipment at Jaycee Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1994 and was repainted in 2012. In November 2018, a mailing was sent to area residents to gather some initial information on what they would like to see included in the new playground. This process has worked well in the past and staff appreciates the input from the neighbors. A committee made up of residents, representatives from Flagship Recreation, and staff from Stantec and the city met on February 13, 2019 to view plans that were designed based on the resident surveys, park size and budget. After discussion, the plans were modified and then reviewed at the second committee meeting on February 27, 2019. On March 11, 2019, the City Council approved the plans and specifications and authorized the advertisement of bids for the project. The site work portion of the playground project will include replacement of the playground container, entrance ramp, replacement of the trail from Independence Circle and concrete pads for a bench and picnic table. The advertisement for bids also listed two alternates: 1) Hydroseed with mulch which is a less expensive seeding process; and 2) a bench. I: \ RFA \ P&R \ PARKS \ 2019 \ #1026 - Jaycee Playground \ Award Bids for Site Work \ Q&R -Award low bid for Jaycee Park Playground site work.d ocx Request for Action, Page 2 On April 11, 2019, bids were received from six contractors. The bids are listed below and the full bid tabulation is attached. Base Quote Alternate 1 (Hydroseed w/mulch) Alternate 2 (Bench) Engineer's Estimate $73,500.00 -$4,550,00 $2,000.00 Sunram Construction, Inc. $66,745.00 -$1,300.00 $2,500.00 Blackstone Contractors LLC $67,122.50 -$6,500.00 $3,000.00 Pember Companies, Inc. $88,659.00 -$6,435.00 $1,180.00 GL Contracting, Inc. $89,994.60 -$4,940.00 $2,180.00 Standard Contracting $99,093.00 -$8,775.00 $1,725.00 Urban Companies $118,190.00 $6,500.00 $2,000.00 Sunram Construction, Inc. completes general construction site work and has worked with the City on previous projects. They are currently working on the city hall and Civic Center Park landscaping and parking lot project. Recommendation It is the recommendation of staff and the city engineer that the City Council award the low base bid of $66,745.00 for improvement project no. 1026, to Sunram Construction, Inc. No alternates are recommended. Funding This project is included in the 2019 CIP and the 2019 Park Infrastructure budget as shared with the Council during 2019 budget discussions. Funding of $180,000 is available in the Park Infrastructure Fund which is levy funded each year. The cost breakdown of the vro'ect: Site Work Estimated Costs Other Estimated Costs Total Project Estimate Site Work - Base $66,745 Indirect Costs 14,700 Playground Equipment, Sun Shade and Picnic Table $65,139.08 Installation, Playground Mats, Geotextile Fabric, Engineered Wood Fiber 24,058.50 City purchased bench 800 Total $81,445 $89,997.58 $171,442.58 Amount Budgeted $180,000.00 Request for Action, Page 3 Attachments • Resolution • Copy of plans and specifications • Copy of the bid tabulation and Engineer's memorandum • 2019 CIP list City of New Hope Resolution No. 2019- 53 Resolution awarding low bid of $66,745 to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026) WHEREAS, park projects are improvements which add to the value of these community assets; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the base bid from Sunram Construction, Inc. in the amount of $66,745.00 for the site improvements of Jaycee Park is the lowest responsible bid submitted; and, WHEREAS, the city engineer and staff are recommending that Council award the contract to Sunram Construction, Inc. for the base bid with no alternates; and, WHEREAS, the funding source for the project is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota authorize entering into a contract for the improvements at Jaycee Park with Sunram Construction, Inc. for $66,745.00. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of April, 2019. Mayor Attest: City Cleric I:\RFA\P&R\PARKS\2019\k1026 - Jaycee Playground\Award Bids for Site Work\Q&R -Award low bid for Jaycee Park Playground site work.docx 1ALL TE CITY OF NEW HOPE 2019 JAYCEE PARK & PLAYGROUND IMPROVEMENTS CITY PROJECT NO. 1026 STANTEC PROJECT NO. 193804595 2019 SHEET INDEX G0.01 TITLE SHEEP G0.02 LEGEND AND ABBREVIATIONS GD.03 LOCATION PLAN C0,01 SITE DEMOLITION C3.01 GRADING & DRAINAGE PLAN C6.01 PLAYGROUND IMPROVEMENTS CB-01-C8-03 CONSTRUCTION DETAILS 9-SHEEIS TOTAL r _ {; PROJECT LOCATION: JAYCEE PARK KATHIHEMKEN MAYOR ^.� .L THE SUBSURFACE MLIT/INFORMATION ON THIS PLAN IS SHOWN TO UTILITY QUALM LEVEL JOHN ELDER COUNCILMEMBER IN ACCORDANCE WITH LEGEND PROVIDED BELOW. THIS QUALM LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 3802, ENTITLED STANDARD GUIDELINES FOR THE ANDY HOFFE COUNCILMEMBER �Iy I• "' {, {I++ COLLECTION AND DEPICTION OF MSTING SUBSURFACE UTILITY DATA. UTILITY DESIGNATIONS ARE SHOWN ON DRAWING0.02. CEDRICKFRAZIER COUNCILMEMBER MEITY OUALITYLEVELS: LEVEL o-mwRManory ComEs SOLELY FRom oasnrvG UTILITY RECORDS- JONATHAN LONDON COUNCILMEMBER L - LEVELf-SURVEIYNGMOVEGROUNDUTILIT/FACILJ715, SUCH AS MANHOLES, VALVE KIRK McDONALD CITY MANAGER ETC; AND CORRELATING THIS INFORMATION WITH EXISTING UT➢M RECORDS. LEVELB-THE USE OF SURFACE GEOPHYSICALTEOMIQUESTODETERMINETHEEXISTENCE SUSAN RADER PARKS & RECREATION DIRECTOR AND HORIZONTAL POSITION OF UNDERGROUND UTILITIES. N LEVEL A- THE USE OF NONDESTRUCTIVE DIGGING EQUIPMENT AT HORIZONTAL AND BERNIE WEBER PUBLIC WORKS DIRECTOR VERTICAL POSITION OF UNDERGROUND UNLTTIES, AS WELL AS THE TYPE, SIZE, STEVE SONDRALL CITY ATTORNEY VICINITY MAP CDNDInoN,MATERIALANDOTHERCHARACTERISTICS. 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REINFORCED CONC- CURB - EXPOSED SIDE SURFACE TO BE AS NON-ABRASIVE FINISHED GRADE OR ADJACENT 1p•• TYp AS POSSIBLE, TOP SURFACE SHOULD BE LIGHT BROOM FINISH RAYING SPLAYS SMOOTH SCORE IT, 5' O.C.. SLOPE TOP OF CURB TO DRAIN INTO CONTAINER AT 1-2%. r� T RADIUS, EXCEPT FOR WHERE RAMP JOINTS TO CURB ENGINEERED WOOD PLAY SURFACE MATERIAL (2) #4 CONT. RE5K - I 1T LOOSE VOLUME DEPTH (BY OTHERS). 2" MIN. . ! VmmIr FABRIC (BY OTHERS) FORM FINISH CURB BACK CURB MUSE _ _ G EXTEND TO DEPTH OF SAND GL t' v�GPANL6AR BORROW COMPACTED S11*MRADE LANDSCAPE PIN, 24" a HAND FORM CURB FACE o-•5- - 9" PERFORATED SCH.40 PVC DRAINTILE WITH SOCK. A PLAYGROUND C13RS AND DPWIRTRE � MO: TD IKPI! MATCH TOP OF 2 5' PLAY CURB DO NOT FORM 4" THICK CONCRETE. lA DIUS ON CURB (HERE ABUTTING ILWF� FINISHED PIPE PLUG, SECURE METAL TAG TO PIPE PLUG CAPABLE OF BEING DETECTED THROUGH SURFACING WITH METAL DERRdL 4" DM RIGID SCHEDULE 40 NON -PERFORATED PVC yP'E.— FIBER MULCH (BY OTHERS). 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SHALL BE FURNISHED WITH CURB INLET BOX AM 7 DIA FRONT FACE AND A" MWMIM OPENING FEW HOPE RrN (MAX. u-) •GmReasw I STNIC71/HEV%ill'ti TOP SLAB OR 2' X 3' BOX. NEENAH RIE42-0 MANHOLE FRAME — WOVEN FILTER FABRIC OR EQUAL, WM -NEW HOPE" COVHRS), b i ,,-- NEW HOPE RING (MAX. 12") NOlFS: L TIER FABRKBMNI eE NKm UNTIBI RaX 10 SIW MID MxMATDX THfOUGH 0.DR TFR FABRD 6 XOT REQUM81 UXDER NVOPOIBS 2 pp%OFYDODOaPe USED fO0. mTb1RUCT1011 BIIMl1�MKTBE RTWFE 2aOM55IlD5 aCMEs. LID OIpVm-IN NHXUTACNR®YNW NIUN0. CIlB11GLLYTR�ATED N90D 6 N10WHl 3 BIIRAUCf PNe'T BF MAaTAIT� PEGUMLTTD IREVfHFSmafMAT1OM OX WMSC ROADWAYS RIGTTIVE RDCXOR WDDDCWPB WBL BE REMDVED fBOM ADFR®Il0.0ADWAYS • `• OARY ORMDREFREQUEIRLYKNKFSL0.Y. i ItANHOIE STRUCTURE WITH TOP STAB OR CONE SECTION. sta11toC ROCK CONSTRUCTION ENTRANCEJr m zotsx StBnftC CATCH BASIN & MANHii;� CITY OF NEW HOPE, MN ERo-� CITY OF NEW sTR-SB Z ae Lu o O notD 0 W Q�U Z a LL °� V N O O � a U w C8.02 L+A�� FR1Y REGATF MNDOT (3u9 zx) •RAfpAI3o IDL; R[Duer1V-RI' PEOFlGNONS GE (n3P�= p ON A141f49pnW]! PVC PERFORATED PIPE I c� ® StarrteC TRENCH DETAIL - SPECIAL za 99 CITY OF NEW HOPE, MN SFD-I6 NLI" 11'w¢f 05' SHOULDER EACH SIDE VARj6 [tig ll�:lL 4Y 6AtR •"CPMid!foOR fPB: 6" AGGREGATE BASE, CLASS S, 1DD% CRUSXED GEO=ILE FABRIC, TYPE V NO — EXCAVATION AND ADDITIONAL AGGREWTE BASE, CLASS S, AG DIRECTED BY THE ENGINEER IF UNSUiTAELE SOILS DISCOVERED 6" CONCRETE 4DEWALKH-2.® Stan'c CITY OF NEW HOPE, MN TYPE V, NON -WOVEN IRROW IEA290B) CE> Bm-,m,'h47U5 PATIN 71711ON '� LICFPENOGlI.E ago-E N.NNAR DOME BHNLBE NR. PowDEA-coArsD casTlRon- nARCWAL ATDETICIem c RE on AwRovfD ,ED_ VWLS R1IIOR Old REFERTO Mn— STANDAAD PIAN SZ9].]50 GENERAL PEDESTRIAN CURB RAMP DEc za ® S�11fBC DETAILS CIfY OF NEW HOPE, MN SFR-7 Rr T4 REBAR, TIP. AS DIRECTED Bi OkbYII G' CONCRETE MIX NO. 3Y33A 6" CLA55 S AGGREGATE BASE RB'6[TO ME ICANS TAlAIGVI OF CVI1fltEIl AAO ® StanftC PARK BENCHjLZy Z i LLI C) IL Zd< O mow 0-0 3 Lfwo r�- Lu Q O U Z ads LL O o � a U w (3 Stantec Project Name: 2019 Jaycee Park tL Playground Improvements City Project No.: 1026 Stantec Project No.: 193804595 Bid Opening: Thursday, April 11, 2019 at 10 A.M., CDT Bidder No. 1 BID TABULATION Sunram Construction, Inc. Owner: City of New Hope, MN Bidder No. 2 Blackstone Contractors, LLC I hereby certify that this is an exact reproduction of bids received. a w. Christopher W. Long, P.E. License No. 47106 Bidder No. 3 Pember Companies, Inc. Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $8,250.00 $8.25D.00 $3,000.00 $3AOD,00 $4,400.00 $4,400AO 2 REMOVE TREE EA 1 $200.00 $200A0 $400.00 $400M $500.00 $530.00 3 REMOVE BENCH EA 1 $200.00 $200. $200.00 $4ODJD0 $300.00 $300.00 4 REMOVE LARGE PARK SIGN LS 1 $435.00 $43 $400.00 $4DD.00 $500.00 $=DO 5 SALVAGESIGN LS 1 $300.00 $300.00 $400.00 $400.00 $250.00 $250.00 6 REMOVE DRAIN TILE PIPE LF 120 $6.00 $720.00 $5.00 5"DO $5.00 $600.00 7 REMOVE EX. PLAY CONTAINER RETAINING WALL LF 245 $9.00 $z-20s.00 $7.00 $1,71540 $15.00 $3,675.06 8 REMOVE CONCRETE WALK AND RAMP SY 70 $10.00 $700.00 $15.00 $1,050AO $15.00 $1=.Do 9 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 45 $55.00 $2,475.013 $40.00 $1,8WM $46.00 52A70,0D 10 REMOVE AND REPLACE STORM CASTING AND FRAME WITH EA 1 $1,000.00 $IAOOAO $1,200.00 $1,200M $1,000.00 $1 JJOD.OD 11 SITE GRADING LS 1 $4,400.00 $4AW,00 $3,500.00 $3.5DO.M $18,000.00 $18=0.OD 12 GEOTEXTILE FABRIC - WALK AND PAD SF 400 $0.50 $200DO $1.00 POO= $0.50 5200.OD 13 SELECT GRANULAR BORROW TN 215 $25.00 $5XS,00 $28.00 $6,020M $23.00 $4,945M 14 AGGREGATE BASE, CLASS 5 TN 35 $43.00 $1.505.00 $40.00 $1,4OaDD $35.00 $1,225.00 15 6" CONCRETE PEDESTRIAN RAMP SF 55 $15.00 $825.00 $15.00 $925.00 $12.00 $66040 16 TRUNCATED DOMES SF 12 $55.00 S660,00 $65.00 $780.00 $62.00 $744DO 17 4" CONCRETE SIDEWALK RAMP - PLAYGROUND SF 60 $15.00 $900.00 $15.00 $9 M $19.00 $1.140DO 18 CONCRETE PLAYGROUND CURB LF 260 $23.00 $3.980-00 $45.00 $11.70O.OD $60.00 $15,60D 19 6" CONCRETE WALK SF 430 $15.00 $6,450DO $10.00 $4.30D.00 $7.00 $3,010AO 20 BITUMINOUS ROADWAY PATCH SY 10 $55.00 S550AO $100.00 $1.000.00 $110.00 $1,IODJDO 21 4" PVC PERFORATED DRAIN TILE SPECIAL, WRAPPED IN ROCK LF 40 $40.00 $1,600.00 $55.00 $2.27D.00 $28.00 $1,120 22 CONNECT DRAIN TILE TO STRUCTURE (CORE DRILL) EA 2 $850.00 $1,700,00 $500.00 $1,000A0 $450.00 $900.M 23 4" PVC NON -PERFORATED DRAIN TILE LF 20 $40.00 $800.00 $20.00 $40DAD $23.50 $d7pAD 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 150 $16.00 $2.400A0 $10.00 $1" $16.00 $2,400 25 4" PVC DRAIN TILE CLEANOUT EA 3 $450.00 $1,3WX $320.00 $960.OD $250.00 $750A0 26 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $250.00 $250A0 $1,250.00 $1.250.00 $600.00 UM-00 27 INLET PROTECTION EA 3 $150.00 545D-Do $125.00 $373.00 $120.00 $36= 28 SILT FENCE -MACHINE SLICED LF 325 $5.00 $1.625.00� $3.50 $1,137.50 $3.00 $975,00 29 LOAM TOPSOIL BORROW (LV) CY 180 $18.00 $3.240.00 $35.00 $6,300.00 $50.00 $9.000.00 30 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 1300 $7.00 $9,1ODAO $7.50 $9,750.00 $7.95 $10,335,00 31 STREET SWEEPER (W/PICKUP BROOM) HR 6 $150.00 $900.00 $110.00 $660.00 $130.00 $78D.t7D TOTAL BASE BID: $66,745.00 $67,122.60 $BB,659.00 193804595-Bid Tab BT-1 BID TABULATION Item Num Item Units Oty ALTERNATE 1: HYDROMULCH RESTORATION 32 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY -1300 25-151 SEED 33 HYDROMULCH WITH SEED MIXTURE 25-151 Sy 1300 TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE 34 BACKED BENCH EA TOTAL ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: TOTAL ALTERNATE 2: Contractor Name and Addre% Phone: Email: Signed B) Title: Signed Responsible Contractor Certilicale Bid Security Addenda AcknOwL-dged Bidder No. 1 Bidder No. 2 Bidder No. 3 Sunram Construction, Inc. Blackstone Contractors, LLC Pember Companies, Inc. Unit Price Total Unit Price Total Unit Price Total 49,750A0 -$10,335.00 S6,.5D0A0 $32%00 $3,900.00 41,300.00 46,500.00 -S6,435.00 $2,500.00 $2,° = $3,000.00 $3AD1340 $1,180.00 $1,180.D0 $2,500AC . $3.000.00 $1.180.00 $66,746AD $67,122.50 588,659 " -$1.3 OD •$6,500.00 •%.Qsm 52.500,00 $3,000.00 $1,1 . Sunram Construction, Inc. Blackstone Contractors, LLC Pember Companies, Inc. 20010 75th Avenue North 9520 Cunty Road 19, Suite D N4449 469th St. C Kmwn. MN 55340 Lorelto. MN 55357 Menompnie. WI 54751 (763) 420-2140 (763) 291-7728 (715) 235-0316 rVBR2SUnramconstrudionlf r-wirn brute3Mblackyowcontrarmr3lit.wm Coem6ai�oemherm!no¢nies.00m Bruce Karvonen Ryon M. Sunram Brent Pember YiCe President We President President Yes Yes Yes Bid Bond Bid Bond Bid Bond 1 1 1 193WHS95-Md Tab BT-2 5 Stantec Item Num BID TABULATION Item Units City Bidder No. 4 G.L. Contracting, Inc. Unit Price Total Bidder No. 5 Standard Contracting, Inc. Unit Price Total Bidder No. 6 G. Urban Companies, Inc. Unit Price Total BASE BID; 1 MOBILIZATION LS 1 $886.00 WS6.00 $7,240.00 $7.240400 $7,500.00 $7.SOODO 2 REMOVE TREE EA 1 $545.00 $545,00 $985.00 $986,00 $2,000.00 $2.ODODO 3 REMOVE BENCH EA 1 $327.00 $327.00 $250.00 $250.00 $500.00 $500= 4 REMOVE LARGE PARK SIGN LS 1 $553.70 S553.70 $830.00 UM-00 $1,000.00 $I,DQ0.00', 5 SALVAGESIGN LS 1 $218.00 $218,00 $150.00 $150.00 $500.00 $500.00� 6 REMOVE DRAIN TILE PIPE LF 120 $6.60 S792DO $7.00 $B40,00 $15.00 $1,SWM 7 REMOVE EX. PLAY CONTAINER RETAINING WALL LF 245 $12.20 $2,989DD $14.60 $3,577d10 $10.00 $2.450.00 8 REMOVE CONCRETE WALK AND RAMP SY 70 $8.90 $623.0D $25.25 $1.767M $27.00 $T.890.00 9 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 45 $4750 $2,137.50 $84.00 $3,780.00 $100.00 $4,500.00 TO REMOVE AND REPLACE STORM CASTING AND FRAME WITH EA 1 $1,134.10 $1,134.10 $1,515.00 $1.515.DD $1,000.00 $1AODDD 11 SITE GRADING LS 1 $5,906.30 $5.906.30 $15,400.00 $15AM D $36,000.00 $36=00 12 GEOTEXTILE FABRIC - WALK AND PAD SF 400 $2.40 $960.00 $2.00 $800.00 $1.00 $40D.00 13 SELECT GRANULAR BORROW TN 215 $23.00 $4,945DO $18.60 M999M $25.00 $5.375.00 14 AGGREGATE BASE, CLASS 5 TN 35 $39.80 $1.393= $125.00 $44.375AO $28.00 $980.00 15 6" CONCRETE PEDESTRIAN RAMP SF 55 $15.30 $841 M $16.50 $907.50 $20.00 $1.10ODD 16 TRUNCATED DOMES SF 12 $60.00 $720D0 $49.50 S594DO $100.00 $1,200.00 17 4"CONCRETE SIDEWALK RAMP -PLAYGROUND SF 60 $27.30 $1.6mm $16.50 $990DO $18.00 $1,080.00 18 CONCRETE PLAYGROUND CURB LF 260 $73.80 $19,1$a= $46.20 $12.012DO $28.00 $7.28OD0 19 6"CONCRETE WALK SF 430 $17.00 $7,310M $16.50 $7.095.00 $14.00 $6,020.D0 20 BITUMINOUS ROADWAY PATCH SY 10 $141.00 $1,410.00 $100.00 $1.00D40 $200.00 32=.00 21 4' PVC PERFORATED DRAIN TILE SPECIAL, WRAPPED IN ROCK LF 40 $37.70 $1.50B.00 $72.00 $2.88DAO $30.00 $1,200.DO 22 CONNECT DRAIN TILE TO STRUCTURE (CORE DRILL( EA 2 $1,424.40 $2.848.80 $300.00 $600.00 $1,500.00 $3.0DOM 23 4" PVC NON -PERFORATED DRAIN TILE LF 20 $29.00 M-00 $42.00 $8 $25.00 $500.00 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 150 $29.00 S4350.00 $12.10 $1,815AD $23.00 $3,450D0 25 4' PVC DRAIN TILE CLEANOUT EA 3 $585.50 $T.756.50 $155.00 $d65,00 $400.00 $1.200.00 26 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $1,635.00 $1,635.00 $1,500.00 $1,500.00 $2,200.00 $2.2DD.00 27 INLET PROTECTION EA 3 $381.50 $1,I44,50 $160.00 $480.00 $400.00 $1,200.00 28 SILT FENCE -MACHINE SLICED LF 325 $3.30 $1,072,50 $3.08 $1,001.00 $5.00 $1.625M 29 LOAM TOPSOIL BORROW (LV) CY 180 $50.40 $9.07?.00 $55.00 $9.90040 $33.00 $5,94D.00 30 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 1300 $8.20 $10.660AD $8.25 $10.725.00 $10.00 $13A00AD 31 STREET SWEEPER (W/PICKUP BROOM) HR 6 $141.70 ;8.+0.20 $130.00 378D.0D $50.00 t1M.00 TOTAL BASE BID: $89994.60 $99,D93.00 $118,T90.00 193804595-Bid Tab BT-3 BID TABULATION Item Num Item Units Qty ALTERNATE 1: HYDROMULCH RESTORATION 32 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY -1300 25-151 SEED 33 HYDROMULCH WITH SEED MIXTURE 25-151 SY 1300 TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE 34 BACKED BENCH EA TOTAL ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: TOTAL ALTERNATE 2: Contractor Name and Address Phone: Email: Signed 8y Title: Signed Responsible Contractor CerHficOte: Bid SecurRy: Addenda ACkiwwlf d sd: Bidder No. 4 G.L. Contracting, Inc. Unit Price Total Bidder No. 5 Standard Contracting, Inc. Unit Price Total Bidder No. 6 G. Urban Companies, Inc. Unit Price Total $8.20 -$IQ660.OG $8.25 -$10,725.00 $10.00 -$13.000.00 $4AO 55.72D.DD $1.50 $1.950.00 $5.00 $6.500.00 -$4,940.00 48,77B.0D -$6,500.D0 $2,180.00 $2,180.00 $1,725.00 $1,725.D0 $2,000.00 $2-",00 52,180.00 $1,72&W $2.00D.00 $84,494.60 S99,093.00 $118,190.00 -54.94{1.Dp -$8.775.OD -56.500.00 $2,184.a10 $1.725.00 52.00D.00 G.L. Contracting, Inc. SWdard Contracting, Inc. G. Urban Companies, Inc. 440 Willow Drive 23570 Conrad Ave, 3781 Labore Rd. Medina, MN 55340 Hampton, MN 55031 St. Paul, MN 55110 (763)478-9529 (651)463-2510 (651)248-9830 danswansan q1contrading.corr beci(y0stanconine.cOm Rebecca Seidenkranz S urbanOurt38T10omponiesusa.co Dan Swanson Greg Urban Vice President Paving Div. President Owner Yes Yes Yes [aid Bond 1 Bid Bond 1 Bid Bond 1 193804595-Id Tab 8T-4 ® Stantec Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis MN 55402 April 12, 2019 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2019 Jaycee Park & Playground Improvements City Project No. 1026 Stantec Project No. 193804595 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2019 Jaycee Park & Playground Improvements project on April 11, 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 6 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Alternate 1 Alternate 2 Low Sunram Construction, Inc. $66,745.00 -$1,300.00 $2,500.00 #2 Blackstone Contractors LLC $67,122.50 - 6,500.00 $3,000.00 #3 Pember Companies, Inc. $88,659.00 -$6,435.00 $1,180.00 #4 GL Contracting, Inc. $89994.60 - 4,940.00 $2,180.00 #5 Standard Contractiino $99,093.00 -$8,775.00 11,725.00 #6 Urban Companies $118,190.00 -$6,500.00 $2,000.00 The low Bidder on the Project Base Bid was Sunram Construction, Inc. with a Total Base Bid Amount of $66,745.00. This compares to the Engineer's Opinion of Probable Cost of $73,500.