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IP #1027
PROJECT NO. 1027 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) - $310,000 Res. 2019-121 11/25/19 Resolution approving plans and specifications and authorizing bids for the 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) Res. 2020-22 2/10/20 Resolution awarding a contract to G.F. Jedlicki, Inc. for $339,906.00 for the 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) Res. 2020-60 5/26/20 Resolution approving Change Order No. 1 for G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) Res. 2021-77 07/26/21 Resolution approving final payment of $21,068.91 to G.F. Jedlicki, Inc. for the 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) Request for Action July 26, 2021 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution approving final payment of $21,068.91 to G.F. Jedlicki, Inc. for the 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) Requested Action Staff recommends approval of a resolution to accept the 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) and authorize final payment to G.F. Jedlicki, Inc. in the amount of $21,068.91. All of the necessary paperwork has been provided by the contractor. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The replacement of the watermain on Winnetka Avenue between 27th and 29th avenues was identified on the city's 2020 CIP. The City Council awarded a construction contract to G.F. Jedlicki, Inc. at the February 10, 2020 council meeting in the amount of $339,906. The existing watermain was pipe bursted, a process that involved demolishing the pipe in place by boring through the pipe. A new water main was bored in the same place as the demolished watermain. A change order for $13,818.61 was awarded on May 26, 2020 for additional costs associated with Covid-19 and county permitting, resulting in a revised construction amount was $353,724.61. The Final construction amount is $421,378,12, or $67,653.51 over the revised contract amount. The overrun was primarily in sidewalk and pavement removal and replacement quantity items as a result of larger boring and retrieval pits, utilities not being located where shown on record plans or marked in the field, the condition of the existing pavement and sidewalk, trench safety, and spot checks on gas main crossings. Staff reviewed anticipated overages with the Council in May 2020, and the water fund has adequate funding to cover the overages. It should be noted that the final restoration costs were around $128,500 on the project. However, if the city had placed the new water main by open cut methods and reconstructed the road, the restoration costs would have been around $321,700. Funding The 2020 CIP had budgeted $400,000 in water utility improvements for this project. When the overages were discussed in May 2020, AEM provided a memo indicating the water fund having adequate cash flow and funding to cover the anticipated $70,000 in overages. The city was reimbursed $7,470 from Crystal, $6,860 from Golden Valley, and $6,701.02 from CenterPoint Energy for construction related costs on this project. I:\RFA\PUBWORKS\2020\Council\1027 Winnetka WM Award Contract\1027 Q&RFinal Payment\8.2 Q R 1027 Final Payment Winnetka Watermain.docx Attachments • Resolution • City Engineer Letter • Final Pay Request and documents • AEM Memo City of New Hope Resolution No. 21- 7 7 Resolution approving final payment of $21,068.91 to G.F. Jedlicki, Inc. for the 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) WHEREAS, city staff identified the need for the replacement of the water main on Winnetka Avenue between 27th and 29th avenues; and WHEREAS, the water main improvements in this area are identified to follow pavement management strategy adopted by Council; and WHEREAS, the city has entered into a contract with G.F. Jedlicki Inc. for the Winnetka Watermain Replacement project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept Improvement Project No. 1027 and approve final payment to G.F. Jedlicki Inc. in the amount of $21,068.91; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to G.F. Jedlicki Inc. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the 2020 Winnetka Watermain Replacement project from G.F. Jedlicki Inc. 2. That the city manager is hereby directed to authorize the final payment in the amount of $21,068.91 Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 2611 day of July, 2021. ,::;: I a- � �/('f 0 V k Mayor Attest: fatL4-U.4� City Clerk Stantec Consulting Services Inc. Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 July 19, 2021 File: 193804886 Attention: Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Bernie, Reference: Final Payment Request No. 3 & Final — 2020 Winnetka Watermain Improvements City Project No. 1027 Enclosed find Payment Request No. 3 & Final for the above referenced project. The contractor, G.F. Jedlicki, Inc. completed the work in accordance with the contract plans and specifications and has submitted all closeout documents. Therefore, it is recommended that final payment of $21,068.91 be made, and the City of New Hope accepts the project. The Final Construction Amount is $421,378.12, or $67,653.51 over the Revised Contract Amount of $353,724.61. The overrun was primarily in sidewalk and pavement removal and replacement quantity items as a result of larger boring and retrieval pits, utilities not being located where shown on record plans or marked in the field, the condition of the existing pavement and sidewalk, trench safety, and spot checks on gas main crossings. Staff reviewed anticipated overages with the Council in May 2020. It should be noted that the final restoration costs were around $128,500 on the project. However, if we had placed the new water main by open cut methods and reconstructed the road, the restoration costs would have been around $321,700. We recommend the City continue to evaluate pipe bursting and other non -trench construction methods for replacing watermain when appropriate due to these types of cost savings. If you have any questions or require further information, please call me at (612) 712-2021. Regards, Stantec Consulting Services Inc. Dan D. boyum, P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments: Pay Request No. 3 & Final and IC-134 Forms c. Kirk McDonald, Valerie Leone, Dave Lemke, Matt Rowedder, Shawn Markham, Andrew Kramer, Megan Hedstrom - New Hope; Stacy Woods - City Attorney; Ann Dienhart, Lucas Miller - Stantec. Design r✓ith community in mina Stantec Stantec Project Number IMOAAooe City of New Hope Page 1 of 5 4401 Xylon Ave N Client Project Number:1027 New Hope, MN 55428 Payment Number: 3/FINAL Contract Number: 193804886 Pay Request Number: 3 Pro act Aescri tion 2020 Wlnnetka Avenuo Watermain Improvements — Contractor: G. F. Jedlicki, Inc. - 2471 Galpin Court Up To Date: 03126/2021 Chanhassen MN 55317 Contract Amount Funds Encumbered Original Contract $339,906.00 Original I $339,906.00 Contract Changes $13,818.61 Additional NIA Revised Contract $353,724.61 Total $339,906.00 Work Certified To Date Base Bid Items T $407,559,51 Contract Changes $$13,818.61 Material On Hand $0.00 Total $421,378.12 Work Certified Work Certified To Less Amount Less Previous Amount Paid This Total Amount This Request Date Retained Payments Request Paid To Date $0.00 $421 378.12 $0.00 $400 309.21 $21,068.91 $421,378. Percent: Retained: 0% _ Percent Comolete: 119.1: I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: G. F. Jedlicki, Inc. Approved by: Date: I l The Work on this project and apf 1€cation has been reviewed and the amount shown is recommended for payment. Stantec Engineer; Approved by: Date: %/l f/,zoz/ Approved for Payment by Owner. City of New Hope Approved by: Date: 6 2 City of New Hope Page 2 of 5 Sta ntec 4401 x Ion Ave N Client Project Number: 1027 Y Payment Number: 3/FINAL New Hope, MN 55428 Payment Summary No. Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2020-04-29 281738.25 14,086.91 267,651.34 2 2020-06-03 139639.87 6,982.00 132,657.87 3 2021-03-26 0 1 -21,068.91 21, 068.91 Funding Funding Category Name Category Number Water Main 1 Fund Work Certified Less Amount Less Previous Amount Paid Total Amount to Date I Retained Payments this Request I Paid to Date 421, 378.12 1 0.00 1 400, 309.21 1 21, 068.91 1 421, 378.12 Accounting Funding Source Amount Paid this Revised Contract Funds Paid Contractor to Number Request Amount Encumbered to Date Date City Funds Water Main Fund 21,068.91 339,906.00 $339,906.00 421,378.12 Contract Item Status Quantity Amount Line Item Description p Units Unit Price Contract This This Quantity Amount Quantity Request Request To Date To Date 1 :2021501/00010 2563.601/00010 MOBILIZATION LS 10,000.00 1 0 0.00 1 10,000.00 2 TRAFFIC CONTROL LS SF 8.000.00 3200 1 75 0 0 0.00 0.00 1 25 8,000.00 800.00 3 2563.618/001 TEMPORARY SIGNS 4 :2573.530/00010 INLET PROTECTION EA 250.00 14 0 0.00 I 14 3,500.00 5 :2104.513/00015 SAWING BITUMINOUS LF 4.00 810 0 0.00 1087 4,348.00 PAVEMENT (FULL DEPTH 6 2104.604/0012 REMOVE BITUMINOUS Sy 7.00 350 0 0.00 677 4,739.00 PAVEMENT FULL DEPTH 7 2104.501/00024I REMOVE CONCRETE CURB LF 8,00 125 0 0.00 236 1,888.00 & GUTTER EA 500.00 7 0 0.00 7 3,500.00 8 2104.502/008401 REMOVE GATE VALVE 9 :2104.518/00130 REMOVE CONCRETE SF 1.00 550 0 0.00 1605 1,605.00 SIDEWALK 10 2104 501/00013 REMOVE WATER MAIN LF 10.00 200 0 0.00 116 1,160.00 PIPE REMOVE WATER SERVICE 11 :2104.503/00850 LF 10.00 27 0 0.00 27 270.00 PIPE TEMPORARY WATER SERVICE 12 2504.601/0004 LS 11,000.00 1 0 0.00 1 11,000.00 13 603-604/000 ION SY 40.00 25 0 0.00 4.5 180.00 (3 Stantec City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Page 3 of 5 Client Project Number: 1027 Payment Number: 3/FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Amount ' Quantity Amount P Quantity This This To Date To Date Request Request 14 :2504.603/00709 1 TYPE K COPPER WATER SERVICE LF 41.00 27 0 0.00 25 1,025,00 15 2504.603/00716 1 5" TYPE K COPPER WATER SERVICE 6" PVC WATERMAIN PIPE 8" PVC WATERMAIN PIPE LF 49.00 5 0 0.00 2 98.00 16 '2504.603/02005 LF 95.00 124 0 0.00 156 14,820.00 17 2504 603/02009 LF EA 105.00 3.000.00 41 8 0 0 000 0.00 90 8 9,450.00 24,000.00 18 1:2504.602/00010 CONNECT TO EXISTING WATER MAIN 19 ;2504.602/00014 CONNECT TO EXISTING WATER SERVICE EA EA 450.00 7,500.00 10 1 0 0 0.00 0.00 10 1 4,500.00 7,500.00 20 :2504.602/00023 HYDRANT INSTALLATION 21 1:2504 602/00806 6" GATE VALVE AND BOX EA 2,900.00 1 0 0.00 2 5,800.00 22 �2504.602/00808 8" GATE VALVE AND BOX EA EA 3,860.00 50000 4 9 1 10 0 0 0 0 0.00 0.00 0.00 0.00 4 9 1 10 15,440,00 4,500.00 600.00 1,500.00 23 2504.602100410 1" CORPORATION STOP 24 2504.602/00415 1.5' CORPORATION STOP EA EA 600.00 15000 25 2504.602/02001 WATER SERVICE SADDLE DUCTILE IRON FITTINGS 26 :2504.608/00020 LB EA 14.00 500.00 882 5 0 0 0.00 0.00 1500 3 21,000.00 1,500.00 27 2503.602/00410 REPAIR SANITARY SEWER 28 2211,501/00010 AGGREGATE BASE, CLASS TN 28.00 315 0 0.00 463.17 12,968.76 29 :2357.502/00010 BITUMINOUS MATERIAL FOR TACK COAT GA L 11.00 16 0 0.00 60 660.00 30 :2360.509/24300 TYPE SP 12 5 BITUMINOUS WEARING COURSE MIXTURE (4.C) TN TN 225.00 225,00 81 110 0 0 0.00 0.00 125 180.38 28,125.00 40,585.50 31 '2360.509/24305 TYPE SP 12.5 BITUMINOUS NON -WEARING COURSE MIXTURE (4,C) 32 2531.501/02315 B618 CONCRETE CURB AND GUTTER LF 40.00 125 0 0.00 236 9,440.00 33 :2521.501/00040 4" CONCRETE WALK SF CY 13.00 38.00 550 5 0 0 0.00 0,00 1605 0 20,865.00 0.00 34 2574.507/0010 TOPSOIL BORROW 35 2575.502125157 SEED WITH HYDROMULCH SY j 26.00 j 50 0 0.00 125 j 3,250.00 Sta ntec City of New Hope Page 4 of 5 Client Project Number:1027 4401 X IOn AveN y Payment Number: 3/FINAL New Hope, MN 55428 Contract Item Status Quantity Amount Line Item Descri tion p Units Unit Price Contract This This Quantity Amount Quantity Request Request To Date To Date 36 2573.503/00061 BIO-LOG TYPE, WOOD LF 6.00 200 0 000 100 600.00 FIBER 37 :2453 610/00010 EXPLORATORY DIGGING HR 140.00 15 0 0.00 9 1,260.00 PROTECT AND SUPPORT 38 2540.601/00001 EXISTING BURIED POWER LS 3,500.00 1 0 0.00 1 3,500.00 CONDUIT BANK 39 :2503.602/20090 STORM SEWER EA 33000 4 0 0.00 1 330.00 INSPECTION 40 :2503.601/20100 SANITARY SEWER INSPECTION LS 330.00 6 0 0.00 10 3,300.00 41 2123.610/0004 STREET SWEEPER (WITH HR 6400 20 0 0.00 10 640.00 PICKUP BROOM) 10" HDPE, DR 11 43 2504.603/00002; WATERMAIN - PIPE LF 91.50 1320 0 0.00 1303.95902 119,312.25 BURSTING Base Bid + Alt. No. 2 Totals: $0.00 $407,569.51 Project Category Totals Project Category Amount This Request Amount To Date 193804886 Base Bid 0.00 288,247.26 193804886 Alternate No. 2 0.00 119,312.25 Contract Change Item Status CC CC# Line Item Description Units Unit Contract Quantity This Amount This QuantityAmount MOBILIZATION Price Quantity Request Request To Date To Date C 1 44 2021 501/000 LS 350.0 1 0 0.00 1 35000 0 10 0 0 1 45 105.509l000 FURNISH AND INSTALL TEMPORARY BITUMINOUS TN 265.0 O 01 0 0 15 0 0.00 15 3,975.00 PATCH C 2433 503/000 Concrete Center Island 0 1 46 13 Removal LF LS 16.00 6,701. 75 1 0 0 000 75 0.00 1 1,200.00 6,701.02 C 1 47 2563 601/000 SIGNAL AND ELECTRICAL 0 01 WORK 02 C 1 48 2999.501/000 COVID-19 PLUMBER LS 1,592. 1 0 0 00 1 1,592.59 0 01 ASSISTANCE 59 Contract Change Totals: $0.001 $13,818.61 Contract Total $421,378.12 ® Stantec Contract Change Totals Number I Description City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Item 1-3: Hennepin County requested the ci of concrete center island as part of their per island would be removed as part of future C replacement work. A temporary bituminous portions of this removed center island woul( CenterPoint's gas main replacement work s items address the added labor and material contractor removing the concrete center isls the temporary bituminous patch. Item 4: Signal and Electrical Work - An exis concrete center island. As part of the Henn city's contractor to remove 75 feet of concre approval, the existing handhole and wiring f removed and addressed. This Change Ord and material costs associated with the contl handhole and addressing signal wiring per I Item 5: COVID-19 Plumber Assistance - CC place for Public Works staff when this proje will typically deal with temporary water conr businesses. Due to restrictions, the city's a those connections in homes and businesse addresses added labor and material costs a hiring a plumber to perform work related to 1 Page 5 of 5 Client Project Number: 1027 Payment Number: 3/FINAL Amount This Amount To Date Request ty's contractor remove 75 feet 0.00 13,818.61 mit approval. The center enterPoint gas main patch was needed since I be used by vehicle traffic until tarted. These Change Order costs associated with the Ind and furnishing and installing Ling handhole existed in the epin County request for the !te center island for permit or the signal needed to be er item addresses added labor actor removing the electric -lennepin County directions. IVID-19 protections were in -t started. Public Works staff sections in homes and )ntractor hired a plumber to do s. This Change Order item associated with the contractor :emporary water connections. 7/9/2021' https://www.mndoe.state.mn.us/tp/eservices/_/Retrieve/O/Dc/aG_z47ipOOzLojGWoWEKiA_?FILET Print2&PARAMS_=418273839335. . M � DEPARTMENT OF REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 9-Jul-2021 12:34:51 PM Confirmation Number: Name: ID: Affidavit Number: Project Owner: Project Number: Project Begin Date Project End Date: Project Location: Project Amount: Subcontractors: 0-120-826-016 G F JEDLICKI INC 7579212 1136529408 CITY OF NEW HOPE 2020 WINNETKA AVE WATERMAIN IMPROVEMENTS 3/ 1 /2020 7/9/2021 NEW HOPE $421,378.12 Name ID Affidavit Number CURB MASTERS INS 2207114 506204160 KILLMER ELECTRIC CO INC 6718331 631508992 OMANN CONTRACTING COMPANIES, INC 4319297 649465856 Please Rrint this gggg for your records using the print or save functionality built into your browser. https://www.mndor.state.mn,usltpleservicesl /Retrieve/OlDclaG_z47ipOOzLojGWoWEKiA_?FILE_=Print2&PARAMST 4182738393351933673 1/1 �7DEPARTMENT OF REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 31-Mar-2021 9:51:29 AM Confirmation Number: 1-973-980-960 Name: CURB MASTERS INC ID: 2207114 Affidavit Number: 506204160 Project Owner: CITY OF NEW HOPE Project Number: 7344 Project Begin Date: 4/27/2020 Project End Date: 4/27/2020 Project Location: 2020 WINNETKA WATERMAIN IMPROVEMENTS, NEW HOPE, MN Project Amount: $22,761.60 Subcontractors: No Subcontractors Please print this egg for your records using the print or save functionality built into your browser. RECEIPT AND WAIVER OF LIEN RIGHTS Date 3/30/2021 The undersigned hereby acknowledges receipt of the sum of $ 22.761.60 from: G. F. Jedlicki, Inc CHECK ONLY ONE ]) [ ] as partial payment for labor, skill and materials furnished. 2) [X] as full and final payment for all labor and materials furnished. to the following described real property: (legal description, street address or project name) 2020 Winnetka Watermain Improvements and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if BOX 1 is checked, and except for retainage shown if BOX 2 is checked) EXCEPT:-O- Curb K • r- c. By: _ Mark C KIies President Curb Masters, Inc. 496 Farwell Avenue South St Paul, MN 55075 651-455-5251 fax651-493-3643 DEPARTMENT OF REVENUE Your Contractor Affidavit request Is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Tlma: 2-Apr-2021 3:07:58 PM Confirmation Number. 1-339-281-184 Name: KILLMER ELECTRIC CO INC ID: 6718331 Aftldavlt Number: 631508992 Project Owner- CITY OF NEW HOPE Project Number. 20-0003075 Project Begin Dale: 417 2020 Project End Dale: 411V2020 Project Location: NEW HOPE, MN Project Amount: $6,381.92 Subcontractors: No Subcontractors Please prfnl tble D-@gg for your records using the print or save functionality built Into your browser. Receipt and Waiver of Mechanic's Lien Rights Date 06/21/21 The undersigned hereby acknowledges receipt of the sum of: $ 6,381.92 Check only one box or box 1 will apply rtial payment for Labor, Skill & Material furnished Payment for all Labor, Skill & Material furnished or to be furnished (except the sum of Full and Final payment for all Labor, Skill and Material furnished or to be furnished To the following described real property Winnetka Watermain New Hope, MN retainage or holdback) For value received the undersigned waives all rights acquired by the undersigned to recore a Mechanic's Lien against said real property for Labor, Skill & Material furnished to said real property (only for the amount paid If Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all Material furnished by the undersigned has been paid for, and all subcontractors retained by the undersigned have been paid in full, except: Killmer Electric Co., Inc. Company Name r Off icerjAuthorixed Employee CFO Its 5141 Lakeland Ave N Crystal, MN 55429 763-425-2525 https://www.mndor.state.mn.us/tp/eservices//Retrieve/0/Dc/Bt DEPARTMENT OF REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 9-Jul-2021 11:54:29 AM Confirmation Number: 1-134-913-696 Name: OMANN CONTRACTING COMPANIES INC ID: 4319297 Affidavit Number: 649465856 Project Owner: CITY OF NEW HOPE Project Number: 74281 Project Begin Date: 4130/2020 Project End Date: 5/4/2020 Project Location: 2020 WINNETKA WATERMAIN Project Amount: $49,282.00 Subcontractors: No Subcontractors Please rinp t this page for your records using the print or save functionality built into your browser. of 1 7/9/2021, 11:54 AM RECEIPT AND WAIVER OF MECHANIC'S LIEN FIGHTS 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in co -partnerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating, plastering materials, etc. 4. NO ERASURES OR ALTERATIONS MUST BE MADE. DATE: 7/12/21 The undersigned hereby acknowledges receipt of the sum of $_ $2,464.10 CHECK ONLY ONE 1) as partial payment for labor, skill, and material furnished or to be furnished 2) as payment for all labor, skill, and material furnished or to be furnished or to be furnished (except the sum of $ retainage or holdback) 3) XXX as full and final payment for all labor, skill, and material furnished on to the following described real property: (legal description, street address, or project name) 2738 Winnetka Ave N New Hope, MN and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill, or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: G.F. Jedlicki, Inc. 2471 Galpin Court, # 110 Chanhassen, MN 55317 Omann-Contracting Companies, Inc. om Namc] President (Tide) PO Box 120 (Address) Albertville MN 55301 (Address) Lien Waiver Contingent Upon Receiving Check and Check Clearing the Bank CONSENT OF SURETY TO FINAL PAYMENT AIA Document G707 (Instructions on reverse side) Bond No. 2295603 OWNER ❑ ARCHrrrc:r Ci CONT'mc'rOR SURM OTHER �] TO OWNER: ARCHITECT'S PROJECT NO.: (Na+ne turd ackh-ev) City of New Hope 4401 Xylon Avenue North CONTRACI'FOR: New Hope, MN 55428 PROJECT: CON"TRACT DATED: February 10, 2020 Warne mid addre. s) 2020 Winnetka Watermain Improvements (City of New Hope) In accordance %oth the provisions of [he Contract hetween [he Owner anti the Contractor as in(licate(I above, the (111.K+v none arfd urlr[n1 u(S111rrly West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend, WI 53095 SUPS Y, on hand of fDr.K'rr utum• unrl arkht'�� of Lbnlnr<7n+9 G. F. Jedlicki, Inc. 2471 Galpin Court, Suite 110 Chanhassen, MN 55317 CONTRACTOR, hereby approves of the Final payment to [he Contractor, an(I agrees that final payment to the Contractor shall no[ I-dicve the SurcnV of mty of its obligations to lbcK+Y urunr and udd+t'.a o/`burrer) City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 OWNER, as set forth in Said Surety's Ixmtl. IN WETNESS NX1iEREOF, the Surety has hereunto set its han(I on this (late: March 31, 2021 (Urq•rf in u•rilirr(; rlx Illonl 61torrer! hi.11x• moment: delft. r+n( I ern+-) West send Mutual insurance company (Srutv,iv SA 7E9—a f.�i,nunurrJrcrrrh •'�,nl jgru•urr+rue•1 Attest. (Seal1: 1�U Nicole M. Cot -Attorney -in -fact I !'rinrcd +rrrnrr turd ri!!r1 CAUTION: You-nataid sign an original AIA document that has this caution printed in red An j onginal assures hat changes will not be obscured as ar y occur when dOCLIMeitts are repr i<u �_-ld See Instruz6on sheet for Limited Lii eense for Reproduction of this document. AIA DOCUMENT G707 • [ r IV5F\'I' OF SI klal'I'O FINAL. PAYMENT • IIA)+ FDI'n(ri • TVA Ili. r111 rlklrlf-i^,IN.1111I-IT OFARCHrIT(A's.1-3SNr•.lr'1"ORKAVINIF..:VA lYAtill- +.•l: WARNING: Unlicensed photocopying violates U.S. copy- Y�'� filth[ laws and will subject the violator to legal prosecution. G707-1994 WEST BEND A MUTUAL INSURANCE COMPANY - Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Nicole M. Coty, Litton E.S. Field, Jr., Amanda Plantenberg, Nicole Saji lawful Attorneys) -in -fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $7,500,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney -in -Fact. The president or any vice president, or any other officer of West Send Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seat may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary th 11 st day f-lAarch, 2009. Attest" Ja a J. Pa �RArF': '; Kevin A. Steiner Se Lary sr SRAT, Chief Executive Officer 1 President State of Wisconsinyd°... =' County of Washington On the 1 st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. * NOTARY ': * Johri r— ►weII —� PUBUC i� Executive Vice President - Chief Legal Officer FSG_ Notary Public, MyComm Commission is ashington Co. WI is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 31st day of March 2021 bOORPORAro :r SEAL Dale J. Kent Executive Vice President - _ Chief Financial Officer Notice: Reproductions are not binding on the company. Ahy'questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Grecnw:l>• Blvd. Suitc 1100 1 P,O. Box 620976 1 \liddleton, VG`I 53562 1 ph (608) 410-3411) i wti-�d:ch��i.lvczlining:cum . : E I C K & ��� MEYERS f,I l' AEM Financial Solutions" MEMO TO: KIRK MCDONALD FROM: VICKI HOLTHAUS SUBJECT: FUNDING FOR ADDITIONAL QUANTITIES ON WINNETKA WATERMAIN DATE: MAY 8, 2020 BACKGROUND Recent estimates for the 2020 Winnetka Avenue Watermain Improvement project S.1027 have indicated that higher material quantities will result in project costs that are $70,000 over budget. The City has requested AEM's review of the water fund cash flow projections to ensure adequate funding is available to cover the additional cost. ANALYSIS The December 2019 long-term plan projects the water fund cash flow now and ten years into the future based on the City's capital improvement plan and assumptions for future revenue growth (see Appendix A for an excerpt from the long-term plan). The plan illustrates that estimated cash for the years ending 2019 and 2020 will be $2.094M and $1.489M, respectively. These projections include repayment of the interf ind loan from the temporary financing fund in 2020. Further, the 2019 CAFR illustrates that the year-end cash balance in the water fund was $2,253,701, which is slightly higher than the year-end cash projected in the long-term plan. Assets Cunreut Assets Cash and temporary investments Cash held with fiscal agent Receivables Accounts Special assessments Due from other governments hiventories Total Current Assets City of New Hope, Minnesota Statement of Net Position (Continued on the Following Pages) Proprietary Fuuds December 31, 2019 Business -type Activities - Euterprise Fmids 9300 9301 9302 9303 Sewer Utility Water Utility Golf Course Ice Arena $ 1,645,152 $ 2,253,701 $ 89,136 $ 800 - - - 1,358,401 331,671 867,643 1,720 68,820 53,644 126,501 - - - 5,589 - 50,758 - 37,275 5.732 - 2,030,467 3.290,709 96,588 1,478,779 Based on our review, the water fund has adequate cash flow to cover the additional $70,000 expense on the Winnetka Watermain Improvement project. The revised project cost will be included in future iterations of the City's long-term financial projections. 