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project without alternates to the low Bidder, then Sunram Construction, Inc. should be awarded the Project on the Total Base Bid Amount of $66,745.00. However, the City Council has the option to consider awarding any combination of the Alternates with the Base Bid as shown in the table below. The Contractor to which the Project should be awarded is shown below for each combination of Base Bid and Alternates. Bid Options Low Bid Contractor Base Bid $66,745.00 Sunram Construction, Inc. Base Bid w/Alt 1 $60,622.50 Blackstone Contractors LLC Base Bid w/Alt 2 $69,245.00 Sunram Construction, Inc. Base Bid w/ Alt 1 & 2 $63,622.50 Blackstone Contractors LLC Design with community in mind f April 12, 2019 Page 2 of 2 Should you have any questions, please feel free to contact me. Sincerely, ST��Aoo��NTEC CONSULTING SERVICES INC. Ltcr4- as / Chris Long, P.E. Enclosure Design with community in mind ��--®----ice (3 Stantec April 25, 2019 Mr. Ryan M. Sunram Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 Re: City of New Hope, Minnesota 2019 Jaycee Park and Playground Improvements City Project No. 1026 Project No. 193804595 Notice of Award/Contract Documents Dear Mr. Sunram, You are notified that your Bid dated April 1 l , 2019 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract in the amount of $66,745.00 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 indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: 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 Sunram Construction, Inc. (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. 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 4 Stantec Project Name: 2019 Jaycee Park & Playground Improvements City Project No.: 1026 Bid Opening: Thursdcy, April 11, 2019 at 10 A.M., CDT Bidder No. 1 BID TABULATION Sunram Construction, Inc. I hereby certify that this is an exact reproduction of bids Stantec Project No.: 193804595 received. / Owner: City of New Hope, MN Christopher W. Long, P.E. License No. 47106 Bidder No. 2 Bidder No. 3 Blackstone Contractors, LLC Pember Companies, Inc. Item Num Item Units Gty Unit Price Total Unit Price Total Unit Price Total BASE BID! 1 MOBILIZATION LS 1 $8,250.00 $8.250A0 $3,000.00 43.000,00 $4,400.00 $4,400.00 2 REMOVE TREE EA 1 $200.00 "WM $400.00 $400.00 $500.00 $5=00 3 REMOVE BENCH EA 1 $200.00 s7MOD $200.00 $2L10.00 $300.00 $300.00 4 REMOVE LARGE PARK SIGN LS 1 $435.00 $435.00 $400.00 $400.DO $500.00 $56D.00 5 SALVAGE SIGN LS 1 $300.00 $300.00 $400.00 $400.00 $250.00 $' XOD 6 REMOVE DRAIN TILE PIPE LF 120 $6.00 $720.00 $5.00 $L00.00 $5.00 $600.00 7 REMOVE EX. PLAY CONTAINER RETAINING WALL LF 245 $9.00 P-105-OG $7.00 $1,715.OD $15.00 $3,675.00 8 REMOVE CONCRETE WALK AND RAMP SY 70 $10.00 $700.00 $15.00 $1.057A0 $15.00 $1,050.00 9 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 45 $55.00 $2,475.00 $40.00 $1.800.00 $46.00 $2,070A0 10 REMOVE AND REPLACE STORM CASTING AND FRAME WITH EA 1 $1,000.00 $1,000AO $1,200.00 $1.200A0 $1,000.00 $1,000A0 11 SITE GRADING LS 1 $4,400.00 $4,4DDp0 $3,500.00 $3,50D.00 $18,000.00 $18.00o-00 12 GEOTEXTILE FABRIC - WALK AND PAD SF 400 $0.50 $200100 $1.00 $40040 $0.50 $2200.00 13 SELECT GRANULAR BORROW TN 215 $25.00 $5,375,00 $28.00 $642= $23.00 $4,945.00 14 AGGREGATE BASE, CLASS 5 TN 35 $43.00 $1.505.00 $40,00 $1.400.00 $35.00 $1,225JX 15 6" CONCRETE PEDESTRIAN RAMP SF 55 $15.00 $825.OD $15.00 582a00 $12.00 $660.00 16 TRUNCATED DOMES SF 12 $55.00 S66040 $65,00 $78D.00 $62.00 $744.D0 17 4"CONCRETE SIDEWALK RAMP -PLAYGROUND SF 60 $15.00 SWOM0 $15.00 $900.00 $19.00 $1,14D.00 18 CONCRETE PLAYGROUND CURB LF 260 $23.00 $5,980= $45.00 $11,700.00 $60.00 $15,600.00 19 6" CONCRETE WALK SF 430 $15.00 $6,45D40 $10.00 p=.00 $7.00 $3,010.00 20 BITUMINOUS ROADWAY PATCH SY 10 $55.00 $550.00 $100.00 $1.00D.00 $110.00 $1,100DO 21 4" PVC PERFORATED DRAIN TILE SPECIAL, WRAPPED IN ROCK LF 40 $40.00 $1,60D.00 $55.0.0 $2.20D.00 $28.00 $1,120:00 22 CONNECT DRAIN TILE TO STRUCTURE (CORE DRILL) EA 2 $850.00 S117p0.00 $500.00 $1.00DAO $450.00 $900A0 23 4" PVC NON -PERFORATED DRAIN TILE LF 20 $40.00 $800.D0 $20.00 $4DD.00 $23.50 $470-00 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 150 $16.00 $2,4000 $10.00 $1.S00.00 $16.00 $2.40D.00 25 4" PVC DRAIN TILE CLEANOUT EA 3 $450.00 $1.a50.00 $320.00 PAO= $250.00 $750.00 26 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $250.00 $250.00 $1,250.00 $1.25DA0 $600.00 S600.00 27 INLET PROTECTION EA 3 $150.00 $45D.00 $125.00 $375A0 $120.00 $360.00 28 SILT FENCE -MACHINE SLICED LF 325 $5.00 $1.625.00 $3.50 $1,137.50 $3.00 $975,00 29 LOAM TOPSOIL BORROW (LV) CY 180 $18.00 $3.240A0 $35.00 $6,300.00 $50.00 $9,000.00 30 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 1300 $7.00 $9,100.00 $7.50 $9,750Ap $7.95 $ i0,335.00 31 STREET SWEEPER (W/PICKUP BROOM) HR 6 $150.00 $9W.0D $110.00 $660.00 $130.00 $780.00 TOTAL BASE BID: $66,74SA0 567,122.50 $88,659.00 193804595-61d Tab BT-1 BID TABULATION Item Num Item Units Qty ALTERNATE 1: HYDROMULCH RESTORATION 32 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT Sy -1300 25-151 SEED 33 HYDROMULCH WITH SEED MIXTURE 25-151 Sy 1300 TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE 34 BACKED BENCH EA 1 TOTAL ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: TOTAL ALTERNATE 2: Contractor Name and Addres<- Phone: Email: Signed 31 Title: Signed Responsible Contractor (:iM flpate Bid Security Addenda ACknowTe(ge Bidder No. 1 Bidder No. 2 Bidder No. 3 Sunram Construction, Inc. Blackstone Contractors, LLC Pember Companies, Inc. Unit Price Total Unit Price Total Unit Price Total $6.00 -$7.800A0 $7.50 -$9.750.OD -$10,335.00 $5.00 $6.$DO.UO $2.50 $3�m.OD $3.00 $3.900.00 -$1.300.00 -$6,500.00 46.435.00 $2,500DO $2.=-00 $3,000.00 $3.000,00 $1,180.00 $1,180-00 $$500.00 , 53,000.00 $1,180.00 $66.745.00 $67,122.50 $88,659.00 -$1.300-90 -56,500.00 •$6A35m 52,500,00 53.000.00 $1,180,00 SUnraM Construction, Inc. Blackstone Contractors, LLC ?ember Companies, Inc. 20010 75th Avenue North 9520 Cunty Road 19, Suite D N4449 469th St. CarC=n, MN 55340 Loretto, MN 55357 Menamatie. WI 54751 (763)420-2140 (763) 291-7728 (715)235-0316 R SlIRr8t1'IGaA8LR4CtjaillnC.C:tf" -^,�L'C8�bi8Jr516t1ECalitr8Ct0iEllCp7m Bruce Karvonen I�jlembBr�liem�erp]nt3anres-aom Brent Pember Ryan M. Sunram Vice President Vice President President Yes Yes Yes El Bond Bid Bond Bid Bond 1 1 193804595-Bid Tab BT-2 (3 Stantec Item Num BID TABULATION Item Units Qty Bidder No. 4 G.L. Contracting, Inc. Unit Price Total Bidder No. 5 Standard Contracting, Inc. Unit Price Total Bidder No. 6 G. Urban Companies, Inc. Unit Price Total _ BASE BID: 1 MOBILIZATION LS 1 $886.00 3866.00 $7,240.00 $7.240M $7,500.00 $7.530.00 2 REMOVE TREE EA 1 $545.00 SS45.00 $985.00 tMiDo $2,000.00 $2.OW.00 3 REMOVE BENCH EA 1 $327.00 $327A0 $250.00 $250.00 $500.00 W-00 4 REMOVE LARGE PARK SIGN LS 1 $553.70 $553.7D $830.00 =40 $1,000.00 $1,ODO.00 5 SALVAGE SIGN LS 1 $218,00 $218.00 $150.00 $150M $500.00 $%O= 6 REMOVE DRAIN TILE PIPE LF 120 $6.60 $792.00 $7.00 $840,00 $15.00 $ .800.00 7 REMOVE EX. PLAY CONTAINER RETAINING WALL LF 245 $12.20 $2,989,00 $14-60 $3,577.00 $10.00 $2.450.00 8 REMOVE CONCRETE WALK AND RAMP SY 70 $8.90 $623.00 $2525 $1,767,50 $27.00 $1.89O.00 9 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 45 $47.50 $2,137.50 $84.00 $3,780.00 $100.00 $4.500,DD 10 REMOVE AND REPLACE STORM CASTING AND FRAME WITH EA 1 $1,134.10 $1.134.10 $1,515.00 $1,515A0 $1,000.00 $1.000.00 11 SITE GRADING LS 1 $5,906.30 $5.906.30 $15,400.00 $15.400.00 $36,000.00 S36.O00.00 12 GEOTEXTILE FABRIC - WALK AND PAD SF 400 $2.40 $960.00 $2.00 $8W.D0 $1.00 $400.00 13 SELECT GRANULAR BORROW TN 215 $23.00 $4,945.00 $18.60 $3,999.00 $25.00 $5,375DO 14 AGGREGATE BASE, CLASS 5 TN 35 $39.80 $1,393.00 $125.00 $4,375.00 $28.00 $980.00 15 6" CONCRETE PEDESTRIAN RAMP SF 55 $1520 $841.50 $16.50 $90750 $20.00 $1,100.00 16 TRUNCATED DOMES SF 12 $60.00 $720.00 $49.50 $594.oO $100.00 $1,200.00 17 4"CONCRETE SIDEWALK RAMP -PLAYGROUND SF 60 $27.30 $1.638.00 $16.50 $99D.00 $18.00 $1,080.00 18 CONCRETE PLAYGROUND CURB LF 260 $73.80 $19,1MOD $46.20 $12,012.00 $28.00 $7,280-00 19 6" CONCRETE WALK SF 430 $17.00 $7,310.00 $16.50 $7,095,00 $14.00 $6,020.0 20 BITUMINOUS ROADWAY PATCH SY 10 $141.00 $1,410.00 $100m $1.000AO $200.00 $2.000.00 21 4" PVC PERFORATED DRAIN TILE SPECIAL, WRAPPED IN ROCK LF 40 $37.70 $I=.OD $72.00 S2.8WDO $30.00 $1.21DOA0 22 CONNECT DRAIN TILE TO STRUCTURE (CORE DRILL) EA 2 $1,424.40 $2.84 W $300.00 $600.00 $1,500.00 $3.000.00 23 4" PVC NON -PERFORATED DRAIN TILE LF 20 $29.00 MUDO $42.00 $840AO $25.00 $500.00 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 150 $29.00 $4.350.00 $12.10 $1,815AO $23.00 $3,450.00 25 4" PVC DRAIN TILE CLEANOUT EA 3 $585.50 $1.756.50 $155.00 $465DO $400.00 $1,2COAO 26 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $1,635,00 $1.635.00 $1,500.00 $1,5GOAo $2,200-00 $2,2D0.00 27 INLET PROTECTION EA 3 $381.50 $1.144.50 $160.00 5480,0p $400.00 $1.200.00 28 SILT FENCE -MACHINE SLICED LF 325 $3,30 $1,072.50 $3.08 $1,001.00 $5.00 $1,62-00 29 LOAM TOPSOIL BORROW (LV) CY 180 $50.40 $4.072.00 $55.00 $91900 10 $33.00 $5.940,00 30 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 1300 $8.20 $10.660.00 $825 $10,725.Do $10.00 $13.000,00 31 STREET SWEEPER (W/PICKUP BROOM) HR 6 $141.70 $SSA.20 $130.00 $780,00 $50.00 $300.00 TOTAL BASE BID: $69,994.60 11 $99,093.00 $118,190-00 193804595-Bid Tab BT-3 BID TABULATION Item Num Item Units Qty ALTERNATE 1: HYDROMULCH RESTORATION 32 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT Sy -1300 25-151 SEED 33 HYDROMULCH WITH SEED MIXTURE 25-151 Sy 130C TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE 34 BACKED BENCH EA 1 TOTAL ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: TOTAL ALTERNATE 2: Contractor Name and Adores! Phone: Email: Signed 81 Title: Signed Responsible Contractor Certificate Bid Secimty Addenda Acknow..ea Bidder No. 4 G.L. Contracting, Inc. Unit Price Total Bidder No. 5 Standard Contracting, Inc. Unit Price Total Bidder No. 6 G. Urban Companies, Inc. Unit Price Total $8.20 -$10,660.00 $8.25 -$1p.725.40 $10.00 -$13,000.00 $4.40 $5.720.0D $1.50 $1.950.co $5.00 $6.500.00 -54,940.00 -SB,775,00 -$6.,5oll $2,180.00 $2,180.00 $1,725.00 $1,72.5AD $2,000.00 32.000.00 $2,180,00 $1.726.00 $2,00040 $89,994.60 j99.093.01D $118'190.00 -54.940.00 -$8,77&0D -$6,500.D0 $2,180.00 $1.725,00 S2ADD.OD G.L. Contracting, Inc. Standard Contracting, Inc- G. Urban Companies, Inc. 43DO Willow Drive M670 Conrad Ave. 37,31 Lobore Rd. hiedind. MN 55340 Hampton, MN 55031 V. Paul, MN 55110 (763)478-9529 (651)463-2510 (651)248-9830 LnsonLfticontracting.corr danawa hecky(QatanConinc.com Rebeeco Seidenkronz ClurbanOurbancamDanlesusa.CG Dan Swanson Greg Urban Vti@ President Paving Div. Prescient Owner YeS Yes Yes Bid Bond Bid Bond Bid Bond 1 1 1 193804595-Bid Tab BT-4 GORDON L. JENSEN' MELANIE P. PERSELLIN2.3 STEVEN A.SONDRALL STAcyA. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in Illinois/Colorado 3Qualified Neutral Mediator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW May 9, 2019 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 n TELEFAX (763) 493-5193 www.jspWaw.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com Re: 2019 Jaycee Park & Playground Improvements City Project No. 1026 Our File No.: 99.10030 Dear Val: personal delivery Enclosed please find four copies of the contract with SUNRAM CONSTRUCTION, INC., 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 except that only 2 original Performance and Payment Bond documents were included. I made 2 copies to be placed with 2 of the sets of Contracts. Please call me if you have any questions. Sincerely, Stacy A. W ods, Assistant City Attorney, City of N Hope Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Chris Long, City Engineer P:\Aftomey\SAS\l Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone ltr - 2019 Jaycee Park & Playground Improvements - Project 1026.docx May 13, 2019 Mr. Ryan Sunram Sunram Construction, Inc. 20010 751h Avenue North Corcoran, MN 55340 SUBJECT: Jaycee Park and playground improvements — city project 1026 At its meeting of April 22, 2019, the New Hope City Council approved the contract with your company for project no. 1026 for $66,745. 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, Valerie Leone City Clerk, CMC Enclosures _ Contract, IC-134 cc: Chris Long, city engineer Susan Rader, parks and recreation director CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.xnn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Request for Action April 22, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Title Agenda Section Development & Planning Item Number 8.4 Resolution awarding contract with Flagship Recreation and Landscape Structures for $89,197.58 for playground equipment, engineered wood fiber, a picnic table with shade structure and installation at Jaycee Park (Improvement Project No. 1026) Requested Action Staff recommends that the City Council award the contract and authorize the appropriation of funds in the amount of $89,197.58 for the purchase and installation of playground equipment, playground mats, geotextile fabric, engineered wood fiber, picnic table and sun shade at Jaycee Park, located at 3028 Independence Circle (improvement project no. 1026) through Flagship Recreation and Landscape Structures. On March 11, 2019, the City Council approved the plans and specifications for the project and authorized the advertisement for bids for the site work portion of the project. The equipment purchase would be through Flagship Recreation and Landscape Structures for $89,197.58. Flagship Recreation and Landscape Structures are on the state bid list for the equipment and installation. Background The playground equipment at Jaycee Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1994 and was repainted in 2012. In November 2018, a mailing was sent to area residents to gather some initial information on what they would like to see included in the new playground. This process has worked well in the past and staff appreciates the input from the neighbors. A committee made up of residents, representatives from Flagship Recreation, and staff from Stantec and the city met on February 13, 2019 to view plans that were designed based on the resident surveys, park size and budget. After discussion, the plans were modified and then reviewed at the second committee meeting on February 27, 2019. The site work portion of the playground project was bid separately and includes replacement of the playground container, entrance ramp, replacement of the trail from Independence Circle and concrete pads for a bench and picnic table. As has been discussed previously with Council, Landscape Structures and Flagship Recreation, are both on the State of Minnesota Cooperative Purchasing Venture and have a program to refurbish equipment. In the long-term, using Landscape Structures should enable staff to update a playground by replacing a few key pieces of equipment at a more economical price than replacing the entire playground structure and container. Funding Funding is available in the Park Infrastructure Fund, which is levy funded each year. This project is included in the 2019 CIP and the 2019 Park Infrastructure budget as shared with the Council during 2019 CIP planning meetings and 2019 Budget meetings. The amount budgeted for the project is $180,000. 1: \ RFA \ P&R \ PARKS \ 2019 \ #1026 - Jaycee Playground \ Approve Equipment \ Q&R - Jaycee Park playground equipment approval.docx Request for Action, Page 2 Similar to previous projects, public works staff will remove the old play equipment and the necessary sand. In addition, staff will order and install a bench and a new park sign. Having these completed by staff will save funds in the Park Infrastructure Fund. The funding for the purchase and installation of playground equipment submitted by Flagship Recreation and Landscape Structures is $89,197.58 for equipment and installation, including engineered wood fiber, geotextile fabric, playground mats, a picnic table and sun shade. Attachments • Resolution a Pictures of current equipment + View of proposed playground a Quote from Landscape Structures for equipment ($65,139.08) ■ Quote from Flagship Recreation for installation, playground mats, engineered wood fiber and geotextile fabric ($24,058.50) • 2019 CIP list City of New Hope Resolution No. 2019- 54 Resolution awarding contract with Flagship Recreation and Landscape Structures for $89,197.58 for playground equipment, engineered wood fiber, a picnic table with shade structure and installation at Jaycee Park (Improvement Project No. 1026) WHEREAS, a planning committee comprised of neighbors of Jaycee Park, city engineers and city staff met to develop plans to meet the needs at Jaycee Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the bid through the state cooperative purchasing agreement for playground equipment, engineered wood fiber, geotextile fabric, playground mats, a picnic table with shade structure and installation at Jaycee Park by Flagship Recreation and Landscape Structures is $89,197.58; and, WHEREAS, the planning committee has recommended that Council award the contract to Flagship Recreation/Landscape Structures; and, WHEREAS, the funding source for the contract is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota approves entering into a contract for playground equipment, engineered wood fiber, geotextile fabric, playground mats, a picnic table with shade structure and installation at Jaycee Park with Flagship Recreation and Landscape Structures for $89,197.58. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of April, 2019. rr� Mayor I Attest: A City Clerk Date 4/17/2019 Expires 7/16/2019 Quote: Clty of New Hope Contact: Steve Ellingson Phone: 763-531-5100 Email: sellin son ci.oew-hoya.mn.us Ship To: Jaycee Park Option 2 3032 Independence Cir N New Hope, MN 55427 Bill To: City of New Hope 4401 Xylon Ave N New Hope, MN 55427 landscape structures Please Make PO's & Contracts Out To: Landscape Structures 601 7th St. S Delano, MN 55328 Please Remit Payment To: Landscape Structures 6017th St. S Delano, MN 55328 _ __ _'__Pe 3.I MLules, mc. are suojeRto current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Customer deposits, if requl red, must be received before orders will be entered & Installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Landscape Structures, Inc. Minnesota State Contract #11979'� *Terms: Net 30 days; 1.596finance charge on balances over 30 days Page 1 of 2 Terms &Conditions Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2019. Contracts completed after this date are subject to price change. Responsibility: Landscape Structures shall be repsonsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Landscape Structures if merchandise does not meet requirements of the order. Project Scope (This Section For Quotes Including Installation) Inclusions: One Mobilization Public Utility Locates Unpacking of Play Equipment Assembly of Play Equipment - Placing, Digging or Surface Mounting Equipment (as specificed) - Concrete for Play Equipment Footings - Standard Insurance Offer (Detail Provided Upon Request) Standard Warranty Offer (Detail Provided Upon Request) -Standard Wage Rates Exclusions (Unless Specifically doted): - Accepting & Unloading of Order Prior to Installation Storage or Security of Equipment Private Utility Locates 6rrigatl6n, low voltage, lighting, etc.) Additional Labor Due to Slte Access. Require 8' Wide Clearance from Staging Area to Play Space. Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Removal of Existing Play Equipment, Border or Safety Surfacing Material Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. Border for Play Space - Bonding of Any Type Permits of Any Kind Please note, quotes including installation are based on site access and site conditions that have been conveyed to Landscape Structures by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acre tarrce of uotation. Accepted By (Print) Steve Ellingson PON: -6.-at AN C. Email: sellingsonCci.new hope.mmus Title: Phone: Date: Purchase Amount: $65,139.08 soil landscape structures Project: Jaycee Park 2019 Location: New Hope, MN Contact: Steve Ellingson Vendor: Flagship Recreation / Landscape Structures 4Ty NO DESCRIPTION PRICE EXT PRICE 1 123284C Wiggle Ladder 48"Dk DB $ 697.00 $ 697.00 1 174449A Sling Shot Climber 48"DK DB $ 2,868.00 $ 2,868.00 1 176079A Sunbeam Climber $ 1,631.00 $ 1,631.00 1 111228A Square Tenderdeck $ 939.00 $ 939.00 1 111231A Triangular Tenderdeck $ 727.00 $ 727.00 1 152911C Curved Transfer Module Right 48"Dk DB $ 2,671.00 $ 2,671.00 1 193168A Netplex 7-Post No Roof Steel Posts and DB Only $ 6,095.00 $ 6,095.00 1 193175A Skyport Climber for 7-Post Mainstructure DB Only $19 145.00 $19,145.00 1 201545A Blender Spinner DB $ 2,288.00 $ 2,288.00 1 184489C Overhead Trekker Ladder w/o Deck Connections DB $ 2,237.00 $ 2,237.00 1 111404F 108"Alum Post DB $ 278.00 $ 278.00 4 111404D 124"Alum Post DB $ 323.00 $ 1,292.00 3 111404A 148"Alum Post DB $ 359.00 $ 1,077.00 1 123336A Double Wave Slide 48"Dk DB $ 2,485.00 $ 2,485.00 1 222708A WhooshWinder Slide 72"Dk DB $ 4,641.00 $ 4,641.00 Cost of PlayStructure Items $49,071.00 INDEPENDENT: 2 120710A Pod Climber 8" DB $ 263.00 $ 526.00 1 158105A Wobble Pod DB Only $ 1,404.00 $ 1,404.00 1 247189A Chill Spinner DB $ 1,869.00 $ 1,869.00 1 251575A Rhapsody Vibra Chimes Major Chord DB $ 3,818.00 $ 3,818.00 1 154397A CoolToppers Single Post Pyramid (12'x12') DB Only $ 3,621.00 $ 3,621.00 1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury $ - $ - 1 141684A Tendertuff Picnic Table 72"Table 72"Seat Movable $ 1,146.00 $ 1,146.00 1 173592A Oodle Swing DB Only $ 5,030.00 $ 5,030.00 2 174018A Belt Seat ProGuard Chains for 8' Beam Height $ 116.00 $ 232.00 1 176038G Full Bucket Seat ProGuard Chains for Toddler Swing $ 293.00 $ 293.00 1 177332A Single Post Swing Frame 8' Beam Height Only $ 1,162.00 $ 1,162.00 1 177337A Toddler Swing Add -On Beam $ 460.00 $ 460.00 Cost of Independent Items $19,561.00 Total Cost of Equipment $68,632.00 EQUIPMENT COLOR SIGN OFF Please sign below if you approve of the colors represented in the photo above. Custom Color Pallete DENIM - SKY - ACORN - LAGOON customer Signature: Date: Option #2 w/Changes Date 2/12/2019 Expires 5/13/2019 Quote: City of New Hope Contact: Steve Ellingson Phone: Email: 763-531-5100 &q II i ncso n@ ci. new - hoa e.m n.ti s flashii, palf— rec eation Ship To: Please Make PO's & Contracts Out To: Jaycee Park Option 2 Flagship Recreation 3032 Independence Cir N 275 E. 4th St., Suite 810 New Hope, MN 55427 St. Paul, MN 55101 Bill To: Please Remit Payment To: City of New Hope Flagship Recreation 4401 Xylon Ave N 275 E. 4th St., Suite 810 New Hope, MN 55427 St. Paul, MN 55101 We are pleased to submit this proposal to supply the fallowing products/services: CITY ITEM # Description UNIT PRICE EXT. PRICE 1 Installation by I.andacape Structures Certified Installers '% of Equip $13,373.70 Design #: Jaycee_021119_Opt2 24% of Equipment Costs (Equipment Cost: $64,514.08) 1 Mobilization $500.00 $500.00 1 Dumpster - 30 Yard $550.00 $550.00 5 Rubber Wear Mats 4' x 5' x 2" Material & Install Quote Per Project $1,591.23 4341 Geo Textile Fabric (Sq. Ft.) $0.50 $2,023.57 140 Engineered Wood Fiber (CY) - IPEMA Certified Playground Surfacing $43.00 $6,020.00 Subtotal $24,058.50 Freight $0.00 Sales Tax Tax Exempt Cert. Total $24,058.50 Quotes from Flagship Recreatoin, Inc. are subject to current Flagship Recreation, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Flagship Recreation, Inc. Minnesota State Contract #119795 *Terms: Net 30 days;1.5% finance charge on balances over 30 days Page 1 of 2 Terms & Conditions Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supercedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2019. Contracts completed after this date are subject to price change. Responsibility: Flagshi Recreation shall be repsonsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Flagship Recreation if merchandise does not meet requirements of the order. Project Scope (This Section For Quotes Including Installation) Inclusions: One Mobilization Public Utility Locates Unpacking of Play Equipment Assembly of Play Equipment Placing, Digging or Surface Mounting Equipment (as specificed) Concrete for Play Equipment Footings Standard Insurance Offer (Detail Provided Upon Request) Standard Warranty Offer (Detail Provided Upon Request) Standard Wage Rates Exclusions (Unless Specifically Quoted): Accepting & Unloading of Order Prior to Installation Storage or Security of Equipment Private Utility Locates (irrigation, low voltage, lighting, etc.) Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Removal of Existing Play Equipment, Border or Safety Surfacing Material Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. Border for Play Space Bonding of Any Type Permits of Any Kind Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acceptance of Ruotatlon: Accepted By (Print) Steve Ellingson PO#: Signature: Email: sellingson@ci.new-hope.mn.us Title: Phone: Date: Purchase Amount: $24,058.50 flushi� cauen Page 2 of 2 CITY OF NEW HOPE CONTRACT WITH FLAGSHIP RECREATION/LANDSCAPE clea STRUCTURES FOR THE 2019 SUPPLY AND INSTALATION OF PLAY EQUIPMENT AT JAYCEE PARK For valuable consideration as set forth below, this contract dated the 31 st day of May, 2019, is made and signed by the City of New Hope (hereinafter "City") and Flagship Recreation/Landscape Structures. (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Flagship Recreation under this Contract (hereinafter the "Work"), is defined as the all work including but not limited to the successful provision of playground equipment, installation of playground equipment and engineered wood fiber surface and provision of a playground safety audit in compliance with national standards upon successful installation of the play equipment. Any modifications to the work defined in the "Work" will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $89,197.58 dollars (eighty nine thousand one hundred ninety seven dollars and fifty eight cents), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Total amount of this contract shall not exceed $89,197.58. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 31", day of August, 2019 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles. $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall Jaqui Zamora, Flagship Recreation, 4940 W. 35th Street St. Louis Park, MN 55416 (763) 550-7860. 10. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Susan Rader -Director of Parks and Recreation 4401 Xylon Avenue North, MN 55428 (763) 531-5152. Contract Page 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By By STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN } Its City Manager foregoing was acknowledged before me this 7 Y day of fhe 1 L , I 2019, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. JfNotary ALERIE J LEONE Public-Mlnnesota commission Expires An 31, 2020 Notary Public Contract Page 4 STATE OF MINNESOTA COUNTY OF HENNEPIN of CONTRACTOR 1-'� 0,,1CO1ti )p4&'rt-All OvN By (/, j L, M�-: A � p S Its epresentative The foregoing was acknowledged before me on this , 2019, by „� • KIMBERLY ANN �AVELDSON Notary Pubifc. State of Minnesota My Commlasion EKpifis �tMF]Lfnl 71 AO� 7 day of J✓N6-- Z019 N tary Public on behalf of AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Elise Strecker being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of. HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 03/21/2019 and the last insertion being on 03/21/2019. 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 a latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 03/21/2019 by Elise Strecker. Notary Public DARLENE MARIE MACPHEHSON Notary Public Minnesota r !�`•'�� My Commission Fa*3January31,2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 917106 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, April 11, 2019, atwhich time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2019 JaKge Bark Fs-PkUround ImDrpvgt=ntsts_-_City Project No. 1026 In general, the Work is generally described as follows: removal of retaining wall and concrete walk; site grading, concrete walk, underd- rain, concrete playground curb and ramp. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install bench. The Project consists of the following approximate quantities for the Base Bid: 75 SY Remove Ex. Concrete Pavement 25 TN Aggregate Base 260 LF Concrete Playground Curb 300 LF 4" PVC Draintile 115 CY Loam Topsoil 1300 SY Erosion Control Compost Blanket Blown with Seed Along with miscellaneous utility improvements, removals, restoration and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn, corn for $20 by inputting QuestCDN eBidDoc 06220935 on the web - site'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, (6121712-2000. 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 Published in the Sun Post March 21, 2019 917106 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, April 11, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else neces- sary for the following: ImUm t,�a-City Project N� 1026 In general, the Work is generally described as follows: removal of retaining wall and concrete walk; site grading, concrete walk, underdrain, concrete playground curb and ramp. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install bench. The Project consists of the following approximate quantities for the Base Bid: 75 SY Remove Fir. Concrete Pavement 25 TN Aggregate Base 260 LF Concrete Playground Curb 300 LF 4" PVC Draintile 115 CY Loam Topsoil 1300 SY Erosion Control Compost Blanket Blown with Seed Along with miscellaneous utility improvements, removals, restoration and correlated appurtenances. Complete digital Bidding Documents are available at www.auestcdrLcbtn for $20 by inputting #4935 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantee, 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 ofBids. 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 Finance and Commerce March 21, 28, 2019) 11718512 STATE OF MINNESOTA ) (SS. COUNTY OF HENNEPIN ) Description: 2019 Jaycee Park & Playground Improvements Disa Ehrler , 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 11718512 hereto printed as it was printed and published there in the English language; that it was first so published on March 21, 2019 for 2 time(s): the subsequent dates o publicauons cfng as follows: Thu, March 21, 2019 Thu, March 28, 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 abcdcFgltijklmnopgrstuvwzya abcdef.1 ijklmnopgrstuvwxvx 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 Hcnmmin County. 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 the 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. Subscribed <<r1W1 "k/ v Sworn to before me this 28th day of March, 2019 (Notarial Seal) Notary Public, Hennepin County, Ainn6ola ALYSSA E. HANSEN NoUk y Publ�Mlrlrte M MyGvtrtndtirlan Eaplrw Jan $1, 20M RATE INFORMATION: 1. Lowest classified rate paid by $ 16.0000 commercial users for comparable space: 2. Maximum rate allowed by law for the above $ 0.44342 matter: 3. Rate actually charged for the above matter: 0.4031 CONTRACT 0CL EN`rM Project Manual For 2019 Jaycee Park & Playground Improvements Prepared for: City of New Hope, Minnesota City Project No. 1026 (3 Stantec CONTRACT March 2019 C U M w k E N TyVy; Stantec Project No. 193804595 DOCUMENT 00 91 13 ADDENDUM 1 2019 JAYCEE PARK & PLAYGROUND IMPROVEMENTS CITY PROJECT NO. 1026 PROJECT NO. 193804595 NEW HOPE, MINNESOTA April 4, 2019 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 (612) 712-2000 - General Office (651) 492-7747 - Chris Long, 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. ADDENDUM 1 0 2019 Stantec 1 193804595 0091 13 - 1 SECTION 00 52 10 - AGREEMENT FORM 1. Page 00 52 10 - 1, 2. Remove and replace paragraphs 4.02 and 4.03, and add 4.04 with the following: 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before September 20, 2019, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before August 30, 2019. 4.03 Dates for Milestones A. All Work must be completed within 42 calendar days of start of Work and initial park and playground removals. 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 and 4.03 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. LIST OF ATTACHMENTS 1. None. END OF DOCUMENT ADDENDUM 1 02019 Stantec 1 193804595 0091 13 - 2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Christopher W. Long, P.E. Date: March 21, 2019 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS 0 2019 Stantec 1 193804595 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 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information • Project drawings for Jaycees Park Improvements, 1994, City Project No. 522, Bonestroo Project No. 34165, dated July 22, 1994 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition Divisions 03 to 11 - Not Used Division 12 - Furnishings 12 92 00 Site Furnishings Divisions 13 and 14 - Not Used FACILITY SERVICES SUBGROUP - Not Used TABLE OF CONTENTS © 2019 Stantec 1 193804595 0001 10 - 1 SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 2313 Subgrade Preparation 31 3219 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 3211 23 Aggregate Base Courses 32 12 01 Flexible Paving for Municipal Projects 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Curbs and Gutters 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 46 00 Subdrainage END OF SECTION TABLE OF CONTENTS © 2019 Stantec 1 193804595 0001 10 - 2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M. CDT, Thursday, April 11, 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 Jaycee Park & Playground Improvements - City Project No. T026 In general, the Work is generally described as follows: removal of retaining wall and concrete walk; site grading, concrete walk, underdrain, concrete playground curb and ramp. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install bench. The Project consists of the following approximate quantities for the Base Bid: 75 SY Remove Ex. Concrete Pavement 25 TN Aggregate Base 260 LF Concrete Playground Curb 300 LF 4" PVC Draintile 115 CY Loam Topsoil 1300 SY Erosion Control Compost Blanket Blown with Seed Along with miscellaneous utility improvements, removals, restoration and correlated appurtenances Complete digital Bidding Documents are available at www.auestcdn.com for $20 by inputting -q_uestCDN eBidDoc 46220935 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 ADVERTISEMENT FOR BIDS 0 2019 Stantec 1193804595 00 11 13 - 1 This Page Left Blank Intentionally SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not 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 QuesfCDN.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. INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 2 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 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;" 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; INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804595 0021 13 - 3 F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally 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 maybe issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 4 ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. 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 INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 5 Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 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 INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 6 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. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 7 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful 'Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804595 0021 13 - 8 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of 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 193804595 0021 13 - 9 This Page Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Project drawings for Jaycees Park Improvements, 1994, City Project No. 522, Bonestroo Project No. 34165, dated July 22, 1994. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION 0 2019 Stantec 1 193804595 0031 00-1 This Page Left Blank Intentionally PillfDtlDiYl � S .}� r .' R { I-,.. I• 1- � -r="' 1�!� Imo_ 'r .1 I•:` � ; �- 1jjj-j1j` CITY OF NEW HOPE � A ,:_;_ .y1 e . -- -, . JAYCEES PARK IMPROVEMENTS ; - ,� ^� CITY PROJECT NO. 522��°� - r 1994 1 \ COUNCIL F { EDWARD J. ERICKSON . . . . . . . . . . MAYOR �• Y .- W. PETER ENCK. . . . . . . . .COUNCILMEMBER r" GERALD H. OTTEN . . . , COUNCILMEMBER 'fir TERRI WEHLINO . . . . . . . . . COUNCILMEMBER MARKY WILLIAMSON. COUNCILMEMBER o — DANIEL J. DONAHUE . . . . . MANAGER STEVE SONDRALL. . . . . . . . . . . ATTORNEY Z SHARI FRENCH. . . . .PARKS AND REC. DIRECTOR i - Ld r j# O LOCATION PLANan. r imc SHOT Z sw M I CONTRACTOR: SUNRAM CONSTRUCTION, INC. � 3 I OROBS BEORONB �a4e wf� a wA. �r•-r+n ..a yc Rro.o� cnmox Q••••� wmxonm nomxa .raw BAR . YW WpI� ,u B1+4n [e�i�n,��n�n,Yiu rtYYMo xWlly ., rCo•fsiµ? Mi , 'rtL 4V,ixlµc ' ra �� NOW nAnN euro x�r « 'h Na Nxlxr 1 �' ' �xllta tnK wiw } 1 r Mg r w�wnw cIftk Ix4P�xbaxx LAYOUT & GRADING PLAN md.n ti CONTRACTOR: SUNRAM CONSTRUCTION, INC RECORD PLAN �R o wN w+v. fe PLALYGMW LAMff® •4 !• SECTION B—B F` EEL'_ w...cL Yi1AlA6ie LLP cure s �E iIN CI}R - r3AA1P M �n -\ w �oowaB udQ }}} Ell— UND CURB i1EtA1L . y Ems: 91TU _ s 6y � norx eeW � ! r. pEC N ! qn �n ire ��E rl MN_TILE PISCHARGE Aw DETAIL a w z Z s Mmrc 0 r 3 Za -1 Stantec BIDDER: C .. fc� 00'g f �rkc �0 A, L" DOCUMENT 00 41 10 BID FORM 2019 JAYCEE PARK & PLAYGROUND IMPROVEMENTS PROJECT NO. 193804595 CITY PROJECT NOS. 1026 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 DocumentSFor the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that, A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No Addendum Dole 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. 1 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 LEnvironmental Conditions that have been identified in SC-4.06. £. Bidder has obtained and carefully studied (or accepts the consequenceSFor not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, L 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 Iprograms incident thereto. k� �, © 2019 Stantec 1 193804595 0041 10 - 1 BID FORM F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder, J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditionSFor the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A.. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4,02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract DocumentSFor the following price(s): All specific cash allowances are included in the 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. 0 2019 Stantec 1 193804595 0041 10 - 2 BID FORM I No. Item Units Qty Unit Price Total Price I BASE BID: 1 MOBILIZATION LS z 2 REMOVE TREE EA l $ _ 2 &0. 00 $ Z ©p o© 3 REMOVE BENCH EA $ 2dn. 00 Zoo, o0 4 REMOVE LARGE PARK SIGN LS l 4W.00 $ s 5 SALVAGE SIGN LS l $ 3o p 00 $ 3 0o. 00 6 REMOVE DRAIN TILE PIPE LF 120 00 1 Z0. 00 $ $ 7 REMOVE EX. PLAY CONTAINER RETAINING WALL LF 245 1.6o ZZ 0 S. 00 $ $ 8 REMOVE CONCRETE WALK AND RAMP SY 70 p 00 -100. oo $ 9 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 45 S5. oo Q 7 S. 60 $ $ _Z 10 REMOVE AND REPLACE STORM CASTING AND FRAME EA 1 /p Go. 00 000, 00 WITH NEW HDPE RINGS $ $ 11 SITE GRADING LS l s. 400, 00 0-o0. oo $ 12 GEOTEXTILE FABRIC - WALK AND PAD SF 400 0. S-p Zoo 00 13 SELECT GRANULAR BORROW TN 215 $ Z SS, 00 $ _ S 3 � S. o0 14 AGGREGATE BASE, CLASS 5 TN 35 4 3, oo I SOS, Oo 15 6" CONCRETE PEDESTRIAN RAMP SF 55 1 00 O ZS, o0 $ $ 16 TRUNCATED DOMES SF 12 S d O oo $ $ 17 4" CONCRETE SIDEWALK RAMP - PLAYGROUND SF 60 I S v0 D0.00 $ $ 18 CONCRETE PLAYGROUND CURB LF 260 3 00 �O -00 $ $ 19 6" CONCRETE WALK SF 430 I S 0Q 4.Co. OD $ $ 20 BITUMINOUS ROADWAY PATCH SY 10 $ 00 21 4" PVC PERFORATED DRAIN TILE SPECIAL, WRAPPED IN LF 40 !i 40,00 60. 00 ROCK AND FABRIC $ $ 22 CONNECT DRAIN TILE TO STRUCTURE (CORE DRILL) EA 2 '� S p 00 $ , 23 4" PVC NON -PERFORATED DRAIN TILE LF 20 4 0, 00 $ 0 2019 Stantec 1193804595 0041 10-3 BID FORM No. Item Units Qty Unit Price Total Price 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 150 i • ou 2o0. cv $ � 25 4" PVC DRAIN TILE CLEANOUT EA 3 26 TEMPORARY CONSTRUCTION ENTRANCE EA 1 �-p 00 �-0.Op 27 INLET PROTECTION EA 3 I 0 Q-SC, vU $ � 28 SILT FENCE - MACHINE SLICED LF 325 Op I ? 0 29 LOAM TOPSOIL BORROW (LV) CY 180 q 30 EROSION CONTROL COMPOST BLANKET BLOWN W/ SY 1300 00 MNDOT 25-151 SEED 31 STREET SWEEPER (W/PICKUP BROOM) TOTAL BASE BID: ALTERNATE 1: HYDROMULCH RESTORATION 32 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT 25-151 SEED 33 HYDROMULCH WITH SEED MIXTURE 25-151 TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE 34 BACKED BENCH TOTAL ALTERNATE 2: FURNISH AND INSTALL SITE FURNITURE HR 6 �50 op fJO. 00_ SY -1300 oo SY 1300 00 $ SUo.Op $.—13ct).vv EA 1 $ Z�-pO, 00 $ ZS-o0. oo $ 2Soo, 00 © 2019 Slantec 1 193804595 0041 10 - 4 BID FORM No. Item Units Qty Unit Price Total Price BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: $ TOTAL ALTERNATE 2: © 2019 Sionlec 1 193804595 0041 10-5 BID FORM This Page Left Blank Intentionally 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 IWork 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. f ~ 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the II General Conditions, and the Supplementary Conditions. SUBMITTED on rl. { I 2019. I a If Bidder Is: LIA e a • • 5711 Corporation Name: �a'-\ 1111'C",CkQ4 LIS (SEAL) State of Incorporation; /U- o Lam. Type (.Ge ra}BusinJ �+ ess, Professional, Service, Limited Liability): GC,12, J'11-I r By: 4. (Signature) Name (typed or printed); Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s) 70GIc --70-h Aye. fv(o"A _Lr<car ol^ M N SS34-0 ` Phone No.: —i � � _ 4 7. ` 1 Email.: • ©2019 5tantec 1 193804595 0041 10 - 6 BID FORM An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box Ws)t Phone No.: Email.: A Pnrirtershia (SEAL) Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Ws): Phone No.: Email.: END OF DOCUMENT © 2019 Slantec 1 193804595 0041 10 - 7 BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 2019 JAYCGF. PARK & PLAYGROUND IMPROVEMENTS CITY PROJECT NO. 1026 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 he 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 verities 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 191.722, 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 Itour 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 delCI7nI100031 that the contraaar or related entity underpaid wages or 'naltics,*.. © 2019 Stantec 1 193804595 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 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification. had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise; or veteran -owned business goals. due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions. agencies, or political subdivisions: and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Slat. § 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 It' 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 fi•om 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 © 2019 Stantec 1 193804595 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 1 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 Signatu a of &vner or Officer: Pr•int+ed Name: n� r PA Till Date: f j i 4 Company Name: �i !S v r{t. and stt cribcd cfore me tl i3,x _ay of .20 Notal Public t -----•--------------•--- - �•,.neraae�eee �swxtee�sr� NOAIAlRgY!4fAgWW RT71 x Notary Publlo-ItSinlesots My Comm. Ekpires Jrmn. 31, 203E 1` E�.rEesr�awsr�woonmra�a �Iy Commission Expires; ! •�,'� _-. NOTE: Mirm. 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 inLq- L© 2019 Stantec 1 193804595 BID FORM ATTACHMENT A 0041 13-3 L ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2019 JAYCEE PARR & PLAYGROUND 1hIPROVEMENTS CITY PROJECT NO. 1026 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. F(LegSTTIER SUBCONTRACTOR NAMES al name of company as registered with the Secretary of State) Name of city where company home office is located BID FORM ATTACHMENT A © 2019 Stantec 1 193804595 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2019 JAYCEE PARK &PLAYGROUND IMPROVEMENTS, Crry PROJECT NO. 1026 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) I office is located LO 2019 Stantec 1 193804595 BID FORM ATTACHMENT A 0041 13-5 L 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. A horized Signatuo'of Owner or Officer: Printed Name: J +I a .:� -�1 �II . )vl•Y�.r �4"}� i fl,� l %� i 1 it�e: Date. /1 tI Co parry Name: S4v rat to and su crihed before me thi� 1 �i �iay of 201=j. ltiipfiiC��.]�LSISiIC �� My Commission Expires: 1 r�' ~}, © 2019 Stantec 1 193804595 r`.i9f-f9d('."!�r"�SO.l7'+LlyllPfRRt�R�SpAp-p ' % []C'T f� otary publfo4innesots. .o-; iNgComrn. Expires iai. 31, 02� � c � wawwa��ar� :wrr END OF SECTION BID FORM ATTACHMENT A 0041 13-6 f I UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Bid Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place Sunram Construction, Inc. of business) United Fire & Casualty Company 20010 75th Avenue North 118 Second Avenue SE Corcoran, MN 55340 P.O. Box73909 Cedar Rapids, Iowa 52407 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Avenue North This document has important legal consequences. Consultation with an attorney is New Hope, MN encouraged with respect to its completion or BOND AMOUNT: Five Percent of Amount Bid (5 0 ) modification. Any singular reference to Contractor, Surety, PROJECT: (Name, location or address, and Project number, if any) Owner or other party shall be considered plural 2019 Jaycee Park & Playground Improvements where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the 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 Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 11th day of April, 2019 (Witness) (Witness) Sunram Construction, Inc. Principt {Seal} (Title) UNITED F E & CASUALTY COMPANY ' (Surety) (Seal) Attorney in Fact Nicole M. CotV t (Title) CONT0525 (072010) The language in this document conforms exactly to the language used in AIA Document A310 2010 edition. CORPORATE ACKNOWLEDGMENT STATE OF MWIv S I COUNTY OF ICE NN Ep, iv On the It day of A it2 iL 11-'i"I . before me personally appeared , Lec SLM'Zom to me, who being duly sworn, did depose and say: that s/he resides in that s/he is the Pi"L 51 D -NT of the Sunram Construction, Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. SEAL ANNETTE MARIE SHIERTSIti (SEAL) NOTARY PUBLIC ' STATE OF MINNESOTA Nmary Public MY COMMISSION EXPIRE;. JANUARY 31, 2020 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 11th day of April , 2019 before me personally appeared, , ,. to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or 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 as 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. (SEAL) X-�/ "ft e:,� Notary Ptit LORI ANN ZARBOK Notary Public Minnesota VY Commission Expires Jan, 31, 2024 UNITED FIRE & CASUALIY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety, Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, Tx 118 Second Ave SE Uf guf! FINANCIAL. PACIFIC INSURANCE COMPANY, ROCKLIN-, CA Cedar Rapids, I -A 52401 !NSURAKE CERTIFILD COPY OF POWER OF A170RNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corpor'atton duly organized and existing Under the laws of the State of Iowa; United lire & 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 it Cedar Rapids, State of Iowa, does snake. constitute and appoint NICOLE M. COTY, PATRICIA M. ROWAN, EACH INDIVIDUALLY then true and lawful Atiolney(s)-in-Fact wish power and authority hereby conferred to si-an, seal and execute in its behalf all lawful bonds, undeitaki ngs acid otliet obligalory instrunimts of similar nature pttmvidetl that no single obligation shall exceed $1 s , o0o , 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were mgnetl 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 Limited shall eapu'e the 21 st day of November, 2019 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance C'ornparty. 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 11mled Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company, "A rattle VI — Surety Bonds and Underta kings" Section 2, Appoinunent of Attorney-fn-Fact. "The Presidem or [lily Vice President, or any other officer of the Companies may. from titre to time, appoint by written certificates attorneys in -fact to act us behaltof She Companies in the execution of polities of insurance, bonds. undertakings and other obligetoty instruments of like nature. The signature of any officer awhorixcd hinvby, and the Corporate sea[, may be affixed by facsimile to any power of attorney or special power of attorney or certifu ation of either atithom-ed henhv: such signature and sea[. when tin used, being adopted by the Companies as the original signature of such officer and the original writ of the Companies, to be catid and binding upon the Companies with the Name force and cMet as thaug,h manuall} affixed Such artorneys-in-fast, sub,ieot to the limitations set of forth in their respective certificates of authorSy 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 Pteaident or any Vice President, the Board of Directory or any other officer of the Companies may at any time revoke all poi er and authority ptet-iously giten to any attorney -ill -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its N� FCRr�lr y� a,1`�+Y+�dr'�+.Y � , •�F%t usuq vice president and its corporate seal to be hereto affixed this +44{�y�$ 21st day of November a.�i, 2017 ` roxaauATF CaarY _ ?; AAir 941 A' tC !r ,aLv2? UNITED FIRE & CASUALTY COMPANY SEAL L seat -s sees -'c, UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County ofLinn, ss: Vice President On 21St ❑a of November 2017, before me personally came Dennis J. Ri.chma3tnn to me known, wino being by rue 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 �R+ Patti Waddell : Iowa Notarial Seal Commission number 101 274 Notary Public My Commission Expires 10/26;2019 My commission expires: I O/26,,2019 1, Mary A. Bensch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indennrity Company, and Amiswit Secretary of 1,inanctaI Pacific Insurance C"otrTpany, do hereby curd} that i have compared the foregouag copy of the Power of Auonnev and affidavit, and the COPY Of the Section of the byIn ws and resoItawns of said C'orpoiattons as set forth in said Power of attorney, with [fie 0RIGfNALS ON F1LF. IN I'HI- HOME OFFICE OF SAIL] CIJRPORATIONS, and that the same are correct uanscrq)ts thereof, and of the whole of die said originals, and that the said Power of Attorney has not been revoked and is now in fall force and effect. In testimony whet eof I have hereunto sutrtined my name and affixed th corporate seal of the said Corporations this 11Y� day of _ 1 _ 20�j A■ t+.r'Fi �N'� GqT �1g t� +r+f`Sy s QF;OpPplt♦',� }� k�v� [oittvrnntr __ toxroaAnlr� By: �: n n- TL v O"� _ , (J 5EAl s7 SEAL n!�;FR. `* `= Assistant Secretary, +'rr+llmrp+l'y nitnuuY's .,yr �+ OF&C & LIF'&I & F'PIC rllrlulx+. BPOA0045 122017 T'n.iS SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Sunram Construction. Inc. (hereinafter called Contractor), Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents, The Work is generally described as follows: removal of playground container, and concrete walk; site grading, concrete walk, underdrain, concrete playground curb and ramp. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install bench. 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 Jaycee Park & Playground Improvements, City Project No. 1026, 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 June 14, 2019, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before August 30, 2019. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the AGREEMENT FORM © 2019 Stantec 1 193804595 00 52 10 - 1 time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid of Sixty Six Thousand Seven Hundred Forty -Five Dollars and No Cents ($66,745.00). 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.I 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 Conditions and less 200-percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. AGREEMENT FORM 0 2019 Stantec 1 193804595 00 52 10 - 2 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. AGREEMENT FORM 0 2019 Stantec 1 193804595 00 52 10 - 3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 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: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the Table of Contents of the Project Manual. 6. Drawings bearing the following general title: 2019 Jaycee Park & Playground Improvements, City Project No. 1026. 7. Addenda (Number i). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent -to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 0 2019 Stantec 1 193804595 AGREEMENT FORM 005210-4 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2019 Stantec 1 193804595 00 52 10 - 5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on April 22, 2019 (which is the Effective Date of the Agreement). Owner: City of Hqqe, Minnesota By: I Attest: Address for giving notices: CITY CLERK CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 Designated Representative: Name: KIRK McDONALD Title: CITY MANAGER Address: 4401 XYLON AVE NORTH NEW HOPE, MN 55428 Phone: 763-531-5100 Facsimile: 763-531-5136 Contractor: Sunrram Construction, Inc. By� S Attest: aYvnzUj �f�t 4,&l Address for giving notices: 200ic, 75th AV,, - co r cc) ra- n M N S53L40 License No.: &C (''j 5 -160 (Where Applicable) Designated Representative: Name: R\A r) S 1. WY1 rt'n Title: V I C L Pre S 1 Ci e'n t- Address: ld011; 7 4+) AV2 P� ( lO,rCuf a o MQ 55`5L () Phone: % 63 - H -Z0 -Z I (-10 Facsimile: 3" 4Cl 4. 3` 1 c� END OF SECTION © 2019 Stantec 1 193804595 AGREEMENT FORM 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal LE Signature Surety's Name and Corporate Seal LE Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. 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 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 l 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 part?): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paae 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and -Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal an Wo Surety's Name and Corporate Seal Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paee 1 of 3 (Seal) 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 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. 1 FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): L EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Pape 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC e4, ��1ERIC,tN C(1VVCIL of ENIiirv1'eniilci COAII`ANIf �. SCE American Society National Society of Professional Engineers Aof Civil Engineers Pmlessianal 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 IV 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.ora Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction ................................................. ............................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents........................................................................................................ 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands.......................................................................................................... 11 4.02 Subsurface and Physical Conditions.................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities....................................................................................................... 13 4.05 Reference Points................................................................................................................ 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ............... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................28 6.11 Use of Site and Other Areas ........................ -.................................................................... 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection......................................................................................................... 29 6.14 Safety Representative......................................................................................................... 