5201 Eden Avenue, Suite 250 Edina, MN 55436 952.715.3070 1 Fax 952.835-3261 3 1p� U611 Request for Action May 26, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Consent Item Number 6.8 Agenda Title Resolution approving Change Order No. 1 for G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) Requested Action Staff recommends approval of change order no. 1 for the Winnetka Watermain Replacement Project in the amount of $13,818.61. The change order was discussed at the May 18 work session. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The replacement of the watermain on Winnetka Avenue between 27th and 29th avenues was identified on the city's 2020 CIP. The existing watermain was pipe bursted, a process that involved demolishing the pipe in place by boring through the pipe. A new eight -inch plastic water main was bored in the same place as the demolished watermain. The city experienced additional costs associated with COVID-19 and county permitting for this project. These additional costs included furnishing and installing a temporary bituminous patch over portions of the center island that was removed, removal of the island, signal and electrical work, and plumber assistance for home and business connections. The costs are estimated at $13,818.61 and are addressed in change order no. 1. This is lower than the amount discussed at the work session. CenterPoint Energy will be reimbursing the city for at least $6,700 of the costs. Public works and engineering staff also reviewed the status of quantities on this project in late April and identified an increase of removal and restoration quantities related to curb and gutter, sidewalk, and street patching as compared to the estimated quantities in the original bid documents. The review of the increase in removal and restoration quantities is resulting in a $62,879.75 estimated overage in costs from the original bid. There are some watermain costs that will be reimbursed by the neighboring cities of Crystal and Golden Valley (approximately $14,000). An overage or underage in quantities on a project is not typically processed as a change order. The attached correspondence from the city engineer describes the specific details regarding the project overages. Per the attached memo from AEM, the water fund has adequate cash flow to cover the additional expense. t:\RFA\PUBWORKS\2020\Council\5-26 Winnetka Water Main Change Order Attachments • Resolution ■ Memorandum by City Engineer ■ Review of Overages and Additional Construction Costs • AEM Memo re: Funding • Long -Term Plan Excerpt City of New Hope Resolution No. 2020 - 60 Resolution approving Change Order No. 1 for G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) WHEREAS, the city has received the request for change order no. 1 from Stantec Consulting Services for G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027); and WHEREAS, the item in change order no. 1 is to have G.F. Jedlicki Inc. provide a plumber for temporary water connections and disconnections , remove 75 feet of concrete center island, remove an electric handhole and associated wiring in the center island, and place a bituminous patch at this center island location; and WHEREAS, the City Council reviewed the items in change order no. 1 with city engineer Dan Boyum at the May 18, 2020 work session and directed staff to place the change order on the May 26, 2020 council agenda for formal action; and WHEREAS, the original contract with G.F. Jedlicki Inc. was in the amount of $339,906.00; and WHEREAS, change order no. 1 increases the contract amount to $355,468.87; and WHEREAS, Stantec Consulting Services and staff recommend approval of the change order; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that change order no. 1 to G.F. Jedlicki Inc. contract is approved and that all other respects of the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 2611 day of May, 2020. 6e �" Mayor Attest: aryl City Clerk 4 Stantec May 19, 2020 File: 193804886 Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2020 Winnetka Watermain Improvements Change Order No. 1 City Project No. 1027 Dear Bernie, Change Order No. 1 was discussed at the May 18, 2020 City Council Work Session as well as estimated overages in base bid items due to an increase in removal and restoration quantities. Since that discussion, there was a reduction in the COVID-19 plumber work that resulted in a reduced total change order cost. We have prepared Change Order No. 1 to compensate G. F. Jedlicki, Inc. for the following items: Items 1-3: Hennepin County requested the city's contractor remove 75 feet of concrete center island as part of their permit approval. The center island would be removed as part of future CenterPoint gas main replacement work. A temporary bituminous patch was needed since portions of this removed center island would be used by vehicle traffic until CenterPoint's gas main replacement work started. These Change Order items address the added labor and material costs associated with the contractor removing the concrete center island and furnishing and installing the temporary bituminous patch. Item 4: Signal and Electrical Work - An existing handhole existed in the concrete center island. As part of the Hennepin County request for the city's contractor to remove 75 feet of concrete center island for permit approval, the existing handhole and wiring for the signal needed to be removed and addressed. This Change Order item addresses added labor and material costs associated with the contractor removing the electric handhole and addressing signal wiring per Hennepin County directions. 3. Item 5: COVID-19 Plumber Assistance - COVID-19 protections were in place for Public Works staff when this project started. Public Works staff will typically deal with temporary water connections in homes and businesses. Due to restrictions, the city's contractor hired a plumber to do those connections in homes and businesses. This Change Order item addresses added labor and material costs associated with the contractor hiring a plumber to perform work related to temporary water connections. Design with community in mind May 19, 2020 Mr. Bernie Weber Page 2 of 2 Reference: 2020 Winnetka Watermain Improvements - Change Order No. 1 No. Item Total Amount 1 Mobilization $350.00 2 Furnish and Install Temporary Bituminous Patch $3,975.00 3 Concrete Center Island Removal $1,200.00 4 Signal and Electrical Work $6,701.02 5 COVID-19 Plumber Assistance $1,592.59 TOTAL CHANGE ORDER NO. 1: $13,818.61 Based on your discussions with the finance department, we understand the water fund has reserves to cover these expenses. If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, Stantec Consulting Services Inc. Dan u. uoyum, P.E. City Engineer dan.boyum@stantec.com Attachment: Change Order No. 1 Cc: Kirk McDonald, Valerie Leone, Andrew Kramer, Dave Lemke, Shawn Markham, Megan Hedstrom, Matt Rowedder- New Hope; Lucas Miller, Ann Dienhart -Stantec. Design with community in mind C`C,.0 rlrt. ® Stantec (Owner: City of New Hope,4401 Xylon Avenue North, New Hope, MN, 55428 Date Contractor: G. F. Jedlicki, Inc., 2471 Galpin Court, Chanhassen, MN 55317 Bond Cc: West Bend Mutual Insurance Company, 1900 South 18th Avenue, West Bend, WI 53095 Bond No: 2295603 CHANGE ORDER NO. 1 2020 WINNETKA AVENUE WATERMAIN IMPROVEMENTS CLIENT PROJECT NO. 1027 STANTEC FILE NO. 193804886 Description of Work Change Order No. 1 provides for: Item 1-3: Hennepin County requested the city's contractor remove 75 feet of concrete center island as part of their permit approval. The center island would be removed as part of future CenterPoint gas main replacement work. A temporary bituminous patch was needed since portions of this removed center island would be used by vehicle traffic until CenterPoint's gas main replacement work started. These Change Order items address the added labor and material costs associated with the contractor removing the concrete center island and furnishing and installing the temporary bituminous patch. Item 4: Signal and Electrical Work - An existing handhole existed in the concrete center island. As part of the Hennepin County request for the city's contractor to remove 75 feet of concrete center island for permit approval, the existing handhole and wiring for the signal needed to be removed and addressed. This Change Order item addresses added labor and material costs associated with the contractor removing the electric handhole and addressing signal wiring per Hennepin County directions. Item 5: COVID-19 Plumber Assistance - COVID-19 protections were in place for Public Works staff when this project started. Public Works staff will typically deal with temporary water connections in homes and businesses. Due to restrictions, the city's contractor hired a plumber to do those connections in homes and businesses. This Change Order item addresses added labor and material costs associated with the contractor hiring a plumber to perform work related to temporary water connections. No. Item Unit Quanft Price Amount CHANGE ORDER NO. 1 1 Mobilization LS 1 $350.00 $350.00 2 Furnish and Install Temporary Bituminous TN 15 $265.00 $3,975.00 Patch 3 Concrete Center Island Removal LF 75 $16.00 $1,200.00 4 Signal and Electrical Work LS 1 $6,701.02 $6,701.02 5 COVID-19 Plumber Assistance LS 1 $1,592.59 $1,592.59 TOTAL CHANGE ORDER NO. 1: $13,818.61 193804886COlxl- Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date) Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved In ontractor: G. F. Jedli Inc. f s1 av Date cc: Owner Contractor Stantec Consulting Services Inc. 193804886CO I .xlsm July 3, 2020 July 22, 2020 Date: *i7/z®zv Approved by Owner: ICITY-Olf-E, HOPE Date $339, 906.00 $0.00 $13,818.61 $353,724.61 G.F. JEDLICKI, INC SEWER & WATER CONTRACTOR EXCAVATING 2471 GALPIN COURT #110 CHANHASSEN, MN 55317 PHONE: 952-934-7272 FAX: 952-934-7273 April 7, 2020 RE: Request for Additional Work #1 Job Owner City of New Hope Job Name 2020 Winnetka Ave Watermain Improvement Project Location 27th Ave N & Winnetka Ave Discription of Work Concrete Median Temporary Bituminous Patch ITEM NO. CONTRACT DESCRIPTION QUANTITY UOM UNIT PRICE CONTRACT AMOUNT 1 BLACKTOP MOBILIZATION 1 EA $ 350.00 $ 350.00 2 FURNISH & INSTALL TEMP BITUMINIOUS PATCH (4" DEPTH) 15 TON $ 265.00 $ 3,975.00 3 CONCRETE REMOVAL 150 LF $ 8.00 $ 1,200.00 $ 5,525.00 G.F. JEDLICKI, INC SEWER & WATER CONTRACTOR EXCAVATING 2471 GALPIN COURT #110 CHANHASSEN, MN 55317 PHONE: 952-934-7272 FAX: 952-934-7273 April 8, 2020 RE: Request for Additional Work #3 Job Owner City of New Hope Job Name 2020 Winnetka Ave Watermain Improvement Project Location Winnetka Ave Discription of Work Signal & Electrical Work Required by Hennepin County ITEM NO. CONTRACT DESCRIPTION QUANTITY I UOM UNIT PRICE CONTRACT AMOUNT 1 ELECTRICAL WORK 1 LS $ 6,701.02 $ 6,701.02 $ 6,701.02 G.F. JEDLICKI, INC SEWER & WATER CONTRACTOR EXCAVATING 2471 GALPIN COURT #110 CHANHASSEN, MN 55317 PHONE: 952-934-7272 FAX: 952-934-7273 April 27, 2020 RE: Request for Additional Work #4 Job Owner City of New Hope Job Name 2020 Winnetka Ave Watermain Improvement Project Location Winnetka Ave Discription of Work Covid 19 Plumber Assistance ITEM NO. CONTRACT DESCRIPTION QUANTITY UOM UNIT PRICE CONTRACT AMOUNT 1 WELD & SONS PLUMBING 1 LS $ 1,592.59 $ 1,592.59 $ 1,592.59 ABDO EICK& ME 1 Lrl W LLP AEM Financial Solutions" MEMO TO: KIRK MCDONALD FROM: VICKI HOLTHAUS SUBJECT: FUNDING FOR ADDITIONAL QUANTITIES ON WINNETKA WATERMAIN DATE: MAY 8, 2020 BACKGROUND Recent estimates for the 2020 Winnetka Avenue Watermain Improvement project S.1027 have indicated that higher material quantities will result in project costs that are $70,000 over budget. The City has requested AEM's review of the water fund cash flow projections to ensure adequate funding is available to cover the additional cost. ANALYSIS The December 2019 long-term plan projects the water fund cash flow now and ten years into the future based on the City's capital improvement plan and assumptions for future revenue growth (see Appendix A for an excerpt from the long-term plan). The plan illustrates that estimated cash for the years ending 2019 and 2020 will be $2.094M and $1.489M, respectively. These projections include repayment of the interfund loan from the temporary financing fund in 2020. Further, the 2019 CAFR illustrates that the year-end cash balance in the water fund was $2,253,701, which is slightly higher than the year-end cash projected in the long-term plan. Assets Current Assets Cash and temporary investments Cash held with fiscal agent Receivables Accounts Special assessments Due from other govenurnents hwentodes Total Current Assets City of New- Hope, Minnesota Slaleineul of Net Position (Continued on the Following Pages) Proprietary Funds December 31. 