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies.......................................................................................................................31 6.17 Shop Drawings and Samples.............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 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. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims...............................................................................................................................42 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. Pageiu 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination...... 15.01 Owner May Suspend Work ..................... 15.02 Owner May Terminate for Cause ............. 15.03 Owner May Terminate For Convenience. 15.04 Contractor May Stop Work or Terminate .......... .......................................... I.-........... 60 .................................................................... 60 .................................................................... 60 ..................................... ....... I....................... 61 ..............................................I.."................. 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. Pa2eiv 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. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. face 2 of 62 i1i1 ' 0 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. Pugs 3 of 62 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. P:acc 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 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 roscrvod. Page S of 62 007105 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing 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. Pagel 1 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: The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 M 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 1 JCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required pen -nits 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 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 0072 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; 1 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. Vngr 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 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 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.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. 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 make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 — ^ 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable tune 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.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 i Engineer for snaking changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 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 U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 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: l . 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 U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 007205 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.0I .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 U' 2007 National Society of Professional Engineers for EJCDC,'. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright U 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. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. 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 EJC:DC:. 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 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 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. P�iLv 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.1)), 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 1 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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and I I.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 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 U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. page 46 of 62 00 72 o1 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 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: 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 where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0LA.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays 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 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 51 of 62 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: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 54 of 62 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 0! 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 007205 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final -Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 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: 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.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B 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): completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 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 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 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.A26 Add the following language at the end of the definition of Milestone: The completion dates for Milestones are defined in Section 00 52 10, Agreement Form. SC-1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when all Work is as shown in the Drawings is complete, including 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 193804595 00 73 05 - 1 SC-4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used, ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: l . 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,OOC Annual Aggregate $1,000,00C SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - 2 6. 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.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 0l ." SUPPLEMENTARY CONDITIONS 0 2019 Sfanfec 1 193804595 00 73 05 - 3 SC-6.17 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 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to Muse 01 Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - 4 b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - 5 e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintcnancc Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - b 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.B Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.13 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-1 1.01.A.5.c Delete Paragraph 1 1.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC-1 1.03 Delete paragraph 1 1.03.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. SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - 7 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." 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 accepled schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01 : 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - 8 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: (1) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804595 00 73 05 - 9 This Page Left Blank Intentionally SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates maybe accepted by the Owner in order and maybe used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Hydromulch Restoration: Restoration by hydromulch with seed in lieu of the Base Bid specified compost blanket blown with seed. B. Alt-ernoie_No. 2: Furnish and Install Site Furniture: Furnish the specified bench and labor necessary to install bench per manufacturer's instructions. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES 0 2019 Stantec 1 193804595 01 03 00 - 1 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2019 Jaycee Park & Playground Improvements for the City of New Hope, Minnesota, City Project No. 1026. B. Description of Work: Project consists of removal of playground container, and concrete walk; site grading, concrete walk, underdrain, concrete playground curb and ramp. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install bench. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner at all times. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Residents shall have access to all streets and driveways at all times. 2. Park areas outside of the project limits shall be available to the Public at all times. SUMMARY 0 2019 Stantec 1 193804595 01 10 00 - 1 3. Working Hours: The Contractor shall work only between 7 A.M. and 8 P.M., Monday through Friday, and between 9 A.M. and 6 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. 4. Haul routes shall be via Boone Avenue, 30t" Avenue North, and Independence Circle as indicated on the Drawings. Haul routes may not include other residential/neighborhood streets. 1.07 OTHER WORK AT SITE A. Contractor shall coordinate project scheduling, grading, paving and other pertinent construction elements with play equipment installation, which will be completed as a separate project and contract. In general, the play equipment installation shall require the following coordination and scheduling: 1. Play Equipment installation shall include components as manufactured by Flagship Structures. 2. Play equipment, geotextile fabric, and engineered wood fiber will be installed by others after the completion of this Project. 3. Contact Engineer for additional information about the play equipment installation. B. Allow private utility crews free access to the Site and a reasonable amount of time to complctc thcir work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY 0 2019 Stantec 1 193804595 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates maybe accepted by the Owner in any order and maybe used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 - Hydromulch Restoration - Add to Total Base Bid. 1. In general, the Work of Alternate No. 1 consists of all costs to furnish the materials and labor necessary to restore disturbed park areas with hydromulch with seed in lieu of base bid restoration method of compost blanket blown with seed. D. Alternate No. 2 - Furnish and Install Site Furniture - Add to Total Base Bid 1. In general, the Work of Alternate No. 2 consists of all costs to furnish the materials and labor necessary to install specified backed bench on concrete pad. Concrete pad installation included in Base Bid. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. PRICE AND PAYMENT PROCEDURES 0 2019 Stantec 1 193804595 01 20 00 - 1 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 0 2019 Stantec 1 193804595 01 20 00 - 2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. (Backyards) 5. Gas: CenterPoint Energy. b. Telephone/Cable/Fiber: Comcast, CenturyLink, Others. (Aerial or in Backyards) C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which maybe required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. PROJECT MANAGEMENT AND COORDINATION © 2019 Stantec 1 193804595 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. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions, 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.07 SPECIAL PROCEDURES A. All work is to be completed in 2019, as specified in the Agreement Form. B. All construction traffic to use the designated haul route as shown in the Drawings. C. Any additional costs associated with cold weather curing for concrete material will be the responsibility of the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2019 Stantec 1 193804595 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. Prepare schedules on 11 by 17-inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES 0 2019 Stantec 1 193804595 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 by 1 1-inch paper outlining 24-hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 by 1 1-inches. Non -legible copies will not be reviewed. C. Submit an electronic copy or a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each electronic or hard copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4-inch by 4-inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements offhe General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark-up. SUBMITTAL PROCEDURES © 2019 Stantec 1 193804595 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES 0 2019 Stantec 1 193804595 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 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. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS 0 2019 Stantec 1 193804595 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interprPtotion of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2019 Stantec 1 193804595 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction- B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 2. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. 3. No Bid Item has been provided for Traffic Control. a. This Project is expected to have minimal traffic control and therefore signage needed to protect on -street staging will be considered incidental to the Project. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 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 193804595 01 50 00 - 1 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MnMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. TEMPORARY FACILITIES AND CONTROLS 0 2019 Stantec 1 193804595 01 50 00 - 2 3.03 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers l . Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.04 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804595 01 50 00 - 3 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑ Yes ❑ No Do any devices need repair? ❑ Yes ❑ No Were all replaced or repaired? ❑ Yes ❑ No 2. Are any lights (flashers, etc.) not functioning? ❑ Yes ❑ No Were they all replaced or repaired ❑ Yes ❑ No 3. Are any devices improperly placed? ❑ Yes ❑ No Were all positions corrected? ❑ Yes ❑ No 4. Do any devices need cleaning? ❑ Yes ❑ No Where all devices cleaned? ❑ Yes ❑ No ADDITIONAL COMMENTS: The above check was completed by on: (date) at: (time) (name / title) ❑ AM ❑ PM SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80-percent partial payment will be made upon installation and 20- percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be in linear feet along the base of the fence, from outside to outside of the end posts for each section of fence. b. Inlet Protection: Measurement will be by each. Includes in -street and non -paved catch basin inlet protection. Each catch basin will receive payment for only one time during the Project Work, regardless of the protection prior to or after paving. c. Temporary Rock Construction Entrance: Measurement will be by weight in tons of material required to construct the entrance as shown on the Drawings or as directed by the Engineer. The use of onsite existing aggregate base or reclaim material shall be utilized for temporary access during construction and shall be incidental to the Project. This Bid Item shall only be used during extreme wet conditions where the larger rock is required. 3. No Bid Item has been provided for Water for Dust Control. Water used during construction is considered incidental. 4. All other Work and costs offhis 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804595 01 57 13 - 1 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. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01 31 00. 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. C. 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 prnpertiPs, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner nver the TEMPORARY EROSION AND SEDIMENT CONTROL 0 2019 Stantec 1 193804595 01 57 13 - 2 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. F. 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. PART 2 PRODUCTS 2.01 SILT FENCE: CONFORM TO MN DOT SPEC. 3886. A. Machine sliced (MS). 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and the following:2 inches minimum washed rock. 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. 2.03 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. 2.04 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. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2019 Stantec 1 193804595 01 57 13 - 3 2.06 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: l . Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. 3. Rock Log: a. Conform to MnDOT Spec. 3897.2.G. b. Rock 3/4 to 1-1 /2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: l . Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenferprises.net/) . 4. Rock filter as shown on the Drawings. 2.07 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. 2.08 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control. 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.09 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804595 01 57 13 - 4 2.10 FLOCCULANTS: CONFORM TO MN DOT SPEC. 3898. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location offemporary stormwater and sediment control devices maybe adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3.13 l . Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J-hook patterns to a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1 /4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804595 01 57 13 - 5 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. 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. Hydraulic Erosion Control Products l . 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 then 1:4: 2,800 Ihs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. 5. Type Bonded Fiber Matrix (BFM) a. Application Rate for Slopes less than 1:3: 3,000 Ibs per acre. b. Application Rate for Slopes between 1:3 and 1:2: 3,500 Ibs per acre. 2 applications shall be necessary. c. Application Rate for Slopes greater than 1:2: 4,500 Ibs per acre. 2 applications shall be necessary. G. 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. H. Storm Drain Inlet Protection l . Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, 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. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2019 Stantec 1 193804595 01 57 13 - 6 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. B. Maintenance: Conform to MnDOT Spec. 2573.3.K 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804595 01 57 13 - 7 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 offhe Work and closeout offhe 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 the sweeper is operating on site to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on Site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the Site. a. Contractor should anticipate multiple mobilizations to perform this Work. 2. All other Work and costs offhis 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. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. b. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used, PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS 0 2019 Stantec 1 193804595 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A, Mnintnin stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. EXECUTION REQUIREMENTS 0 2019 Stantec 1 193804595 01 70 00 - 2 E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholdin .tax@sfafe mn.us. END OF SECTION EXECUTION REQUIREMENTS 0 2019 Stantec 1 193804595 01 70 00 - 3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Tree: Measurement by each. Includes clearing and grubbing of trees as marked in field by Engineer. b. Remove Drain Tile Pipe: Measurement by the lineal foot of drain the pipe removed regardless of pipe depth, material and/or size. Removal of cleanouts is considered incidental to this Bid Item. c. Remove Large Park Sign. Payment by Lump Sum. Bid Item includes all Work to remove and dispose of existing "Jaycees Park" wooden sign, including footings, concrete pad, posts, and sign. d. Remove Bench. Payment by Each. Bid Item includes all Work to remove and dispose of existing bench, including footings. e. Salvage Sign: Payment shall be by Lump Sum. Bid Item includes all Work to salvage existing smaller signs, including removal and disposal of concrete base and/or footings, and removal and delivery of signs to New Hope Public Works. f. Remove Existing Play Container Retaining Wall: Per lineal foot of play container retaining wall without regard to height or footing depth. g. Remove Concrete Walk and Ramp: Per square yard of concrete walk/ramp/access removed as measured in field without regard to thickness of concrete. Removal of the resilient surfacing on the ramp is considered incidental to this bid item. 1) If rebar is discovered within the existing concrete, no additional payment will be provided for removal of shown concrete walk. h. Remove and Replace Concrete Curb and Gutter: Per lineal foot, regardless of type, and including adjacent bituminous pavement removal. 1) See Section 32 16 13 Curb and Gutters i. Remove and Replace Storm Casting qnd Frame with New HDPE Rings: Payment by the each. 1) See Section 33 05 17 Adiust Miscellaneous Structures SELECTIVE SITE DEMOLITION 0 2019 Stantec 1 193804595 0241 13-1 j. Bulkheading and abandoning of existing pipe will 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. 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. SELECTIVE SITE DEMOLITION 0 2019 Stantec 1 193804595 0241 13 - 2 B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced, unless otherwise described in the Drawings. 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. SELECTIVE SITE DEMOLITION 0 2019 Stantec 1 193804595 0241 13 - 3 Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. 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. 3.06 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction. 3.07 REMOVE CONCRETE SURFACING A. Work inckides sidewalks, pedestrian ramps, medians, and driveways. 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 6-inches maximum beyond and 8-inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new Work and 6-inches beyond the edge of new driveways). 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. 3.08 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3-feet of final surface elevation. 3.09 REMOVE EX. PLAY CONTAINER RETAINING WALL A. Dispose of materials off Site at a predetermined location. B. Remove wall in its entirety, including footings and tiebacks. SELECTIVE SITE DEMOLITION 0 2019 Stantec 1 193804595 0241 13 - 4 3.10 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT Spec. 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 all posts, and salvage 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. C. Fences 1. Protect Existing Private fences located on either side of park parcel 3.11 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. 3.12 DISPOSING OF MATERIAL A. Conform to MnDOT Spec. 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION 0 2019 Stantec 1 193804595 0241 13 - 5 This Page Left Blank Intentionally SECTION 12 92 00 SITE FURNISHINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. The work in this Section includes the furnishing all labor, equipment, materials, including anchorages and fittings, and performing all operations, including fabrication, delivery, and installation, required for Site Furnishings as shown in strict accordance with the Construction Drawings and as herein specified. B. Related Sections 1. Section 32 13 14 -Concrete Walks, Medians, Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for "Backed Bench." Measurement of the Bench is by Each. Payment is for providing fully installed, anchored bench in accordance with the Drawings and as specified herein. a. Installation of the Concrete Pad shall be paid under the "6 inch Concrete Pad" Bid Item. 1.03 REFERENCES A. Reference Standards: The following publications form a part of this Specification to the extent referenced. The publications are referenced in the text by basic designation only: 1. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.). 2. ASTM: American Society for Testing and Materials. 3. NBGQA: National Building Granite Quarries Association. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Coordinate installation with the representatives offhe other trades on Site and Owner's Representative to facilitate Work and avoid conflicts in construction sequence and Site furnishing and other construction. B. Scheduling 1. Prior to starting Work, submit for review by the Project Landscape Architect/Owner's Representative, and approval by the Owner, a schedule showing the commencement, order and completion date of the Work. 1.05 SUBMITTALS A. Submit all required items for approval before work is started. SITE FURNISHINGS © 2019 Stantec 1 193804595 12 92 00 - 1 Action Submittals 1. Product Data: For each stone type and each manufactured product shown on Drawings or specified. a. Product data submittals shall include physical property data for each stone type. 2. Shop Drawings a. General: For each item specified, provide information showing complete detail, location in the project, material and size of components, method of joining various components and assemblies, finish, and location, size and type of anchors. b. Mark items requiring field assembly for erection identification and furnish erection drawings and instruction. c. Provide templates and rough -in measurements as required. d. Show fabrication and installation details for stone. Include dimensions and profiles of stone units. 3. Samples a. Samples of selected color and finish for Benches. C. Informational Submittals 1. Certifications: Submit a letter of certification from the manufacturer, stating the material being furnished is the specified material and there are sufficient reserves available to supply the Project and furnish replacements if needed. 2. Qualification Statements: Submit qualifications data indicated under Quality Assurance for the following: a. Installer. b. Fabricator. D. Closeout Submittals 1. Warranty Documentation. 1.06 QUALITY ASSURANCE A. Regulatory Requirements l . Contractor shall obtain all permits and pay all required fees to any governmental agency having jurisdiction over the Work. Inspections required by ordinances during the course of construction shall be arranged as required. Notify Owner's Representative of the time of such inspections 48 hours prior. 2. When the Contract Documents call for materials, workmanship, or construction of a better quality, higher standard, or larger size that required by the above -mentioned rules and regulations, provide the quality and size required by the Contract Documents. 3. On completion of the Work, satisfactory evidence shall be furnished to the Owner's Representative to show all Work has been installed in accordance with the ordinances and code requirements. 4. The Contractor shall acquire the necessary right of way access permits that may be necessary for completion of the specified Work. B. Qualifications 1. Installer Qualifications: Engage experienced installer that has completed installation similar in material, design, and extent to that indicated for the Project. SITE FURNISHINGS © 2019 Stantec 1 193804595 12 92 00 - 2 1.07 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance 1. Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2. Products shall be delivered to Site in manufacturer's original, unopened containers and packaging. Notify Engineer a minimum of 5 days prior to delivery for inspection. 3. Contractor shall remove shipping materials as needed and inspect products for damage immediately upon delivery to the Site and coordinate inspection by Resident Engineer. B. Storage and Handling 1. Contractor shall repack and store products in a secure area and protect from damage and adverse environmental conditions. Storage subject to approval by Engineer. 2. Materials, products and finished shall be protected from damage during handling and installation. C. Waste Management and Disposal 1. Dispose of all waste generated from Site furnishing packaging and installation as required by local ordinances. 2. Any excess material is the property of the Contractor and shall be disposed of off Site. 3. Recycle all materials that are recyclable and dispose of all organic materials at composting facilities. 1.08 FIELD CONDITIONS A. Field Measurements: Verify actual locations of paving, walls and other construction contiguous with site furnishings by field measurements before fabrication and indicate measurements on Shop Drawings. 1.09 WARRANTY A. Manufacturer's Warranty: Submit manufacturer's standard limited warranty on all Site furnishing Bid Items. B. Installer Warranty: Installer shall warrant all site furnishing installation for a period of no less than 1 year, including fastener and anchorage failure. PART 2 PRODUCTS 2.01 MATERIAL A. 6' Backed Bench l . Manufacturer: Anova or approved equal. 2. Series Name: Ultra 6' Expanded Steel Contour Bench with Surface Mount. 3. Model Name: F1027. 4. Style: Backed, with end arms, without seat divider. 5. Metal Finish: Plastisol Fusion Coating. Color to be selected by Engineer from manufacturer's full range of Powdercoated Metal and Metallic color options. 6. Attachment: Surface Mount. 7. Attachment: Surface Mount. SITE FURNISHINGS © 2019 Stantec 1 193804595 12 92 00 - 3 8. Steel Pattern: Expanded. R. Size: 32 1 /4 inches H by 27 inches W by 79 3/8 inches L. 10. Supplier: Midwest Playscapes, Contact: Matt Finnegan, Ph. (952) 457 2950, softai187Qintegra n_t, 500 Pine Street, Suite 104, Chaska, MN 55318 www mi wet la sc om Miscellaneous Material 1. Anchoring Cement: Factory -packaged, non -shrink, non -staining, hydraulic -controlled expansion cement formulation for mixing with water at the Site to create pourable anchoring, patching, and grouting compound. 2. Anchor bolts, and other fastener components shall be stainless steel, ASTM A276, Type 304 and painted to match site furnishings. Proposed substitutions of other non- corrosive fasteners may be submitted to Owners Representative. PART 3 EXECUTION 3.01 EXAMINATION A. Field Measurements: The Contractor shall verify site conditions and dimensions shown on the Drawings. Notify Owner's Representative of any major differences, obstructions, or utilities thnt in anyway affect Site furnishing installation, B. The Contractor shall not work in unpaved areas, unless soil moisture is at field capacity or drier. C. Contractor shall verify with the electrical, irrigation, and other utility contractors the location of all sleeves have been installed prior. D. The Contractor shall be responsible for verifying the presence and location of all underground utilities and obstructions prior to excavation. Damage to utility lines, services, and other structures shall be repaired at the Contractor's expense. E. Examine surfaces indicated to receive the Site furnishing, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Do not proceed with installation until unsatisfactory conditions have been corrected. F. The Contractor shall inspect the correct and level finished grade, mounting surfaces, and other conditions affecting performance. Discrepancies, irregularities, etc. shall be brought to the attention of the Owner's Representative. 3.02 PREPARATION A. Where existing work and improvements are in place, cover, fence, and protect all such work and improvements from damage and soiling from construction operations. B. Contractor shall maintain and protect all temporary erosion control and tree protection on the Site from damage during construction operations. Any damage to existing structures, vegetation to remain, and erosion control shall be reported to the Owner's Representative immediately and corrected at no cost to the Owner. C. Remove debris and loose particles. Verify that all elements in this section "fit" within the locations provided as shown in the Drawings. SITE FURNISHINGS 0 2019 Stantec 1 193804595 12 92 00 - 4 D. Verify placement and alignment for all Site furnishings. E. If the condition of the existing facilities at the locations of the waste receptacles will not allow installation as indicated in the Drawings, contact the Engineer and provide proposed modification to the location or method of installation satisfactory to the Engineer. F. Unpack and assemble (as needed) and install items in accordance with manufacturer's printed instructions, unless otherwise specified or shown. G. Clean dirty or stained stone surfaces before setting 1. Scrub with fiber brushes, drench with clear water 2. Use mild cleaning compounds. 3. Do not use acids or wire brushes. 3.03 INSTALLATION A. General 1. Install items rigid, plumb, level and true to lines, levels and orientation shown in details and shop drawings. 2. Contractor shall take necessary measure to protect Site furnishings and existing work and surfaces from damage, marring or soiling during transport, handling, and installation. 3. Contractor shall transport, position, and install all Site furnishings as indicated in the Drawings and Specifications, and as approved by the Engineer. 4. Contractor shall permanently affix all Site furnishings to the ground. 3.04 FIELD QUALITY CONTROL A. After sweeping the surface clean, check final elevations for conformance to the Drawings and these Specifications. 3.05 CLEANING, REPAIR, AND RESTORATION A. All damage to Site from Site furnishing installation work must be repaired by the Contractor at no cost to the Owner. B. Soil, dust, or similar material brought into paved areas by work operations shall be removed promptly, keeping these areas clean at all times. C. Restore areas damaged during installation and construction period to their original condition or to desired new appearance so no evidence remains of correction work. D. Existing plants that are damaged by the Contractors operations will be appraised using the International Society of Arboriculture (ISA) guide. The Contractor shall be responsible for replacement, repair, and/or payment in damages in accordance with MnDOT 1712. E. Touch Ups: Touch up scratches and other blemishes in the powdercoat, paints and other finishes as per manufacturer's instructions. SITE FURNISHINGS 0 2019 Stantec 1 193804595 12 92 00 - 5 3.06 PROTECTION A. Contractor is responsible for protecting the installed furniture from damage, soiling, or staining during any additional construction operations conducted under this Contract at no additional cost to the Owner. B. Work related to the Site furnishings included in this Section shall not disturb or damage the surrounding landscape, including, but not limited to utilities, concrete work, landscaping, lawns, and other Site furnishings. Any damage caused by the work to the surrounding landscape must be replaced by this Contractor at no cost to the Owner. END OF SECTION SITE FURNISHINGS © 2019 Stantec 1 193804595 12 92 00 - 6 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. Related Sections l . Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 23 13 - Subgrade Preparation. 4. Section 32 92 00 - Turf and Grasses. 5. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Site Grading (LS). Measurement includes topsoil stripping, subgrade preparation, common excavation, grading, and final shaping. 3. A Bid Item has been provided for Select Granular Borrow - Play Container. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place within the play container as specified a. If the granular material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. b. Payment will include material and all required hauling, placement, grading, and compaction to install in place as specified. 4. A Bid Item has been provided for Loam Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 5. No Bid Item has been provided for Subgrade Excavation as it is not expected to be required for this project and is therefore incidental to the Project Base Bid. 6. No Bid Item has been provided for utility excavation. Excavation shall be incidental to the related Bid Item. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. EXCAVATION AND FILL 0 2019 Stantec 1 193804595 31 23 00 - 1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drnwincgs, 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Common Borrow: Conform to MnDOT Spec. 2105.2.13 1. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils which contain organics, contain debris or are potentially expansive (CH or MH per the Unified Soil Classification System). B. Select Granular Borrow Material: Conform to MnDOT Spec. 3149.2.B.2. EXCAVATION AND FILL © 2019 Stantec 1 193804595 31 23 00 - 2 C. Topsoil Material: Conform to MnDOT Spec 3877. 1. Loam Topsoil Borrow a. Material shall be screened and pulverized. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3.A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3.C, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATING OPERATIONS A. Conform to MnDOT Spec. 2105.3.D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12-inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3.1, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3.E. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3.F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the EXCAVATION AND FILL 0 2019 Stantec 1 193804595 31 23 00 - 3 Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3.H, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular harrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of select granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2019 Stantec 1 193804595 31 23 00 - 4 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. l . 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. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement offhe concrete curb and gutter. B. Complete subgrade for inside play container and concrete walks immediately after installation of pipe as part of trench backfill and compaction. C. Subgrade preparation shall be performed prior to placement of the bituminous/aggregate base course in street patching areas. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION 0 2019 Stantec 1 193804595 31 23 13 - 1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 COMPACTION A. Conform to MnDOT Spec. 2105.3.F, or as modified herein. 1. This project shall utilitze Quality Compaction. Notification of Field Engineer to review subgrade is required before continuing to next project steps. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method if deemed necessary by Field Engineer. a. Payment for any Nuclear density tests shall be paid for by Owner using a third party testing agency. 3.03 FINISH OPERATIONS A. Subgrade tolerclnce. shall canfarm to MnDOT Spec. 2105.3.H, or as modified below. 1. Not vary by more than 0.05-feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION 0 2019 Stantec 1 193804595 31 23 13 - 2 SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for street construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric - Walk and Pad. Measurement will be based upon units of square foot of actual surface area covered by Geotextile Fabric, Type 5 Non -Woven placed under new concrete walk and pedestrian ramp. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. 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. 3733 - Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type(s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2019 Stantec 1 193804595 31 32 19 - 1 PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type V (non - woven), except as modified below: 1. Materials: The fabric installed on top of the road subgrade shall consist of a polypropylene or polyester filament or yarn, non -woven, needle punched. The fabric shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Spec. Test Method Value Grab Tensile Strength ASTM D4632 200 either principal direction, lbs. Grab Tensile ASTM D4632 50 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 70-Percent Retained* Burst Strength ASTM D3786 400 p.s.i., min. (Diaphragm Method) Trapezoid Shear ASTM D4553 80 Strength, lbs. min. (any direction) Puncture Strength ASTM D4833 130 lbs., min. Permittivity (sec-1) ASTM D4491 1.5 Flow Rate ASTM D4491 95 Gal./Min./ft? Minimum Fabric Weight 8 oz/sy AOS (U.S. Sieve) ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355. PART 3 PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31 23 00. B. Subgrade Preparation: Conform to the requirements of Section 31 23 13. Subgrade shall be toleranced and approved before geotextile placement. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION 0 2019 Stantec 1 193804595 31 32 19 - 2 3.02 INSTALLATION A. Conform to MnDOT Spec. 3733.2A except as modified below. B. Place geotextile immediately ahead of the covering operation 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. C. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. D. Secure fabric in place by means of stone weights to prevent displacement. E. If geotextile is torn or punctured, the damaged area shall be repaired or replaced 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used- B. Aggregate base shall not be dropped on the fabric from a height greater than 3 feet l . Place a minimum of 8 inches of granular borrow on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION 0 2019 Stantec 1 193804595 31 32 19 - 3 This Page Left Blank Intentionally SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 3138 -Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems as witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. AGGREGATE BASE COURSES 0 2019 Stantec 1 193804595 32 1 1 23-1 PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3. 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100-Percent Standard Proctor Density. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving- C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES 0 2019 Stantec 1 193804595 3211 23 - 2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.4 and 2360.5, except as modified herein. 2. No Bid Item has been provided for Bituminous Material for Tack Coat. a. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is incidental. b. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non -wearing and wearing course placement is considered incidental to the placement of the non -wearing course. 3. A Bid Item has been provided for Bituminous Roadway Patch. This Bid Item is for patching street in front of remove and replaced curb and gutter. The depth of the bituminous patch shall match the existing depth of the pavement in that area. Saw cutting, preparation and addition of aggregate base as directed by engineer, compaction, bituminous material and tack coat for the patch is considered incidental to the bid Item. a. Measured by the square yards of material placed and accepted. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2018. b. The Bid Unit Price includes bituminous patching mix (2,C) (approximately 4-inch depth expected in total and asphalt binder material. c. Partial payment will not exceed 70-percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 4. All other Work and costs offhis 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.) FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804595 32 1201 -1 2018 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated. A copy can be found at httpJ/www.dot.state.mn.us/rare-letting/spec/2018/"2018-spec-book-finol,p-df a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2357 - Bituminous Tack Coat. 2535 - Bituminous Curb. 3139 - Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 3305 17. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form. 1. Patching -Wearing Course - SPWEA240C. B. Conform to MnDOT Section 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. D. Mixture Quality Management: Conform to MnDOT Spec. 2360.2G.1 Quality Control and 2360.2.G.2 Quality Assurance, except as modified herein. 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804595 32 12 01 -2 for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for TSR, Aggregate Specific Gravity, and Asphalt Binder Content, 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.10 and 2360.11 a. A verification sample will betaken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non -Wear Course 1. Final cleanup of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. Forjoint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2-foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3.A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees F or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Spec. 2360.3.B. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804595 32 12 01 - 3 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. C. Equipment: Conform to MnDOT Spec. 2360.3.B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3.C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3.D (Table 2357-2). 2. Along the front edge of the concrete curb and gutter, prior to placement of both bituminous base and wearing course. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Spec. 2360.3.D.2 - Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2019 Stantec 1 193804595 32 1201 - 4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, pedestrian ramps and concrete 4 inch ramp into play container. B. Related Sections l . Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 1. Section 32 12 01 - Flexible Paving (Municipal Project). 2. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 6 inch Concrete Pedestrian Ramp. Measurement shall be the area in square feet of actually constructed ramp. a. Measurement of ramp shall not include adjacent concrete curb and gutter. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 31 23 00. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. 2. A Bid Item has been provided for the Truncated Domes. Measurement shall be on the basis of square feet of Truncated Dome Surface actually furnished and installed a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 3. A Bid Item for 4 Inch Concrete Sidewalk Ramp - Playground and 6 Inch Concrete Walk have been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2019 Stantec 1 193804595 32 13 14 - 1 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk Ramp is considered incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 -Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3753-Type 1-D Membrane Curing Compound. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2019 Stantec 1 193804595 32 13 14 - 2 PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk, Pad, and Ramps 1) Manual Placement Mix No. 3F52A. 2) Slip Form Placement Mix No. 3F32A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Aggregated Base: Conforming to Section 32 11 23. E. Truncated Dome Panels: Approved products. 1. East Jordan Iron Works - Cast Iron, Powder coated - Charcoal Grey. 2. Neenah Foundry Company- Cast Iron, Powder coated -Charcoal Grey. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway, pad, pedestrian ramp and concrete ramp in playground container at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Construct concrete curb ramp to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2019 Stantec 1 193804595 32 13 14 - 3 G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. H. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 11 23 or Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 221 1.3C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3C. 3.04 JOINT CONSTRUCTION A Conform to MnDOT Spec. 2521.3D.2, except as modified herein 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2-inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3D and 2531.3D for slip form or 2531.31 for manual placement, except as modified herein l . Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1 /8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. Pedestrian Curb Ramp - Truncated Dome l . Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6-inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2-inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7038A or current revision for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4-inch in width. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2019 Stantec 1 193804595 32 13 14 - 4 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3G and 2521.3.G.1.a (Membrane Curing Method), except as modified herein 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3.G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. b. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3.H, except as modified herein 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2019 Stantec 1 193804595 32 13 14 - 5 This Page Left Blank Intentionally SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Bid Items have been provided for Concrete Playground Curb. Measurement of curb shall be by the lineal foot measured along the face of the curb. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. a. No separate measurement or payment for modifications at curb ramps, transition sections, or curb depressions at driveway aprons. 2. Bid Items have been provided for Remove and Replace Concrete Curb & Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line, regardless of curb type. Payment shall include sawcutting existing concrete curb, excavation, appropriate removal of concrete off -site, materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Payment shall include removal of adjacent bituminous pavement associated to curb removal. Measurement shall not include frames/castings that are located along the face of the curb. a. Curb type shall match existing. b. No separate measurement or payment for modifications at curb ramps or transition sections. 3. All other Work and costs of this Section shall be incidental tof he Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. CURBS AND GUTTERS 0 2019 Stantec 1 193804595 32 16 13 - 1 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 7. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. PART 2 PRODUCTS 2,01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein l . Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter a. Manual Placement Mix No. 31`52C. b. Slip Form Placement Mix No. 3F32C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. CURBS AND GUTTERS 0 2019 Stantec 1 193804595 3216 13 - 2 C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the.concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base. 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3.6. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.31', except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2-inch coverage on all sides a. Placement at catch basins conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3.G and 2531.3.G.1.a (Membrane Curing Method), except as modified herein. CURBS AND GUTTERS 0 2019 Stantec 1 193804595 32 16 13 - 3 I . All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees F during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3.G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3.H, except as modified herein 1. Initial Backfilling a. Follow the 72-hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3-feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3.1, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2019 Stantec 1 193804595 3216 13 - 4 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Erosion Control Compost Blanket - Blown with Seed. Measurement will be based upon units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, and all correlated activity to pneumatically install Erosion Control Compost Blanket with Seed. Maintenance and watering shall be incidental to this Bid Item. 2. A Bid Item has been provided for Topsoil Borrow, MnDOT 3877.2B (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 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. 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. Compost sample complying with all local, state, and federal regulations, along with a certificate of compliance. Test results can be submitted using the US Composting Council Seal of Testing Assurance Program. C. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. TURF AND GRASSES © 2019 Stantec 1 193804595 32 92 00 - 1 D. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3-years documented experience as represented by a list of completed past projects. E. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. F. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. G. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. H. Label from soil moisture amendment product utilized 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for seeding 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. PART 2 PRODUCTS 2.01 TOPSOIL: CONFORM TO MNDOT SPEC. 3877.2E LOAM TOPSOIL BORROW. A. All topsoil shall be screened and pulverized. TURF AND GRASSES 0 2019 Stantec 1 193804595 32 92 00 - 2 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24-percent nitrogen, 12-percent phosphoric acid, and 24-percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SEED: CONFORM TO MIN DOT SPEC. 3876. A. Residential Lawns: Conform to MnDOT Mixture 25-151. 2.04 EROSION CONTROL COMPOST BLANKET A. Grade 2, weed -free compost. B. Compost to be derived from a well -decomposed source of leaf, grass and wood feedstock. C. Produced using an aerobic composting process meeting CFR 503 regulations, including time and temperature data indicating effective weed seed, pathogen and insect larvae kill. D. Free of any refuse, contaminants or other materials toxic to plant growth- E. Non -composted products are not acceptable. F. Particle size for pneumatically applied blanket cover shall pass a 19mm (0.75 inch) sieve, in accordance with TMECC 02.02-B, "Sampling Sieving for Aggregate Size Classification." PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. TURF AND GRASSES © 2019 Stantec 1 193804595 32 92 00 - 3 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 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: Confirm to Mnr)OT 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. ff.). 2. The fertilizer used shall be a commercial grade slow release camplefe fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 EROSION CONTROL COMPOST BLANKET- BLOWN WITH SEED INSTALLATION A. Seeding Dates: Conform to Table 2 in the 2014 MnDOT Seeding Manual and MnDOT Spec. 2575: 1. Spring: April 1 -June 1. 2. Fall: July 20 - September 20. 3. Deviations in planting schedule will be at the approval of the Engineer. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25-151 seed mix, apply seed at a rate of 120 lbs. per acre. C. Compost Blanket shall be pneumatically applied with blower equipment in a non - compacted layer. 1. Thickness: 2 inches. 2. Injection seeded and fertilized during the process of compost application. 3. Install compost blanket in 1 lift. 4. Application rate: 1 inch of compost equals approximately 135 cubic yards of compost material per acre of application area. a. Contractor shall supply truck load tickets to verify application rate. 3.05 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. Table 2575-1 for the mixes specified. TURF AND GRASSES 0 2019 Stantec 1 193804595 32 92 00 - 4 B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Compost Blanket shall be pneumatically applied with blower equipment in a non - compacted layer. 1. Thickness: 2 inches. 2. Injection seeded and fertilized during the process of compost application. 3. Install compost blanket in 1 lift. 4. Application rate: 1 inch of compost equals approximately 135 cubic yards of compost material per acre of application area. a. Contractor shall supply truck load tickets to verify application rate. 3.06 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.07 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. 3.08 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 some requirements of the original work. C. Any seeded areas that do not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. E. Watering of seeded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. TURF AND GRASSES 0 2019 Stantec 1 193804595 32 92 00 - 5 3.09 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. 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 beat 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 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES 0 2019 Stantec 1 193804595 32 92 00 - 6 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 4. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. American Society of Testing Materials (ASTM) l . C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: l . Product Data for each Borrow Material: a. Name and location of source. TRENCHING AND BACKFILLING 0 2019 Stantec 1 193804595 33 05 05 - 1 b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1 /2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. TRENCHING AND BACKFILLING 0 2019 Stantec 1 193804595 33 05 05 - 2 PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe. 1. Comply with MnDOT Spec. 3149.2131 for granular borrow. a. Noon the Site granular material encountered during construction maybe used without the permission of the Engineer. b. 1-inch maximum aggregate size. 2.02 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.2H 2.03 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. TRENCHING AND BACKFILLING 0 2019 Stantec 1 193804595 33 05 05 - 3 G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100-Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100-Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom l . Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular TRENCHING AND BACKFILLING 0 2019 Stantec 1 193804595 33 05 05 - 4 care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6-inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material, TRENCHING AND BACKFILLING © 2019 Stantec 1 193804595 33 05 05 - 5 B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING 0 2019 Stantec 1 193804595 33 05 05 - b SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. None 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. 2. Remove and Replace Storm Casting and Frame with New HDPE Rings: Per Each. Payment includes all work and materials associated with removing the existing casting and all adjustment rings, installing new HDPE rings, installing new casting, placing filter fabric, adjustments and all other incidentals for removing and installing the new casting and rings. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. ASTM A48 - Specification for Gray Iron Casting. 2. ASTM A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. ASTM C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4. ASTM C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar) . 5. ASTM C 150 -Specification for Portland Cement (Concrete Rings/Mortar). 6. ASTM C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. ASTM D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. ASTM F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. ASTM F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. ADJUST MISCELLANEOUS STRUCTURES 0 2019 Stantec 1 193804595 3305 17 - 1 1.04 DEFINITIONS A. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. High -Density Polyethylene (HDPE) 1. Molded high -density polyethylene conforming to ASTM D1248. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1-part cement to 3-parts mortar sand; lime may be added to mixture: maximum amount 15-percent by volume. C. Sealant (For HDPE Rings) 1. DOW 999 — A building caulking and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers l . Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: Per details on Drawing. 2.04 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. ADJUST MISCELLANEOUS STRUCTURES 0 2019 Stantec 1 193804595 3305 17 - 2 PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. The frame shall be raised or lowered to match the street or gutter. C. Protect existing structures from damage. D. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adiustina rinas as ner the followina: Location of Sealant Type of Sealant Between casting and last ring: 3/4-inch by 3/4-inch open cell polyurethane foam sealant and 1/2-inch bead of DOW 999 Between intermediate rings: 1/2-inch bead of DOW 999 Between cone/top slab and first ring: 3/4-inch by 3/4-inch open cell polyurethane foam sealant and 1/2-inch bead of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. 6. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18-inches of the cone. 3.04 REMOVE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Remove and dispose of frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Section 3.03 - Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road and concrete curb and gutter to match existing. ADJUST MISCELLANEOUS STRUCTURES 0 2019 Stantec 1 193804595 3305 17 - 3 E. Dispose of removed material off Site. 3.05 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8-inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1 /8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard HDPE adjustment rings of the some size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4-inch with a maximum allowable thickness of 1/2-inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES 0 2019 Stantec 1 193804595 33 05 17 - 4 SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . A Bid Item has been provided for 4 Inch PVC Perforated Drain Tile Special, Wrapped in Rock and Fabric. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile fabric, aggregate, and fittings as indicated on the Drawings. 2. A Bid Item has been provided for Connect Drain Tile to Structure (Core Drill). Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer structure, making the connection, and patching as specified. 3. A Bid Item has been provided for 4 Inch PVC Perforated Drain Tile, With Sock. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, sock, aggregate, fittings, and connection to existing draintile. 4. A Bid Item has been provided for 4 Inch PVC Non -Perforated Drain Tile. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, aggregate, fittings, and connection to existing draintile. 5. A Bid Item has been provided for 4 Inch PVC Drain Tile Cleanout. Measurement will be by each by size installed. Payment shall include pipe, fittings, and cap as specified. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) l . D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. M252 - Corrugated Polyethylene Drainage Tubing. SUBDRAINAGE 0 2019 Stantec 1 193804595 33 46 00 - 1 C. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to Schedule 40. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1 . 2.05 CLEANOUT A. Conform to the detail on the Drawings. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. SUBDRAINAGE 0 2019 Stantec 1 193804595 33 46 00 - 2 C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Install Cleanout on upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to existing structures. I. Compaction: Conform to Section 33 05 05. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION SUBDRAINAGE 0 2019 Stantec 1 193804595 33 46 00 - 3 This Page Left Blank Intentionally ACaRhV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 04/26!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 endorsement(s). PRODUCER CONTACTMichele Miller North Risk Partners - Bearence PHDN£ (651)379-7800 (651)379-7801 AIC No Ext • AIC, Nv r-MAIL michele.milleF@northriskpartners,com 201 D Centre Pointe Blvd. INSURER(S) AFFORDING COVERAGE NAIC # Mendota Heights MN 55120 INSURER A: Charter Oak Fire Ins Co, 25615 INSURED INSURER B : Travelers Indemnity CO Of Connecticut 25682 Sunraln Construction, Inc, INSURER C : Travelers Property Casualty Co of America 25674 20010 75th Avenue North INSURER D : Evanston Insurance 35378 INSURER E : ACE American Ins Co Corcoran MN 55340-9459 INSURERF: COVERAGES CERTIFICATE NUMBER: 19.20 All Lines REVISION NUMBER: THIS IS TO CERTIFY T'HA1' THE: POLICIES OF INSURANCE LIS I'ED BELOW I(AVI:: BF EN ISSUED TO THE INSURED NAMED ABOVE: FOR TI•IE POLICY PERIOD INDICATED. NOTWTHSTANDING 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. LTA TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYYI LmmloofyyyylLIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,DOO,000 ® 300,ODO CLAIMS -MADE OCCUR PRLMiSES Ea a=rrence $ MED FXP ny one person', $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 A DT-CO-162D6664-COF 04/01/2019 04/01/2020 LAGGRE.GATE. LIMI I APPLIES PER, GENERAL AGGREGATE $ 2.000,000 PRO- JECT I.00 M $ 2,000,000 PRODUCTS-COMPiOP.AGG OTHER® OTHER: $ AUTOMOBILE LIABILITY O . Du1MrU3t. CtinT 5) IF&x $ 1.000,000 BODILY INJURY (Per person) $ ANY AUTO B OWNED SCHEDULED A-1'ro5 ONLYHAll TOS 81MM808131-TCT 04/01/2019 04/01/2020 BODILY INJURY (Per acrident) $ x HIRED NON -OWNED $ RG E Dl14I Peracudenf AUTOS ONLY AUTOS ONLY $ X UMBRELLA LIAB >(, OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE C EXCESS LIAB CLAIMS -MADE CUP2J181308 04/01/2019 04/01/2020 S 5,DOO,000 DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION X R O - AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 D ANY PRORRIETORI C� NIA 3EN8749(E.L.) 04/01;2019 04i01/2o20 E.L DISEASE - EA EMPLOYEE $ 2.000,000 EXCLUDftiEXEOUTIVE OFFICER/MEMBER EXCLUDED'? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 Pollution Liability E G71170524 001 08117/2015 08/17/2019 Aggregate Limit 6,000,000 Occurrence LLimit 3,D00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project #193804595, City Project #1026, City of New Hope, Minnesota - 2019 Jaycee Park and Playground Improvements. Certificate holder and all others required by written contract are included as an Additional Insured in regard to the General Liability where required by written contract on a primary and non contributory basis including completed operations. Blanket Additional Insured applies to the Auto Liability when required by written contract. Blanket Waiver of Subnogation applies to the General Liability, Auto Liability, Work Comp and Umbrella policies when required by written contract, Umbrella is follow form of the General Liability, Auto Liability and Work Comp policies, 1. ANk t!LLA I R_)N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Stantec ACCORDANCE WITH THE POLICY PROVISIONS, 733 Marquette Ave., Suite 1000 AUTHORIZED REPRESENTATIVE Minneapolis MN 55402 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD N D m rn In lA QI tx tw N Q O u O Z O O O r_ ti Q Z M � V c to Z M Ln '+�' °o Q Z +� m a0i > > Z U = °� U v C 4-1 J +N+ '7 + 00 'a Ln I\ .a — W N r- cL6 +�+ N O i O co i O M p, O O to N tU � 0 > � u Q 4O ti❑ 'u - O u Q NQ v c oN U D0. U Z Z O H v V E E o cu L Z N L u "t a)O c O y to O Z to Ln Ln U mQ L- U o (U ON � 0 E Q Z H Ln M 4-1 rl O N O O NM �O c❑a N C N a N O uj > O O (n O m CO N Z I� 0\0 —_ CD C v N � O •� t u J 0 N O tall U D m L.L. LL w Z U LL N N 0 .� 0 N LO U N O U O Ln in O u N U O u ° Z 0 g p a Z Z o O o O ° N �_ H OL L. O i O U C_ U Q Ln L O m m C: U Ln V L 7 � {� a y O m U cu O W U O Q C N Ln O m ttn 0 p 41 o Z U in O C N a5 m 0 p a (U 1 co txo E — o Z O +� c � U a �41 p c � �_ bo Lnb E c L: uLo m m a a L O O C O 011 ON O, O O 0 O 0° i o o w O O 000 �A C *A •— u N L.L N 4) 0 co r 0 n w .o E ai n L EJcT)C-; ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 SECTION 00610 PERFORMANCE BOND SURETY (name and address ofprincipal place ofbusiness): United Fire & Casualty Company 118 2nd Ave. SE Cedar Rapids, IA 52407 OWNER (name and address): City of New Hope 4401 Xylon Avenue North New Hope, MN CONSTRUCTION CONTRACT Effective Date of the Agreement: April 22, 2019 Amount:Sixty-six Thousand Seven Hundred Forty-five And No/100 ($66,745.00) Description (name and location): 2019 Jaycee Park and Playground Improvements, City Project No. 1026, New Hope, MN. BOND Bond Number: 54 2 2 4.94 3 Date (not earlier than the E,/fectNe Date of the Agreement of the Construction Contract): Apr 1 26, 2019 Amount: Sixty- six Thousand Seven Hundred Forty-five And No/100 ($66,745.00) Modifications to this Bond Form: xS None 7 See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINC1iPAL Sunram Construction, Inc. (seal) Contractor's Name and Corporate Seal By: \ ri (1 �1�RA(I , r 1 Signature LP.o S'irNLam Print Name Y Title / } Signature Akrre:-r'CI Title SURETY United Fire & Casualty Company (seal) Surety's Na e and Corporate Seal Signature iaclr poTver of attorney) Nicole M. Coty Print Name Attorney-i -Fact Title /� Attest: Signature Title Notes: (1) Provide supplemental execution by any additional partles, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or otl►er party shall be considered plural where applicable. EJCDCB C-610, Performance Bond Copyrights 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00610 - 1 EXDC; ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable thne to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. if the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDCO C-610, Performance Bond Copyright® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00610 - 2 EJCDCM ENGINEERS JOINT CONTRACT DDCIIMFNTS CDMMMEF 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefro►n and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, 14.5 Contract Documents: All the documents that comprise the agreement b6tveen the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, 16. Modifications to this Bond are as follows: EJCDC@ C-610, Performance Bond Copyright 02013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00610 - 3 EJC C ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE SECTION 00615 PAYMENT BOND CONTRACTOR (name and address): Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 OWNER (name and address): City of New Hope 4401 Xylon Avenue North New Hope, MN CONSTRUCTION CONTRACT SURETY (name and address ofprincipal place ofbusirtess): United Fire & Casualty Company 118 2nd Ave. SE Cedar Rapids, IA 52407 Effective Date of the Agreement: April 22, 2019 Amount: sixty-six Thousand Seven Hundred Forty-five And No/100 ($66,745.00) Description (name and location): 2019 Jaycee Park and Playground Improvements, City Project No. 1026, New Hope, MN. BOND Bond Number: 54224943 Date (not earlier than the Effective Date of the A reentent of the Construction Contract): Apri 1 26, 2019 Amount: Sixty-six Thousand Seven Hunlred Forty-five And No/100 ($56,745.00) Modifications to this Bond Form: X❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Sunram Construction, Inc. (seal) Contractor's Name and Corporate Seal By: Signature 1_a. S yr w-C'm Print Name Title Attest: +YJ�,� -.S; llLm-t-4 Signature Title SURETY United Fire & Casualty Company (seal) Surety's Na a and Corporate Seal By: Signature attach poTver of Worm),) � Nicole M. Coty Print Name Attorney -in -Fact Title Attest; Signature Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or outer party shall be considered phrral Tvhere applicable. EJCDC@ C-615, Payment Bond Copyright 02013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Clvil Engineers. All rights reserved. 00615 - 1 LJCDUN ENGINEERS JOINT CONTRACT DOGUMENT3 COMMITTEE 1. The Contractor and Surety, jointly and severally, bhrd themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, witlT a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. It however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12, No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a EJCDCO C-615, Payment Bond Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00615 - 2 P-JJC DC: ENGINEERS JOINT CONTRACT n6CI1MFNTS nOMMITT r Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, 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 Construction Contract, whichever of (1) or (2) first occurs. If the provisions of tlus paragraph are void or prohibited by law, (lie minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13• Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation hi the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the 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. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC@ C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00615 - 3 CORPORATE ACKNOWLEDGMENT STATE OF MINIViSOi A COUNTY OF I-)E:.N;'4Lr,jl\11, On the 2-'1P day of AM l L ZL"l tJ before me personally appeared , LEr to me, who being duly sworn, did depose and say: that s/he resides in &0 kM)L S07A that s/he is the PfZES) 0EPiT of the sunram Construction, Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. (SI=ANNETrEIE SHIERTSUBLIC Notary Public NESOTAN EXPIRES1, 2020 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 26th day of April 1 2019 before me personally appeared, Nicole M. Coty to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or 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 as 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 f said corporation (SEAL), Notary PLINic PAfRiCotIA fty' public Notary Public lulu Alin'flesota �+mr.IssiOn kx res Jaliva 31,7020 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLrN, CA Cedar Rapids, IA 52401 MfgInj 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 NICOLE M. COTY, PATRICIA M. ROWAN, EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and otherobligatory unstruments of similar nature provided -that no single obligation shall exceed $15 , 0.00., 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 shall -:expire the 21 st day of November, 2019 unless sooner revoked by United'Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Indertaakings" 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 attonney 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 havefull 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. +eL+illl i +i +�,�IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its +� +tt i� rprrrr �tN .e++nnumiRrry4r -`�y,. wra�'iei• '+rorr+�4 asaGsgtC �H8Gq�, vice president and its corporate seal to be hereto affixed this 21 St day of November , 2017 $-q CORPORATE 'S `aQ, CORPORATE 9,? = � 'xE ULY2p :fie UNITED FIRE & CASUALTY COMPANY "" y ssA1. "=Vw SEAL .55 9B6 '- UNITED FIRE & INDEMNITY COMPANY °rar•xrrxli*;.ti`' -yam �. FINANCIAL PACIFIC INSURANCE COMPANY hON 1;nn++ "mirinnim+' BYL State of Iowa, County of Lnn, ss Vice President On 21st day of November 2017, before me personally came nennla J. Richimann to me known, who being by me duly sw=,.did depose and say; that -he resides .in Cedar Rupids, State of Iowa; that heu a Vice President ofVnited 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. µa Patti N Waddell Oaw�,Notaty Iowa Notarial sealCommission number 713274 Public or• My Commission Expires 10/26/2019 My commission expires: 10/26/2019 1, Mary A. -Bertsch, Assistant Secretary ofUrvted Fire & Casualty Company and Assistant Secreta y:of United Fire & Indenmity.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 connect 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 test to whereof I have °here to su nerihed my name and affixed the corporate seal of the said Corporations this day of r 20 urunrGrrr7r ialrq,� �•r�se :o ^ ,:�+ thp's- = gt•.`PPPOItfT,CA`r: CORPORATE e Y +w CORPORATE F; 2 SLILYBy: j • SEAC r^ 57 SEAL yp� sga sue,•''�''O�-Ts - Assistant Secretary, �•rkArrYf' p'}, ��Ii �1 f 1t} ��' "'+y .GFA �.�` - ryrrtniR+�p'1 rrnrnatt++" °r+r<+r+iinn++++' UF&C & OF&I & FPIC BPOA0045 122017 This paper has a colored background and void pantograph.