2019 Business -type Activities - Enterprise Funds 9300 9301 9302 9303 Sewer Utility Water Utility Golf Course Ice Arena $ 1,645,152 $ 2,253,701 $ 89,136 $ 800 - - - 1,358,401 331,671 867,643 1,720 68,820 53,644 126,501 - - - 5,589 50,758 - 37,275 5.732 - 2,030.467 3,290,709 96,588 1,478,779 Based on our review, the water fund has adequate cash flow to cover the additional $70,000 expense on the Winnetka Watermain Improvement project. The revised project cost will be included in future iterations of the City's long-term financial projections. 5201 Eden Avenue, Suite 250 Edina, MN 55436 952.715.3070 1 Fax 952.835.3261 City of New Hope, Minnesota Capital Improvement Plan - Water Fund 9301 Schedule of Planned Capital Outlay 2019 to 2029 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Year to Estimated Estimated Estimated Estimated Estimated Estimated Estimaed Estimated Estimated Estimated Estimated Department Subledger Replace Item Cost Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Water S 1019 2019 2019 Infrastructure Improvements - Winpark Drive $ 325,000 $ 325,000 S - S - S - S S - 5 5 - S s - S - Water S 1029 2019 42nd A Boone Hydrant 15,000 15,000 - - - - - - Water S 1003 2019 Yukon watermain 8,785 8,785 - - - - - Water S1008 2019 JWC- Repaint North Water Tower 550,000 550,000 - - - - - - Water TBD 2020 2020 Infrastructure Improvements - Northwood East 470,64E - 470,64E - - - Water TBD 2020 WinnetkaWatermain-27thto29th 400,000 - 400,000 - - - - - - - Water TBD 2021 20211ntraslnrcuna lmprcvcrncnln -LranY Park 100,000 - 100,000 - - - - Water TBD 2022 JWC- Repaint South Water Tower 1500000 - 1,500,000 - - - - - - Water TBD 2022 2022 Infrastructure Improvements - Liberty Park W 20,000 - 20,000 - - - - Water TBD 2023 2023 Infrastructure Improvements - Northwoods East 40 000 - - 40,000 - - - - - Water TBD 2023 42nd Ave - Gettysburg to Boone Ave (Henn Co Rockford Rehab) 435,000 - - 435,000 - - - Water TBD 2024 2024 Infrastructure Improvements -Jaycee Park 50,000 - - - - 50,000 - - - - - Water TBD 2025 2025 Infrastructure Improvements - St. Raphael 55,000 - - 55,000 - - - Water TBD 202E 2026 Infrastructure Improvements - Northwoods Sough 975,000 - - - - - - 975,000 - - Water TBD 2027 2027 Infrastructure Improvements - N of Bass Lake Rd 65,009 - - - 65,000 Water TBD 2028 2028 Infrastructure Improvements- Meadow Lake North 65.000 - - - - - - 65,000 - Water TBD 2029 2029 Infrastructure Improvements 70,000 - 70.000 S 896.765 S 870.646 S 100.000 S 1 520 000 S 475 000 S 50 000 S 55.000 S 975.000 S 65.000 $ 65.000 S 70.000 City of New Hope, Minnesota Capital Improvement Plan - Water Fund 9301 Statement of Cash Flows Enterprise Fund Projected Activity Enterprise Fund Projected Activity 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Cash Flows from Operating Activities Receipts from customers and users (5% growth assumption) $ 4,697.357 $ 4,932,225 $ 5,178,835 $ 5,437,778 $ 5,709,66E f 5,995,150 $ 6,294,907 $ 6,609,653 $ 6,940,135 $ 7,287,142 $ 7,651,499 Payments to suppliers and employees (5% growth assumption) (3,527,582) (3.703.961) (3,889.159) (4,083,617) (4,287,79a) (4,502,1aa) (4,727,297) (4,963,662) (5,211,845) (5,472,438) (5,746,060) Nor Cash Provided (Used) by Operating Aclivihcs 1.169.775 1.228.263 1,2a9,676 1,354,160 1,421,asa 1,492,962 1,567.610 1,645,990 1,726,299 1,814,704 1,905,439 Cash Flo" From Capita) and Rclamd Fm ncvrg Act w-hat Acquisition of cup wl assets Intergovernmental (Joint Water Commission) Interfund loan payments (From Temp Financing for JWC projects S679K remaining at 12/31118) Existing Principal and interest paid on long-term debt Net Cash Used by Capital and Related Financing Activities Cash Flaws from Investing Activities Investment earnings Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents, January 1 Cash and Cash Equivalents, December 31 (895,785) (870,646) (100,000) (1,520,000) (475,000) (50,000) (55,000) (975,000) (65,000) (65.000) (70;000) 550,000 - - 1,500,000 - - - - - - - (119,341) (579,214) - - - - (400-651) (403,896) (199.184 0 5.311) f514.9p67 076.1* (313,409j f314,344) (313-W (114,5129 (Z13'03) 868,77 1853,75E 499,182 335,511 789,905 366,125 368,409 1,289,344 378,947 379.512 383,673 17.757 20 94S 14 a99 22.853 37 368 40.1m 91 91 E4 200 69 409 a2.5a6 D7 7151 318,755 (604,547) a05,394 1,041,603 665,333 1,166,059 1,250,892 420,846 1,417,751 1,517,478 1,519,527 1,775,725 2,094,480 1,489,933 2,295,326 3,336,929 4,002,261 5,169,121 6,420,013 6,840,859 13,2511,610 9,776,089 S 2-094-41W S 1.489,9d$ S 221115.= S .5.3I6.929 S 4002281 S 5-169.t 2t $ G420,013 S 644DA69 $ 0265.516 S 9.M.Da6 $11.US,61a Request for Action May 18, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Work Session Item Number 11.4 Agenda Title Discuss Change Order No. 1 for G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) Requested Action Staff requests to discuss change order no. 1 for the Winnetka Watermain Replacement Project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The replacement of the watermain on Winnetka Avenue between 27th and 29th avenues was identified on the city's 2020 CIP. The existing watermain was pipe bursted, a process that involved demolishing the pipe in place by boring through the pipe. A new eight -inch plastic water main was bored in the same place as the demolished watermain. Public works and engineering staff reviewed the status of quantities on this project in late April and identified an increase of removal and restoration quantities related to curb and gutter, sidewalk, and street patching as compared to the estimated quantities in the original bid documents. The review of the increase in removal and restoration quantities is resulting in a $62,879.75 estimated overage in costs from the original bid. There are some watermain costs that will be reimbursed by the neighboring cities of Crystal and Golden Valley. Also, the city will be experiencing additional costs associated with COVID-19 and county permitting. These additional costs are estimated at $15,600 and would be addressed in change order no. 1. Some of these costs will be reimbursed by CenterPoint Energy. The attached correspondence from the city engineer describes the specific details regarding the project overages. Per the attached memo from AEM, the water fund has adequate cash flow to cover the additional expense. Attachments • Memorandum by City Engineer • Review of Overages and Additional Construction Costs I:\RFA\PUBWORKS\2020\Work Session\5-18 Winnetka Water Main Change Order Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 OP Stantec Minneapolis, MN 55402 May 11, 2020 File: 193804886 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2020 Winnetka Watermain Improvements Overages and Change Order No. 1 City Project No. 1027 Dear Bernie, Public Works and Engineering Staff reviewed the status of quantities on the above referenced project on April 28, 2020 as well as estimated quantity and cost overages based on measurements. What we are seeing is an increase of removal and restoration quantities related to curb and gutter, sidewalk, and street patching compared to the quantities estimated in the original bid documents. The review of the increase in removal and restoration quantities is resulting in a +/- $62,879.75 estimated overage in costs from the original bid. Also, the City will be experiencing additional costs associated with COVID-19 and county permit (removal of island, handhole, and patching).. The additional costs would be proposed to be addressed as Change Order No. 1 and are estimated at $15,600. Some of the county permit costs will be reimbursed by CenterPoint Energy since some of those removals were part of their beltline project. There are also some watermain costs that will be reimbursed by our neighboring cities of Crystal and Golden Valley. The attachment provided a breakdown of the overages and costs discussed above. We discussed the causes for the increase in the removal and replacement quantities as follows: The boring pit and retrieval pits were larger than estimated. Some reasons for the larger size included: a. final utility locations (painted markings are shot and incorporated into the plans, but the final locations vary when exposed for pits). b. worker safety- Trench box size wider than estimated. c. condition of existing pavement. 2. Additional pits were needed during construction due to operations, sanitary sewer service repair, and watermain offsets. Design with community in mind May 11, 2020 Mr. Bernie Weber Page 2 of 3 Reference: 2020 Winnetka Watermain Improvements -Approve Plans & Specifications; Authorize Bidding 3. Existing utilities in this area are from the 1957 to 1961 era. There were several deviations in watermain location that were found during construction that led to larger removal and patch areas than estimated. Some of the records on watermain and other utilities in that time period are not as good as current record plans where pipe is shot with global positioning system (gps) units, construction observers tie out fittings and connection locations, fittings are documented with pictures, etc. 4. When you reconstruct a street, watermain locations that vary from the record plans are not as big of an issue because all street pavement, curb and gutter, and walk is being removed. On a pipe bursting project when you have higher restoration and removal pricing and you are trying to minimize digging and patching, having the watermain in the location shown on record plans is more critical. Some of the larger areas where watermain was not in the locations from the 1957 and 1961 plans include: a. 27rh Avenue N. (Medicine Lake Road) - border of Golden Valley and New Hope. b. Bend in line between 27rh Avenue N. and Terra Linda c. Crossing at Terra Linda d. 28th Avenue North 5. The condition of existing sidewalk in some areas was uneven. The sidewalk patch was increased in some locations to correct uneven sidewalk areas for pedestrian safety. 6. CenterPoint Energy required some spot checks when crossing their existing 24" steel gas main that added to the patching costs. 7. The existing hydrant at 27rh Avenue N. connected to the existing water main in a different location than shown on the record plans. This resulted in additional patching and costs. 8. In order to protect an existing retaining wall from falling into the trench, the trench and restoration of walk and boulevard area got larger at address 2900 Winnetka Avenue. The existing watermain tee was farther out of the street than record plans showed. The benefits of pipe bursting were discussed at past meetings. With the additional overages, it is good to review some of those benefits again as listed below: • Costs - Though the restoration costs increased, the restoration costs are still around 225% less than reconstruction related restoration costs. Also, trying to open cut and replace this existing watermain would have added costs associated with relocating utilities, etc. • Schedule - The project was completed in 3 to 3.5 weeks. Open cutting would have required a much longer project timeline and the associated impact to traffic and residents along the project. Almost all of the sidewalk would have been disturbed. Also, additional private utility coordination would have been needed due to the buried Xcel electrical duct and power poles directly above the watermain. Design with community in mind �4. May 11, 2020 Mr. Bernie Weber Page 3 of 3 Reference: 2020 Winnetka Watermain Improvements —Approve Plans & Specifications; Authorize Bidding • Although the timing with COVID-19 brought some additional challenges and project cost considerations, pipe bursting of this watermain will minimize future Public Works staff hours associated with watermain break repairs along a busy road with many private utility conflicts. Based on your discussions with the finance department, we understand the water fund has reserves to cover these expenses. If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, Stantec Consulting Services Inc: Dpn 17 Boyum, P.E. City Engineer dan.boyum@stantec.com Attachment: Review of Overages and Additional Construction Costs Cc: Kirk McDonald, Valerie Leone, Andrew Kramer, Dave Lemke, Shawn Markham, Megan Hedstrom, Matt Rowedder- New Hope; Lucas Miller, Ann Dienhart - Stantec. Design with community in mind Winnetka Watermain Improvements Review of Overages and Additional Construction Costs Item No. Description Unit Total Bid Qty Bid Unit Price Bid Amount Est. Final Qty Est. Final Payment Amount over Original Bid 1 MOBILIZATION LS 1 $10,000.00 $10,000.00 1 $10,000.00 $0.00 2 TRAFFIC CONTROL LS 1 $8,000.00 $8,000.00 1 $8,000.00 $0.00 3 TEMPORARY SIGNS SF 75 $32.00 $2,400.00 25 $800.00 ($1,600.00) 4 INLET PROTECTION EA 14 $250.00 $3,500.00 14 $3,500.00 $0.00 5 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF 810 $4.00 $3,240.00 1087 $4,348.00 $1,108.00 6 REMOVE BITUMINOUS PAVEMENT (FULL DEPTH) SY 350 $7.00 $2,450.00 677 $4,739.00 $2,289.00 7 REMOVE CONCRETE CURB & GUTTER LF 125 $8.00 $1,000.00 236 $1,888.00 $888.00 8 REMOVE GATE VALVE EA 7 $500.00 $3,500.00 7 $3,500.00 $0.00 9 REMOVE CONCRETE SIDEWALK SF 550 $1.00 $550.00 1605 $1,605.00 $1,055.00 10 REMOVE WATER MAIN PIPE LF 200 $10.00 $2,000.00 116 $1,160.00 ($840.00) 11 REMOVE WATER SERVICE PIPE LF 27 $10.00 $270.00 27 $270.00 $700 12 TEMPORARY WATER SERVICE LS 1 $11,000.00 $11,000.00 1 $11,000.00 $0.00 13 4" INSULATION SY 25 $40.00 $1,000.00 4.5 $180.00 ($820.00) 14 1"TYPE K COPPER WATER SERVICE LF 27 $41.00 $1,107.00 25 $1,025.00 ($82.00) 15 1.5" TYPE K COPPER WATER SERVICE LF 5 $49.00 $245.00 2 $98,00 3147.00) 16 6" PVC WATERMAIN PIPE LF 124 $95.00 $11,780.00 156 $14,820.00 $3,040.00 17 8" PVC WATERMAIN PIPE LF 41 $ 05.00 $4,305.00 90 $9,450.00 $5,145.00 18• CONNECT TO EXISTING WATER MAIN EA 8 $3,000.00 $24,000.00 8 $24,000.00 $0.00 19 CONNECT TO EXISTING WATER SERVICE EA 10 $450.00 $4,500.00 10. $4,500.00 $0.00 20 HYDRANT INSTALLATION EA 1 $7,500.00 $7,500.00 1 $7,500.00 $0.00 21 6" GATE VALVE AND BOX EA 1 $2,900.00 $2,900.00 1 $2,900.00 $0.00 22 8" GATE VALVE AND BOX EA 4 $3,860.00 $15,440.00 4 $15,440.00 $0.00 23 1" CORPORATION STOP EA 9 $500.00 $4,500.00 9 $4,500.00 $0.00 24 1.5" CORPORATION STOP EA 1 $600.00 $600.00 1 $600.00 $0.00 25 WATER SERVICE SADDLE EA 10, $150.00 $1,500.00 10 $1,500.00 $0.00 26• DUCTILE IRON FITTINGS LB 882 $14.00 $12,348.00 1590 $22,260.00 $9,912.00 27 REPAIR SANITARY SEWER EA 5• $500.00 $2,500.00 3• $1,500.00 ($1,000.001 28 AGGREGATE BASE, CLASS 5 TN 315 $28.00 $8,820.00 482, 113,496.00 $4,676.00 29 BITUMINOUS MATERIAL FOR TACK COAT GAL 16, $11.00 $176.00 16. $176.00 $0.00 30, TYPE SP 12.5 BITUMINOUS WEARING COURSE MIXTURE RC) TN 81 $225.00 $18,225.00 81 $18,225.00 $0.00 31 TYPE SP 12.5 BITUMINOUS NON -WEARING COURSE MIXTURE (4.C) TN 110 $225.00 $24,750.00 224.37 $50,483.25 $25,733.25 32 B618 CONCRETE CURB AND GUTTER LF 125, $40.00 $5,000.00 236. $9,440.00 $4,440.00 33. 4" CONCRETE WALK SF 550 $13.00 $7,150.00 1605 $20,865.00 $13.715.00 34 TOPSOIL BORROW CY 51 $38.00 $190.00 51 $190.00 $0.00 35, SEED WITH HYDROMULCH SY 50 $26.00 $1,300.00 50 $1,300.00 V-00 36 BIO-LOG TYPE, WOOD FIBER LF 200 $6.00 $1,200.00' 100 $600.00 ($600.00) 37' EXPLORATORY DIGGING HR 15• $140.00 $2,100.00 9' $1,260.00 ($840.00) 38 PROTECT AND SUPPORT EXISTING BURIED POWER CONDUIT BANK LS 1 $3,500.00 $3,500.00 1 $3,500.00 $0.00 39' STORM SEWER INSPECTION EA 4 $330.00 $1,320.00 1 $330.00 ($990,00) 40 SANITARY SEWER INSPECTION LS 61 $330.00 $1,980.00 10 $3.300.00 $1,320.00 41 STREET SWEEPER (WITH PICKUP BROOM) HR 1 20 $64.00 1 $1,280.00 15 $960.00 ($320.00) 43 10" HDPE, DR 11 WATERMAIN - PIPE BURSTING LF 1 11,3201 $91.50 $120,780.00 1285 $117,577.50 ($3,202.501 Subtotal - Base Bid Items S339,906.00 $402,785.75 $62,879.75 Plus Change Order No. 1 (See Table Below) $15,562.87 Total Construction Cost - Base Bid + Change Order No. 1 $404,018.62 Minus Crystal Watermain Piping Costs $7,470.00 Minus Golden Valley Gate Valve Costs $6,860.00 Total New Hope Construction Costs (1) $388,455.75 Chance Order No. 1 Summwv No. Item Comments Amount 1 Plumber for Temporary Water Connections COVID-19 Item- PW Staff could not enter buildings $1,592.59 2 Plumber for Temporary Water Disconnections COVID-19 Item - PW Staff could not enter buildings $1,744.26 3 County Permit - Remove 75' of Center Island Portion Reimbursed by CenterPoint Energy $1,200.00 4 County Permit - Remove Electric Handhole in Island, Wiring Portion Reimbursed by CenterPoint Energy $6,701.02 5 County Permit - Bituminous Patch of Center Island Portion Reimbursed by CenterPoint Energy $4,325.00 Total - Change Order No. 1 $15,562.87 Notes : (1) Waiting for feedback from CenterPoint Energy on Cost Reimbursement Portion for Change Order Items 3, 4, and 5 31 Request for Action February 10, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution awarding a contract to G.F. Jedlicki, Inc. for $339,906.00 for the 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) Requested Action Staff recommends approval of a resolution awarding a contract for a total of $339,906.00 for the replacement of the water main on Winnetka Avenue between 27th and 29th avenues. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background CenterPoint Energy will be replacing the gas main belt line on Winnetka Avenue between 27th and 42nd avenues in spring/summer of 2020. Storm and sanitary structures will be repaired or rebuilt where necessary on Winnetka. Staff plans to work with the city of Crystal on a joint project for the structure repairs. The water main located between 27th and 29th avenues is in deteriorating condition with a history of numerous water breaks as shown on the water break map attached. The ideal time to replace this section of the city's water system is in conjunction with the upcoming CenterPoint project. The city can minimize cost spent on restoration due to CenterPoint planning to re -pave the entire east side of the Winnetka Avenue as part of the belt line replacement project. The replacement of the water main on Winnetka Avenue between 27th and 29th avenues is identified on the city's 2020 CIP. The existing water main will be pipe bursted, a process that involves demolishing the pipe in place by boring through the pipe. A new eight -inch plastic water main will be bored in the same place as the demolished water main. Two alternatives were proposed. Staff felt comfortable using either of the pipe materials bid for pipe bursting, including Alternate number 1- 8" fusible PVC, C-900, DR18 water main pipe bursting and Alternate number 2-10" HDPE, DR11 water main pipe bursting. HDPE is classified by its outside diameter, not inside diameter like PVC and DIP. Including both pipe products resulted in nine competitive bidders. Bids were opened for the 2020 water main replacement on January 23, 2020. Including both pipe products resulted in nine competitive bids. The low bid of $339,906.00 with alternate 2 came from G.F. Jedlicki, Inc., who has worked in the city replacing water main projects previously. This bid compares to the Engineer's Opinion of Probable Cost of approximately $400,000. The Water Fund CIP budget for this project is $400,000.00. I: \ RFA- RESOLUTION \ PUB WORKS\ 2020\ Council \ 1027 Winnetka Water Main \ Awarding Contract Funding Funding for $400,000.00 in water utility improvements is identified in the 2020 CIP. Engineering staff currently estimate the project, including indirect and contingencies, to cost $400,000.00. There is an additional $10,000.00 available in the sanitary utility fund and $25,000.00 in the storm utility fund for the necessary repairs needed on the structures on Winnetka Avenue. CIP Street Infrastructure Fund Engineer's Opinion of Probable Cost Bid Result Base Bid $219,126 Alternate Two (10" HDPE) $120,780 Total Construction Cost $312,800 - $329,900 $339,906 Indirect $62,500 - 65,900 $60,084 Total Budget/Cost $400,000 $375,300 - 395,800 $400,000 Attachments • Resolution • City Engineer's Memorandum ■ Bid Results Letter and Tabulation ■ Project Map • Water Break Map City of New Hope Resolution No. 2020-22 Resolution awarding a contract to G.F. Jedlicki, Inc. for $339,906.00 for the 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) WHEREAS, city staff has identified the need for the replacement of the water main on Winnetka Avenue between 27th and 29th avenues; and, WHEREAS, the water main improvements in this area are identified to follow pavement management strategy adopted by Council; and WHEREAS, plans and specifications for the replacement of the water main on Winnetka Avenue between 27th and 29th avenues Project No. 1027 have been prepared by consultant engineers, Stantec, and approved by Council; and WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with replacement of the water main on Winnetka Avenue between 27th and 29th avenues Project No. 1027; and WHEREAS, the base bid of $339,906.00 from G.F. Jedlicki, Inc. is the lowest responsible bid submitted; and WHEREAS, funding is available in the water utility improvements fund. NOW, THEREFORE, BE IT RESOLVED, 1. That the contract of public improvement project no. 1027, replacement of the water main on Winnetka Avenue between 27th and 29th avenues, is awarded to G.F. Jedlicki, Inc. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hen y6pin County, Minnesota, this 10t'' day of February, 2020. nv- ��7Kd- i� Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Stantec Minneapolis, MN 55402 January28, 2020 File: 193804886 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2020 Winnetka Watermain Improvements Award City Project No. 1027 Dear Bernie, Attached please find the Bid Results Letter on the above referenced project. The Low Bidder on the Project with a Total Base Bid Plus Alternate No. 2 (10" HDPE) was G.F. Jedlicki, Inc. with a Total Amount of $339,906.00. The Low Bidder on the Project with a Total Base Bid Plus Alternate No. 1 (8" Fusible PVC) was Dave Perkins Contracting, Inc. with a Total Amount of $406,899.00. These bids compare to the Engineer's opinion of probable cost of $312,800.00 (10" HDPE) to $329,900.00 (8" Fusible PVC) at the time of approval of plans and specifications. The Capital Improvement Plan (CIP) identified replacement of the existing failing water main on Winnetka Avenue between 27th Avenue North and the City Limit, located north of 29th Avenue North. The 2020 Winnetka Watermain Improvements consists of replacement of the existing 6" and 8" cast iron watermain by the method of pipe bursting. The timing of this project is to align with upcoming CenterPoint Energy gas main replacement and the Hennepin County Mill and Overlay Project along Winnetka Avenue North (CSAH 156). CenterPoint Energy updated agencies on their project status and schedule on January 21, 2020. Pipe bursting was chosen as the alternative for replacement of the failing watermain due to costs associated with open trench replacement of the watermain since Winnetka Avenue North was not being fully reconstructed, the number of existing private utilities, and disruptions to traffic. Staff felt comfortable using either of the pipe materials bid for pipe bursting, including Alternate No.l - 8" Fusible PVC, C-900, DR18 water main pipe bursting and Alternate No. 2 - 10" HDPE, DR 1 water main pipe bursting. Including both pipe products resulted in nine bidders and competitive bidding. The CIP reflected a total project cost budget for the water main improvements, including indirect costs, of $400,000. The Low Bid from G.F. Jedlicki, Inc. with an amount of $339,906.00 for the Total Base Bid Plus Alternate No. 2 (10" HDPE) and including approximately $60,084 for Indirect Costs is $400,000. The Low Bid from Dave Perkins Contracting, Inc. with an amount of $406,906.00 for the Design with community in mind January 28, 2020 Mr. Bernie Weber Page 2 of 2 Reference: 2020 Winnetka Watermain Improvements —Approve Plans & Specifications; Authorize Bidding Total Base Bid Plus Alternate No. 1 (8" Fusible PVC) and including approximately $71,894 for Indirect Costs is $478,800.00. Based on discussions with Public Works Staff in reviewing the bid results and budgets, going with the Low Bid from G.F. Jedlicki, Inc. best meets the CIP Budget. If Council chooses to award the project, this can be done at the February 10, 2020 Council Meeting. The work would be completed in the spring/summer of 2020. If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, Stantec Consulting Services Inc. (a"- "O-� Dan D. Boyum, P.L . City Engineer dan.boyum@stantec.com Attachments: Bid Results Letterand Bid Results Cc: Kirk McDonald, Valerie Leone, Andrew Kramer, Dave Lemke, Shawn Markham, Megan Hedstrom, Matt Rowedder—New Hope; Stacy Woods Jensen Sondrall Persellin & Woods, P.A.; Lucas Miller, Ann Dienhart — Stantec. ® Stantec Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis MN 55402 January 28, 2020 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2020 Winnetka Avenue Watermain Improvements City Project No. 1027 Stantec Project No. 193804886 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2020 Winnetka Avenue Watermain Improvements project on January 23, 2020. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 9 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid + Alternate No. I Fusible Pie Total Base Bid + Alternate No. 2 (HDPE Pipe) Low G.F. Jedlicki, Inc. $410,526.00 $339,906.00 #2 Dave Perkins Contracting, Inc. $406,899.00 $433,299.00 #3 SGP Contracting Inc. $440,065.12 $413,585.92 #4 S.R. Weidema, Incorporated $455,365.75 $455,827.75 #5 Northdale Construction Co. Inc. No Bid $459,591.89 #6 Pember Companies, Inc. $475,828.40 $474,904.40 #7 Min erConstruction Co. Inc. $557,956.35 $511,756.35 #8 Geislinger and Sons $582,940.00 $682,781.53 No Bid $564,377.53 #9 J GM Contracting Inc. The Low Bidder on the Project with a Total Base Bid Plus Alternate No. 2 (HDPE) was G.F. Jedlicki, Inc. with a Total Amount of $339,906.00. The Low Bidder on the Project with a Total Base Bid Plus Alternate No. 1 (Fusible PVC) was Dave Perkins Contracting, Inc. with a Total Amount of $406,899.00. The low bids compare to the Engineer's Opinion of Probable Cost of $312,800.00 (HDPE) to $329,900.00 (Fusible PVC). These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project with the HDPE pipe alternate, then G.F. Jedlicki, Inc. should be awarded the Project on the Total Base Bid Plus Alternate No. 2 (HDPE) Amount of $339,906.00. However, if the City Council wishes to award the Project with the Fusible PVC pipe alternate, then Dave Perkins Contracting, Inc. should be awarded the Project on the Total Base Bid Plus Alternate No. 2 (Fusible PVC) Amount of $406,899.00. 5 January 28, 2020 Page 2 of 2 Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Dan D. Boyum, P.E. Enclosure ® Sta ntec Project Name: 2020 Wlnnetka Avenue Walermaln Improvements I hereby certify that this is an exact reproduction of bids received. City Project No.: 1027 Bid Opening: Thursday, January 23, 2020 at 10 A,M., CDT Bidder No. 1 BID TABULATION G.F. Jedncki, Inc. Stantec Project No-: 193804886 n 7f/ Owner: City of New Hope, Minnesota Dan D Boyum, PE License No 23451 Bidder No. 2 Bidder No. 3 Bidder No. 4 Dave Perkins Contracting, Inc. SGP Contracting Inc. S.R. Weldema, Incorporated Item Num Hem Units Oty Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 BASE BID; MOBILIZATION LS 1 $10,000.00 $10.000AO 535,500.00 $35,500-00 $19,792.31 $19,792.31 $22,50000 $22,50000 2 TRAFFIC CONTROL LS 1 $8,000.00 38J7U OO $8,500.00 S&50040 $27,858.00 $27,858.00 $7,500.00 $7,500.00 3 TEMPORARY SIGNS SF 75 $32-00 $2A00-00 $32.00 $2,400.00 $26.01 $1,950-75 $29.00 $2,17SA0 4 INLET PROTECTION EA 14 $250.00 S3.500-00 $250.00 $3,500.00 $550.00 $7,700.00 $498.00 $6,972A0 5 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF 810 $4.00 WAO.D0 $3.50 $2,835.00 $2.32 $1,879.20 $4.50 $.7164SA0 6 REMOVE BITUMINOUS PAVEMENT (FULL DEPTH) SY 350 $7.00 $2,450-00 $12.00 $4,200,00 $9.30 $3,25S.00 $18.50 $6,475.00 7 REMOVE CONCRETE CURB & GUTTER LF 125 $8.00 $1,000.00 $5.00 $625A0 $7-40 3925.00 $7.75 3968-75 B REMOVE GATE VALVE EA 7 $500.00 $3,500.00 $350.00 $2,450.00 $50000 $3,500.00 $1,075.00 $7,525.00 9 REMOVE CONCRETE SIDEWALK SF 550 $1.00 $550.00 $3.50 $1.925.00 $1.33 $731.SO $2.60 $1.430,00 10 REMOVE WATERMAIN PIPE LF 200 $10.00 $Zo00A0 $10.00 $2.000.00 $1 00 S2D0.00 $49.50 S9,900A0 11 REMOVE WATER SERVICE PIPE LF 27 $10.00 5270J30 $B00 3216AO $10-00 $270-00 $385-00 $10,395A0 12 TEMPORARY WATER SERVICE LS 1 $11,000A0 $11A00.00 338,000.00 $118,000A0 $27,450,00 $27,45D.00 $15,000.00 $15.000.00 13 4" INSULATION SY 25 $40.00 $1.00,00 $3800 $950.00 334.19 $854,75 $75.00 $1,075.00 14 1" TYPE K COPPER WATER SERVICE LF 27 $41.00 $1.707,00 $38.00 $1,026.00 $52.21 $T,409.67 $520.00 $14,0 0.00 15 1.5'TYPE KCOPPER WATER SERVICE LF 5 $49,00 $24SA0 $4000 $200.00 $52.21 $261A5 $320.00 $1,6=D0 16 6' PVC WATERMAIN PIPE LF 124 $95.00 $11.780.00 $65.00 $8.060.00 $140.75 $17,453A0 $230-00 $28,52D.00 17 8" PVC WATERMAIN PIPE LF 41 $105,00 14,305-00 $75,00 53,075.00 $84.51 $3,464.91 $125,00 $5,125.D0 18 CONNECT TO EXISTING WATERMAIN EA 8 $3,000.00 424A00.00 $1,200.00 $9.600.00 $1,761.51 $14,092.00 $3.500-00 $2BALGAO 19 CONNECT TO EXISTING WATER SERVICE EA 10 $450.00 S4.50D.00 $350.00 S3,S00,00 5649.73 $6,49730 $1,130.00 $11=.Do 20 HYDRANT INSTALLATION EA 1 $7,500,00 $7.500.00 $5,200,00 WIM-00 $7,846.20 $7,&t6,20 $11,000.00 $11low 00 21 6" GATE VALVE AND BOX EA 1 $2,900.00 $2.9C0,00 $1,200.00 $11100.00 $2,690,26 $2.690.26 $2,100.00 $2,1DOAO 22 8" GATE VALVE AND BOX EA 4 $3,860.00 $15,440.00 $1,800,00 S7.200JDD $3,150.40 $12,601.60 $2,80000 $11-WO.00 23 1" CORPORATION STOP EA 9 $500.00 $4,5M,00 $475.00 S4.275A0 $471.11 $4.239.99 $220 00 $1.980-00 24 1,5' CORPORATION STOP EA 1 $600.00 $"= $650.00 3650AO $668,31 $668,31 $350.00 $35ODD 25 WATER SERVICE SADDLE EA 10 $150.00 $IAOAO $250.00 $Z500.00 $585.99 $5,8, 50 $69000 $619DR00 26 DUCTILE IRON FITTINGS LB 882 $14,00 $12.349-00 $6.00 U.MiDD $8.47 37.470,54 $1250 $11,025.00 27 REPAIR SANITARY SEWER EA 5 $500.00 $2,500.00 $2,500.00 S12.500A0 $639.54 $3,197.70 $2,660.00 $13.300.00 28 AGGREGATE BASE, CLASS 5 TN 315 $28.00 $0.820.00 $26.00 $8,19on $39.64 $12.486.60 $4200 $13,23040 29 BITUMINOUS MATERIAL FOR TACK COAT GAL 16 $11.00 $176.00 $5.00 $80A0 $10.00 $i60JD0 $10.00 $16A00 30 TYPE SP12.5 BITUMINOUS WEARING COURSE MIXTURE 14,C) TN 81 $225.00 ST8,225.00 $150.00 $12,150.00 $205.00 $16,E05.G0 3200.00 $16=,00 31 TYPE SP 12.5 BITUMINOUS NON -WEARING COURSE MIXTURE (4,C) TN 110 $225.00 524.750.D0 $150.00 $16.500.00 $205.00 $22.550-90 $185-00 $20.350-00 32 B618 CONCRETE CURB & GUTTER LF 125 $40.00 $S.M.00 $39.00 $4,167S.00 $38.43 $4,803.75 $49-50 $6,187.50 33 4" CONCRETE WALK SF 550 $13.00 $7,1$0.00 $12.00 36.600.00 $14.24 $7,832A0 $1375 $7,562.50 34 TOPSOIL BORROW (LV) CY 5 $38,00 $T90.00 $25.00 $125.00 $50.00 $25000 $75.00 $375,DD 35 SEED WITH HYDROMULCH SY 50 $26.00 31MDJDO $13.00 4650.00 $50-00 $2,500.00 $25.00 $1,250.00 36 BIO-LOG,TYPE WOOD FIBER LF 200 $6.00 $1=.DO $3.00 $600.00 $10.00 W.0. -00 $350 $=M 37 EXPLORATORY DIGGING HR 15 $140.00 $Z100.DO $250.00 $3, 750 Do $377.33 $5,659 95 $910.00 $13,650.00 38 PROTECT AND SUPPORT EXISTING BURIED POWER CONDUIT BANK LS 1 $3,500.00 $3,500,DD $10,000.00 $10,000.00 $19,100.00 $19,100.00 $10,250,00 $10,250.00 39 STORM SEWER INSPECTION EA 4 $330.00 $1.32t1-i1Q $750.00 $3,000.00 $315.00 $1,260.00 1300.00 $1,200.00 40 SANITARY SEWER INSPECTION EA 6 $330.00 $1.980,00 $750,00 .SOXI0.00 $315.00 $1,890,00 $300.00 $1,800.00 41 STREET SWEEPING (WITH PICKUP BROOM) HR 20 564,00 $1,280.00 $175.00 $3,500.00 $165.00 $3,300.00 $125.00 $2.wo 3O TOTAL BASE BID S219,126AU sm.099All =4642 5330,515.75 193e04M6 Bid Tab BT-1 BID TABULATION Rem Num Rem Units Oty ALTERNATE NO. 1 42 8" FUSIBLE PVC, C-900, DR18 WATERMAIN- PIPE BURSTING LF 1320 TOTAL ALTERNATE NO. 1 ALTERNATE NO. 2 4-3 10" HDPE, DR 11 WATERMAIN - PIPE BURSTING TOTAL ALTERNATE NO. 2 BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1 TOTAL BASE BID + TOTAL ALTERNATE NO. 1 TOTAL BASE BID TOTAL ALTERNATE NO. 2 TOTAL BASE BID + TOTAL ALTERNATE NO.2 1320 Contractor Name and Address' Phone: Email: Signed By Title: Signed Responsible Contractor Certificate: Bid Security: Addenda Acknowledged: Bidder No. 1 G.F. Jedlckl, Inc. Bidder No. 2 Dave Perldns Contracting, Inc. Bidder No. 3 SGP Contracting Inc. Bidder No. 4 S.R. Weldema, Incorporated Unit Price Total Unit Price Total Unit Price Total Unit Price Total $14500 $1913Dr00 $125.00 $165-D00.00 $117-84 $155,541W $88.75 5117,150.00 $191,400.130 $165,000.00 S155.546.90 $117,1%00 $91.50 $120.780.00 $145.00 $191,4D0.00 $97-78 $129.069.60 $89,10 $117,612,00 S120,700,00 $191,401100 5129,069.60 S117,612Jf0 $219,126-00 5241,899.00 $264516.32 $338.215.75 S 191,400.00 S 16S M.00 5135,S4B30 $117,160,00 $410,526.110 5406,899.00 $W'065.12 $455.365,75 $219,126.00 $241,899.00 $264,516.32 533.8.215.75 $120,790.00 S191.400.00 $129,069.60 5117,612.00 $339,906.00 $4.13"9.GU 6413,685.92 545S,827.75 G.F. Jedlicki, Inc, bave Perkins Contracting, Inc SGP Contracting Inc. S.R, Weidema, Incorporated 2471 Galpin Ct. *110 19745 Nowthen Blvd NW 1462 Dayton Ave 17600 113th Ave N Chanhassen, MN 55317 Nowthen, MN 55303-9655 Si. Paul, MN 55104 Maple Grove, MN 55369 (952J 937-7272 17631 427-0109 165T) 644-1604 1763) 428-9110 jed1i1-QDrn roerk66(aamail.cam ierrysopcontractinoCaN mal l.cam eslimatingO-srwedema. om Jemr Schurhamer Ganett-ledlicki Rene Perkins SCotl Weidema President President President President Yes Yes Yes Yes Bid Bond 1 Bid Bond 1 Bid Bond I Bid Bond 1 193804886 Bid Tab BT-2 Project Name: 2020 Wlnnetka Avenue Watermaln Improvements ® Sta ntec Bidder No. 5 Bidder No. 6 BID TABULATION Nodhdole Construction Co. Inc. Pember Companies Inc. Bidder No. 7 Bidder No. 8 Minger Construction Co. Inc. GelslInger and Sons Item Num Item Units Qty Unit Price Total UnB Price Unit Price Total Unit Price Total 1 Not No MOBILIZATION LS 1 $20,120.00 $20,120,00 $27,775.00 $27,775.00 $40,000.00 $40.000.00 $25,000.00 S25.m= 2 TRAFFIC CONTROL LS 1 $10,937.50 SlIX937.50 $12,000.00 $12A00-DO $9,000-00 $9,ODD.DD $20,D00.00 S20.lXOJDG 3 TEMPORARY SIGNS SF 75 $32,63 $1441,25 $30.00 $2.2SQA0 $32.30 $2.422.50 $35.00 $2.625A0 4 INLET PROTECTION EA 14 $425.00 $5.950-00 $115.00 $1,610,W $102.00 $1.428.00 $20000 $2,80001 5 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF 810 $6.75 $5,4d7.50 55.00 $4.950A0 $2.05 $1.660.50 $500 S4,05040 6 REMOVE BITUMINOUS PAVEMENT (FULL DEPTH) SY 350 $1850 $6.475A0 $14.00 $4,900A0 $12.20 54,270.00 $6-00 $2.100-00 7 REMOVE CONCRETE CURB 8 GUTTER LF 125 $9.50 $1,18730 $8.00 $IADD,00 $7.55 3943,75 $10.00 $1,250.00 8 REMOVE GATE VALVE EA 7 $625.00 S4X&00 $1,400.00 $9.800.00 $1,000.00 $7.000.00 $1,60000 $11.200.p0 9 REMOVE CONCRETE SIDEWALK SF 550 $1.75 S962.50 $2.10 $1,155.00 $5.00 32.750,DD $3.00 $1.650.00 10 REMOVE WATERMAIN PIPE LF 200 $12.50 $2500-40 $40.00 $8ADDAD $30.00 $6,000A0 $3.00 $600.00 11 REMOVE WATER SERVICE PIPE LF 27 $11.50 $310.50 $40.00 $1,080.D0 $92.00 $2,484.00 $3.00 $81,OD 12 TEMPORARY WATER SERVICE LS 1 325,050.00 $25,05D.00 $18,000.00 516.000,00 $21,000.00 $21,000.00 $25,000.00 $25AOOA0 13 4" INSULATION SY 25 $26.13 4653.25 $57.00 $1.425.00 $19.00 $475.00 $50.00 $1,25OA0 14 1" TYPE K COPPER WATER SERVICE LF 27 $105.04 S2,83648 $150,00 $1,050.00 $4.50 $121.50 $3600 $972,00 15 1.5" TYPE K COPPER WATER SERVICE LF 5 $136.32 $681 AD $150.00 $750A0 $145.00 $725,00 $4000 $200,00 16 6" PVC WATERMAIN PIPE LF 124 $217.54 $24,974.96 $130.00 $16,120.00 $321.00 $39,804.00 3175.00 $21,700.00 17 8" PVC WATERMAIN PIPE LF 41 $136.61 $5,601.01 $130.00 S5.330.00 $150.00 $6,150.00 $200.00 $8.200.00 18 CONNECT TO EXISTING WATERMAIN EA 8 $4,75239 $38,019.12 $3,650.00 $29.2L16A0 $2,250.00 $18,000.00 $4,000.00 $32000.00 19 CONNECT TO EXISTING WATER SERVICE EA 10 $2,30000 523=00 $1,500,00 515,000.00 $3,000.00 $3D.000,D0 $50,00 5500.00 20 HYDRANT INSTALLATION EA 1 $9,091,47 $9,091.47 $6,000.00 $6.000.00 $15,000.00 $15,000A0 $12,000,00 $12.0DDA0 21 6" GATE VALVE AND BOX EA 1 $1,91224 $1,91224 $2,000.00 $2,(A70,00 $2,115,00 $2,115.00 $1,500,00 $1,500.00 22 8" GATE VALVE AND BOX EA 4 $2,954.00 $11,B16A0 $2,400.00 $9.600,00 $3,655.00 $10620.00 $2,000.00 $8=00 23 1" CORPORATION STOP EA 9 $920-70 $8.286.30 3700.00 $6,300.0D $78,65 $707$S $100-00 $90D.00 24 1.5" CORPORATION STOP EA 1 $1,01755 $1,017.55 $800.00 $500100 $1,010.50 $1,010,50 $250.00 3250.00 25 WATER SERVICE SADDLE EA 10 $218-41 $2,184.10 $200.00 $2A00.40 $750.00 $7,%0-00 $5,500-00 $55.000.00 26 DUCTILE IRON FITTINGS LB 882 $9-14 $8,061.48 $9.50 $8,379.00 $14.25 $12.56B-50 $10-00 $8,820.D0 27 REPAIR SANITARY SEWER EA 5 $4,50000 $2Z500.DD $2,000.00 $10,000.00 $1,250.00 U250DO $500.00 $2.W0A0 28 AGGREGATE BASE, CLASS 5 TN 315 $78 33 $24,673.75 $53.00 $16,695.00 $61.65 $19,419.76 $30-00 $9.454A0 29 BITUMINOUS MATERIAL FOR TACK COAT GAL 16 $1125 $180.00 $10.65 $17DA0 $10.50 $168A0 $12.00 $T9ZW 30 TYPE 5P 12.5 BTUMINO US WEARING CO URSE MIXTURE 14,C) TN 81 $230.63 $18,681.03 $185.00 $14,985.00 $205,00 $16.605.00 $210-00 $17,01DAO 31 TYPE SP 12.5 BITUMINO US NO N-WEAR ING COURSE MIXTURE(4,C) TN 110 $230.63 $25.36930 $226.00 $24,860.00 $175.00 S19,250.00 $195.00 S21ASOW 32 B618 CONCRETE CURB 8. GUTTER LF 125 $41.06 $5,132-50 $34.00 $4.259,00 $55.70 $6.962-50 $42.00 $51250,00 33 N'CONCRETEWALK SF 550 $14,86 $8,173.00 59.20 $51=,C0 $13.10 $7.205A0 $16.00 WO0.0O 34 TOPSOIL BORROW JLV) CY 5 $75-00 $375.00 $100.00 $=.Do $170.00 SB50.00 $100-00 3500A0 35 SEED WITH HYDROMULCH SY 50 $15.00 S750.00 $15.00 575D.00 $30.70 $1.535.DD $30,00 $1.500A0 36 BIO-LOG,TYPE WOOD FIBER LF 200 $6.50 $1.3w.00 54.20 5840.00 $4.30 $860.00 $5,00 $1.DOOAD 37 EXPLORATORY DIGGING HR 15 $475.00 37,123.00 $400-00 $6,000,00 $455.00 SdA25.00 $1,000.00 $15.000.00 38 PROTECT AND SUPPORT EXISTING BURIED POWER CONDUIT BANK LS 1 $4.750.00 SL750A0 $20,000.00 $20ADO,00 $25,000.00 $75,OD0.00 $5,000.00 S5.000.00 39 STORM SEWER INSPECTION EA 4 $337.50 $1.350.00 $320.00 $1.280A0 $1,853.00 $7.412,00 $2,000.00 $8.000.00 40 SANITARY SEWER INSPECTION EA 6 $337.50 S2.025.00 $320.00 $1.920.00 $1,853.00 $11.1lam $50000 $3AD0.00 41 STREET SWEEPING (WITH PICKUP BROOM) HR 20 $165.00 $3,300.00 $13500 $2700A0 $127,00 $2,540.D0 $150-00 $3AD0.D0 TOTAL BASE BID $351.60169 $300-9d.AO $379,756.35 $3aOM-00 19380486 Bid Tab BT-3 BID TABULATION Item Num Item Units Oly ALTERNATE NO. 1 42 B" FUSIBLE PVC, C-900, DR18 WATERMAIN - PIPE BURSTING TOTAL ALTERNATE NO. 1 ALTERNATE NO. 2 4.3 10" HDPE, DR 11 WATERMAIN - PIPE BURSTING TOTAL ALTERNATE NO. 2 BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1 TOTAL BASE BID + TOTAL ALTERNATE NO. 1 TOTAL BASE BID TOTAL ALTERNATE NO. 2 TOTAL BASE BID + TOTAL ALTERNATE NO. 2 LF 1320 Contractor Name and Address: Phone: Email: Signed By Title: Signed Responsible Contractor Certificate: Bid Securily: Addenda AcknovAedged: Bidder No. 5 Nodhdale Construction Co. Inc. Bidder No. 6 Pember Companies Inc. Bidder No. 7 Minger Construction Co. Inc. Bidder No. B Gehlinger and Sons Unit Price Total Unit Price Unit Price Total Unit Price Total $16i.:'•::- $13500 $178,200.00 $177.00 1233.640A0 SD.DD 5167.2U.0 $17a.21W.00 $n3,64D40 $8181 i :'-...- $12600 $166,320.00 $10000 $132.0w.00 $0.00 $0.0D $107.989.�a 3166,320.90 5132,OOD.00 $0.00 Wo $308.5a4.40 $379,M1,15 $349,300.00 .U11111 5167".00 $176,200.00 5233,640-1110 50.00 $475.828.40 55$7,966.$5 $SBX940.00 SUTAM69 $308,584.40 $379,756.35 $8.811 $I07,9'8 V $166,32DA0 $132.0m.00 $0,00 54W"'[W 5474,W40 $S11.F ES so= Nodhdala Construction Co. Inc Pember Companies Inc. Mnger Construction Cc Inc Geisiv-ger 8 Sons 9760 71 st St. NE N4449 469th St 62D Corporate Dr 511 Central Ave S AlberivlBe, MN 55301 Mehommie, WI 54751 Jordan. MN 55352 Woikea. MN 55389 17631 428-4868 (715) 235-0316 1952) 368-9200 {320) 764-2006 phillAnorthdgle=nsl.com bpembercompanies.cam ILlkem min eroonsl arn 0rt2geslinnerandsons,cam Jeff Geislinger Philip Lesnar Brent Pember Lvke Minger President Presidenl President Preydenr Yos Yey Yes Yes Bid Bond Bid Bond Bid Bond Bid Bond I I 193804886Bid Tab BT-4 Project Name: 2020 Wlnnefka Avenue Wafermaln Improvements ® Stantec Bidder No. 9 BID TABULATION GM Contracting Inc. Item Num Item Units City 1 Unit Price Total 1 MOBILIZATION LS 1 $97,850.00 $97.850.00 2 TRAFFIC CONTROL LS 1 $66,200.00 366,200.00 3 TEMPORARY SIGNS SF 75 $40,00 $3.wno 4 INLET PROTECTION EA 14 $225.00 $3,150.00 5 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF 810 $6.50 $5,265A0 6 REMOVE BITUMINOUS PAVEMENT [FULL DEPTH) SY 350 $7.63 52,670.59 7 REMOVE CONCRETE CURB &GUTTER LF 125 $5,00 $625JDO 8 REMOVE GATE VALVE EA 7 $450.00 $3,150.00 9 REMOVE CONCRETE SIDEWALK SF 550 $1.61 $885,50 10 REMOVE WATERMAIN PIPE LF 200 $3.00 5600.00 11 REMOVE WATER SERVICE PIPE LF 27 $1-00 $27.00 12 TEMPORARY WATER SERVICE LS 1 $26,500.00 3261SE10.00 13 N' INSULATION SY 25 $20-00 $500.00 14 1" TYPE K COPPER WATER SERVICE LF 27 $41,59 $1,122.93 15 1,5"TYPE K COPPER WATER SERVICE LF 5 $53.95 $269.75 16 6" PVC WATERMAIN PIPE LF 124 $94,87 $11.763.88 17 8" PVC WATERMAIN PIPE LF 41 $110 30 $4,522.30 18 CONNECT TO EXISTING WATERMAIN EA 8 $4,780 10 SX240.80 19 CONNECT TO EXISTING WATER SERVICE EA 10 $84223 $8.422.30 20 HYDRANT INSTALLATION EA 1 $5,867-49 $5,867-49 21 6" GATE VALVE AND BOX EA 1 $3,241 39 $3,241.39 22 8" GATE VALVE AND BOX EA 4 $3,799.91 $15,199.64 23 1" CORPORATION STOP EA 9 1622-17 $5,599.53;. 24 1,5" CORPORATION STOP EA 1 $718.78 $718.78 25 WATER SERVICE SADDLE EA 10 $839,58 $8.395.801 26 DUCTILE IRON FITTINGS LB 882 $16,92 $14,923.44 27 REPAIR SANITARY SEWER EA 5 $1,719-99 $8,599.95 28 AGGREGATE BASE, CLASS 5 TN 315 $38.32 $12MO-80 29 BITUMINOUS MATERIAL FOR TACK COAT GAL 16 $10.00 ST60.00 30 TYPE SP12.5 BITUMINOUS WEARING COURSE MIXTURE 14,C) TN 81 $205.00 $16.605.D0 31 TYPE SP12.5 BITUMINOUS NON -WEARING COURSE MIXTURE (4,C) TN 110 $205-00 W550-00 32 B618 CONCRETE CURB & GUTTER LF 125 $50.00 $&250.00 33 N' CONCRETE WALK SF 550 $11.00 $6,057.00 34 TOPSOIL BORROW JLV) CY 5 $50.00 $250.00 35 SEED WITH HYDROMULCH SY 50 $15.00 37SOM 36 BIO-LOG,TYPE WOOD FIBER LF 200 $3.00 $60 z 37 EXPLORATORY DIGGING HR 15 $445.65 $6.684-75 38 PROTECT AND SUPPORT EXISTING BURIED POWER CONDUIT BANK LS 1 $1,500.00 $1.500.00 39 STORM SEWER INSPECTION EA 4 $500.00 $2D00.00 40 SANITARY SEWER INSPECTION EA 6 $500.00 33,0M= 41 STREET SWEEPING (WITH PICKUP BROOM) HR 20 $150-00 j3.000.00 TOTAL BASE BID 5418,781.53 193804886 BW Tab ST-5 BID TABULATION Rem Num Rom ALTERNATE Na 1 42 B" FUSIBLE PVC, C-900, DR18 WATERMAIN - PIPE BURSTING TOTAL ALTERNATE NO. 1 ALTERNATE NO. 2 4.3 10" HDPE, DR 11 WATERMAIN - PIPE BURSTING TOTAL ALTERNATE NO.2 BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1 TOTAL BASE BID +TOTAL ALTERNATE NO. 1 TOTAL BASE BID TOTAL ALTERNATE NO. 2 TOTAL BASE BID +TOTAL ALTERNATE NO.2 Bidder No. 9 GM Contracting Inc. Units Qtv Unit Price Total LF 1320 3200.00 $264.ODD.00 $2"AMIX LF 1320 $110.30 $145.596.00 $145.S96.00 Contractor Name and Addrew GM Contracting Inc. 19810 515th Ave Lake Crystal, MN 56055 Phone: 15071726-6433 Email: morecrouulea®orncanlra Signed By Sue Haraan Title: P103denl Signed Responsible Contractor Cerlificale: Yes r Bid Security: ilid Bond Addenda cknowledged! I 5418.781.53 $264,000.00 $61IZ781.53 $418,781.53 $145.596.D0 1936a9Be6—Bid Tab BT-6 1 - f — 1 30TH AVE N _` a� .�,•.,� " .;F•�s= CITY OF CRYSTAL �rr MIlmIlmnoll mil AnAllmli■II all upplia11m11 afixim llo1111lullmll■1�loll 110111011!lllo hall ■11AILAPA1 Oil 011NII loll Ell 111 Eller 11 lolll1 10111�oll 01101 1r.m.1■ _ CITY OF NEW HOPE _ 29TH AVE N% �' J, : ' PROJECT LOCATIONrio— .. .�+zMt^1f f 1' Imo-` �r*, �� �' •r,� t i 28TH AVE N 4 TERRA LINDA DR * F ILTERRA .. 1.0 j _ ~ u) R 1* + r grpF4+1 U ' ■ k z 7.. r LLJ ss J3 _ .� �'x_ I • >Q _R . n .- z �cr CITY OF NEW HOPE i 191101 lollull■il all Ali mllmllallallalloil Elio ii all■11allull m11 oil Nil M11■ 111milmll wllmll all loll wllmllwllall all■ilmil Nil rlllollfll■II■IIEII ■Il lollloll■ll■1 27TH AVE N CO RD 70 CITY OF GOLDEN VALLEY N —. z PROJECT LOCATION o ioo zoo CITY OF NEW HOPE, MN FIGURE: 1 2020 WINNETKA WATERMAIN IMPROVEMENTS PROJECT Stantec 733 Merquelle Avenue. Suilc 1000 Minneapolis, MN 55402 DATE 11/19/2019 PROJ. NO. 193804886 wwasl°nree.e°m 29th Avenue 28th Avenue + 20-01 - 2010 + 1991 - 2GOO -f- '198,1 - 1990 u r +� 27th Avenue Water Main Break History on Winnetka. 11 water breaks between 27th and 29th avenues. Terra Linda Drive JENSENSONDMLL PERSELLIN&WOODS ■ P.A., ATTORNEYS AT LAW GORDON L. JENSEN' MELANIE P. PERSELLIN',' STEVEN A. SONDRALL ,STAcr A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association ZLicensed in Illinois/Colorado 30ualified Neutral Mediator under Rule 114 March 13, 2020 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 s TELEFAX (763) 493-5193 www.jspWaw.com Writer's Direct Dial No.: (763) 201-0205 e-mail saw@ispwlaw.com personal delivery Re: 2020 Winnetka Avenue Watermain Improvements City Project No. 1027 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract with G.F. JEDLICKI, 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. Please call me if you have any questions. Sincierely, Stacy A. Wq�ds, Assistant City Attorney, City of New Hope Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Dan Boyum, City Engineer R: Attomey\SAS\1 Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone Itr - 2020 Winnetka Avenue Watermain Improvements - Project 1027.docx 3%13/2020 Business Filing Details Business Record Details» Minnesota Business Name G.F. JEDLICKI, INC. Business Type Business Corporation (Domestic) File Number 1193280-2 Filing Date 01/13/2005 Renewal Due Date 12/31/2020 Number of Shares 2,500 Chief Executive Officer Garrett Jed licki 2471 Galpin Court Suite 110 Chanhassen, MN 55317-5531 United States MN Statute 302A Home Jurisdiction Minnesota Status Active / In Good Standing Registered Office Address 14203 W 62nd Str Eden Prairie, MN 55346 USA Registered Agent(s) (Optional) Currently No Agent Principal Executive Office Address 2471 Galpin Court #110 Chanhassen, MN 55317 USA https://mblsportal.sos.state.mn.usIBusiness/SearchDetails?filingGuid=7aa8Ocdf-8ad4-e011-a886-001 ec94ffe7f 1 /2 Business Filing Details Filing History Filing History Select the item(s) you would like to order: Order selected Copies Filing Date Filing 01/13/2005 Original Filing- Business Corporation (Domestic) 01/13/2005 Business Corporation (Domestic) Business Name (Business Name: G.F. JEDLICKI, INC.) 01/09/2008 Administrative Dissolution - Business Corporation (Domestic) 03/03/2009 Annual Reinstatement - Business Corporation (Domestic) 8/1/2012 Administrative Dissolution - Business Corporation (Domestic) 3/23/2013 Annual Reinstatement - Business Corporation (Domestic) 2/27/2017 Administrative Dissolution - Business Corporation (Domestic) 3/1/2017 Annual Reinstatement - Business Corporation (Domestic) © 2020 Office of the Minnesota Secretary of State - Terms & Conditions Effective Date ® Subscribe for email updates! https://mbisportal.sos.state.mn.usIBusiness/SearchDetails?filingGuid=7aa8Ocdf-8ad4-e011-a886-001 ec94fe7f 2/2 March 17, 2020 Mr. Garrett Jedlicki G.F. Jedlicki, Inc. 2471 Galpin Ct. #110 Chanhassen, MN 55317 SUBJECT: 2020 Winnetka Watermain Replacement - Project 1027 At its meeting of February 10, 2020, the New Hope City Council approved the contract with your company for project 1027 for $339,906. 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 Dan Boyum with Stantec at 612-712-2021 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Dan Boyum, city engineer Bernie Weber, public works director CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Page 1 of 1 Affidavit of Publication CITY OF NEW HOPE STATE OF MINNESOTA ) ADVERTISEMENT FOR BIDS (SS. Sealed Bids will be received by the COUNTY OF HENNEPIN ) City of New Hope, Minnesota, in the Description: 2020 Winnetka Avenue Watermain Improvements - City Hall Council Chambers at 4401 City Project No. 1027 Xylon Ave N, until 10 AM., CST, Wednesday, January 23, 2020, at which time they will be publicly opened and Kelsey Broadwell being duly sworn on oath say she/he is and read aloud for the furnishing of all labor, materials, and all else necessary for the during all times herein stated has been the publisher or the publishers designated following: agent in charge of the newspaper known as 2020 Winnetka Avenue Watermain Improvements - City�ject Finance and Commerce (MN) =Z 222 South 9th St, Suite 2300, Minneapolis, MN 55402 In general, Work consists of the following approximate quantities: and has full knowledge of the facts herein stated as follows: 125 LF 6" PVC Water Main (Directional Drill pipe burst or Open (A) The newspaper has complied with all of the requirements to constitute a Trench) qualified newspaper under Minnesota law, including those requirements found in 200 SY Remove Bituminous Pavement Minnesota Statute Section 331A.02.. 150 CY Common Excavation (B) She/He further states on that the printed 150 TN Class 5, Aggregate Base 100 TN Bituminous Street Patch Construction 50 LF Concrete Curb & Gutter 11831836 250 SF 4" Concrete Sidewalk 20 SY Hydromulch with Seed hereto printed as it was printed and published there in the English language; that 10 EA Connect Ex. Copper Service it was first so published on Alternate No. 1: 1350 LF 8" Fusible PVC C-900 DR18 January 02, 2020 for 2 time(s): Water Main, Pipe Burst Alternate No. 2: the subsequent dates o publications being as Mows: 1350 LF 10" HDPE DR11 Water Main, Pipe Burst Thu, January 2, 2020 Thu, January 9, 2020 Along with miscellaneous utility improvements, removals, restoration, traffic control and correlated appurte- nances. Complete digital Bidding Documents And that the following is a printed copy of the lower case alphabet from A to Z, are available at www.questedricom for both inclusive, and is hereby acknowledged as being the size and kind of type $20 by inputting QuestCDN eBidDoe used in the composition and publication of said notice, to wit: #6611733 on the website's Project Search page. Paper Bidding Documents x abedcTijklmnopgrstuvwxyz may also be viewed at the City of New abcd. — 111'kklmttopgrsiuvwxyz Hope and at Stantee, 733 Marquette Avenue, Suite 1000, Minneapolis, MN Mortgage Foreclosure Notices (effective 7/1/2015). Pursuant to Minnesota Statutes §580.033 55402, (612) 712-2000. relating to the publication of mortgage foreclosure notices: The newspaper's known office of Direct inquiries to Engineer's Project slue is located in HgprL n County. The newspaper complies with the conditions described Manager, Ann Dienhart, at (612) in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in 712-2034. the comity adjoining the county where the mortgaged premises or some part of the mortgaged Bid Security in the amount of 5 premises described in the notice are located, a substantial portion of the newspaper's percent of the amount of the Bid must circulation is in the latter county. accompany each Bid in accordance with ----7 r` the Instructions to Bidders.yr f The Owner reserves the right to retain r the deposits of the 3 lowest Bidders for a Subscribed and period not to exceed 60 days after the date and time set for Sworn to before me this '1t 1 day of January, 2020 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 (Notarial Seal) Notary Public, Hennepin County, MinAsota to the best interests of the Owner. Kirk McDonald ALYSSA E. HANSEN City Manager City of New Hope, Minnesota M0 �� M (Published in MyContmiwlon a IF' pn 31, 2022 Finance and Commerce January 2, 9, 2020) 11831836 RATE INFORMATION: 1. Lowest classified rate paid by $ 16.0000 commercial users for comparable space: 2. Maximum rate allowed by law for the above $ 0.44400 matter: 3. Rate actually charged for the above matter: $ 0.4036 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Brandi Botts 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 01/02/2020 and the last insertion being on 01/02/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 01/02/2020 by Brandi Botts. a�hmc"r-fL Notary Public Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 1005124 CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall Council Chambers at 4401 Xylon Ave N, until 10 A.M., CST, Wednesday, January 23, 2020, 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: 2020.W[rin,eAkaAMenue WRtermajn Improvemonts—CUProject No. 1027 In general, Work consists of the following approximate quantities: 125 LF 6" PVC Water Main (Directional Drill pipe burst or Open Trench) 200 SY Remove Bituminous Pavement 150 CY Common Excavation 150 TN Class 5, Aggregate Base 100 TN Bituminous Street Patch 50 LF Concrete Curb & Gutter 250 SF 4" Concrete Sidewalk 20 SY Hydromulch with Seed 10 EA Connect Ex. Copper Service Alternate No. 1: 1350 LF B" Fusible PVC C-900 DR1 B Water Main, Pipe Burst Alternate No. 2: 1350 LF 10" HDPE DR11 Water Main, Pipe Burst Along with miscellaneous utility improvements, removals, resto- ration, traffic control and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn. com for $20 by inputting QuestCDN eBidDoc #6611733 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 Avenue, Suite 1000, Minneapolis, MN 55402, (612) 712-2000. Direct inquiries to Engineer's Project Manager, Ann Dienhart, at (612) 712-2034. 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 January 2, 2020 1005124 Project Manual For 2020 Winnetka Avenue Watermain CONTRACT ' VOCU Improvements Prepared for - City of New Hope, Minnesota City Project No. 1027 f Stantec January 2020 Stantec Project No. 193804886 DOCUMENT 00 91 13 ADDENDUM 1 2020 WINNETKA AVENUE WATERMAIN IMPROVEMENTS PROJECT NO. 193804886 NEW HOPE, MINNESOTA January 16, 2020 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 (612) 712-2000 - General Office (612) 712-2034 - Ann Dienhart, 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 © 2020 Stantec 1 193804886 0091 13 - 1 DOCUMENT 00 11 13 - ADVERTISEMENT FOR BIDS 1. In the first sentence, change the Bid Opening to 10 A.M., CST, Thursday, January 23, 2020. LIST OF ATTACHMENTS 1. None. END OF DOCUMENT ADDENDUM 1 © 2020 Stantec 1193804886 0091 13 - 2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 1 Dan D. Boy4V. 49 Date: January 2, 2020 License # 23451 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2020 Stantec 1 193804886 0001 05 - 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 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 Division 02 - Existing Conditions 0241 13 Selective Site Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 23 13 Subgrade Preparation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 1201 Flexible Paving for Municipal Projects 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters TABLE OF CONTENTS © 2020 Stantec 1193804886 0001 10- 1 32 92 00 Turfs and Grasses Division 33 - Utilities 3301 44 Pipe Bursting 33 05 05 Trenching and Backfilling 33 05 17 Adjust Miscellaneous Structures 33 10 00 Water Utilities 33 12 12 Water Services 3331 14 Sanitary Sewer Services END OF SECTION TABLE OF CONTENTS 0 2020 Stantec 1193804886 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 Council Chambers at 4401 Xylon Ave N, until 10 A.M., CDT, , Wednesday, January 23, 2020, 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: 2020 Winnetka Avenue Watermain Improvements - City Project No. 1027 In general, Work consists of the following approximate quantities: 125 LF 6" PVC Water Main (Directional Drill, Pipe Burst, or Open Trench) 200 SY Remove Bituminous Pavement 150 CY Common Excavation 150 TN Class 5, Aggregate Base 100 TN Bituminous Street Patch 50 LF Concrete Curb & Gutter 250 SF 4" Concrete Sidewalk 20 SY Hydromulch with Seed 10 EA Connect Ex. Copper Service Alternate No. 1: 1350 LF 8" Fusible PVC C-900 DR18 Water Main, Pipe Burst Alternate No. 2: 1350 LF 10" HDPE DR11 Water Main, Pipe Burst Along with miscellaneous utility improvements, removals, restoration, traffic control and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #6611733 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 Avenue, Suite 1000, Minneapolis, MN 55402, (612) 712-2000. Direct inquiries to Engineer's Project Manager, Ann Dienhart, at (612) 712-2034. 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 © 2020 Stantec 1 193804886 ADVERTISEMENT FOR BIDS 0011 13-1 This Page Left Blank Intentionally SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of 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 QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. INSTRUCTIONS TO BIDDERS © 2020 Stantec 1 193804886 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). 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 dala showri or iridicaled in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. INSTRUCTIONS TO BIDDERS © 2020 Stantec 1 193804886 00 ?l 13 - 7 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 © 2020 Stantec 1 193804886 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 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 iri Ilse Bidding Docurnenls. All addilional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. INSTRUCTIONS TO BIDDERS © 2020 Stantec 1 193804886 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 © 2020 Stantec 1193804886 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, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. However, the Bidder can choose to indicate a Bid Price for Alternate No. 1, Alternate No. 2, or both. 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. INSTRUCTIONS TO BIDDERS © 2020 Stantec 1193804886 0021 13 - 6 13.1 1 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price 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 the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates. 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 Substitute Item Bids. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.13 of the General Conditions. 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. INSTRUCTIONS TO BIDDERS 0 2020 Stantec 1 193804886 0021 13 - 7 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the 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 cntity undcr the samc 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 INSTRUCTIONS TO BIDDERS © 2020 Stantec 1 193804886 0021 13 - 8 or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of 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. INSTRUCTIONS TO BIDDERS © 2020 Stantec 1 193804886 0021 13 - 9 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 © 2020 Stantec 1 193804886 0021 13 - 10 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. Water Main Break History, Figure 1. 2. Water Main Break History, Available details Table. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2020 Stantec 1 193804886 AVAILABLE PROJECT INFORMATION 0031 00-1 This Page Left Blank Intentionally ® Stantec THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave N New Hope, MN 55428 BIDDLIRC DOCUMENT 00 41 10 BID FORM 2020 WINNETKA WATERMAIN IMPROVEMENTS PROJECT NO, 193804886 CITY OF NEW HOPE, MINNESOTA 2020 1.01 The undersigned Bidder proposes and agrees, if this Bid Is accepted, to enter into an Agreement with Owner in the form included In the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents, 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to In writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which Is hereby acknowledged: AOWD&Lm Na. &ldondum Date ' I i � ]' 10 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been Identified In SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 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. +.. 0202051aniec 1193804806 004110.1 BID FORM 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. 1, Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of Its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition, B. The prices in this Bld have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the low may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which orlse out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law, 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices( set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: I MOBILIZATION LS 1 $",WQo $v 2 TRAFFIC CONTROL LS 1 $. v $ ov W J z, 00 00 3 TEMPORARY SIGNS SF 75 $ $ 4 INLET PROTECTION EA 14 $ ' V� $ T •rV J �tfv�CAO 5 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF 810 $ ! $ 02020Slanlec 1 193804666 004110-2 BID FORM No. Item Unlh Qty Unit Price Total Price 6 REMOVE BITUMINOUS PAVEMENT (FULL DEPTH) SY 850 s w a�.o4p 7 REMOVE CONCRETE CURB & GUTTER LF 125 Q, $ T, OJ $ DOa+a a 8 REMOVE GATE VALVE EA 7 4 J �a�''a j O•� 9 REMOVE CONCRETE SIDEWALK SF 550 j , 00 _ .-.y,•d 10 REMOVE WATERMAIN PIPE LF 200 $ • I 1 REMOVE WATER SERVICE PIPE LF 27 $ �a, v ID $ �%. d 12 TEMPORARY WATER SERVICE LS 1 $ jul-mad $ / DGd av 13 4" INSULATION SY 25 $ • $ 00 14 1"TYPE K COPPER WATER SERVICE LF 27 $ 1+ V O $/orL( o 15 1.5" TYPE K COPPER WATER SERVICE LF 5 $ S 16 6" PVC WATERMAIN PIPE LF 124 9 $ ■ J/+VO $ 80 :Pd — 17 8" PVC WATERMAIN PIPE LF 41 $ +dO /f� $ 7.3'p v 4% 18 CONNECT TO EXISTING WATERMAIN EA 8 $ _. ?vvv' w $ � 8[7P.o+D 19 CONNECT TO EXISTING WATER SERVICE EA 10 $ y'sy-y i $�CJv 20 HYDRANT INSTALLATION EA I $may- $;rW 21 6" GATE VALVE AND BOX EA 1 $L� $ �Qn 22 8" GATE VALVE AND BOX EA 4 $ C) $ , ryKO•ov 23 1 " CORPORATION STOP EA 9 $ 0 c $ +co T 24 1.5" CORPORATION STOP EA 1 $ v J $ 1600. C/ v 25 WATER SERVICE SADDLE EA 10 $ / iv f) $ /S OG GO 26 DUCTILE IRON FITTINGS LB 882 $ / �' V O $ v 27 REPAIR SANITARY SEWER EA 5 $ 00'vo $ _ �- SZ(±• O 28 AGGREGATE BASE, CLASS 5 TN 315 $ • v $, 02020Stantec 1 193804086 0041 10-3 BID FORM No. Rem Units Qty Unit Price Total Price 29 BITUMINOUS MATERIAL FOR TACK COAT GAL 16 $ II r $ t 7�0{d 30 TYPE SP12.5 BITUMINOUS WEARING COURSE MIXTURE )4,C) TN 81 $ �p '-00 $ 31 TYPESP12.5 BITUMINOUS NON -WEARING COURSE MIXTURE (4,C) TN 110 $ �V ✓�uV $ �Y ,;osq, vo 32 B618 CONCRETE CURB & GUTTER LF 125 $ C/0• $ �,PO 33 4" CONCRETE WALK SF 550 $ up $ 34 TOPSOIL BORROW (LV) CY 5 $�� $—Lqo.� 35 SEED WITH HYDROMULCH SY 50 $ 0 r+,yv $ _-L ,im—clo 36 BIO-LOG,TYPE WOOD FIBER LF 200 $ $ _/,�y cry 37 EXPLORATORY DIGGING HR 15 $ /y0 my $� 38 PROTECT AND SUPPORT EXISTING BURIED POWER CONDUIT BANK LS 1 $ �•O� $����' 39 40 STORM SEWER INSPECTION SANITARY SEWER INSPECTION EA EA 4 6 $ 3 $ 0 $ $ r • �� 41 STREET SWEEPING (WITH PICKUP BROOM) HR 20 $ eyvv TOTAL BASE BID $ 2,� /t 6.. a NOTE TO BIDDERS ON ALTERNATE(S) - BIDDER MAY SUBMIT A BID ON EITHER ALTERNATE NO. 1, ALTERNATE NO.2, OR BOTH. ALTERNATE NO. 1 � /1 / � 42 B" FUSIBLE PVC, C-900, DR18 WATERMAIN -PIPE BURSTING LF 1320 $ 4`�'Uy $ JJ�L• G d TOTAL ALTERNATE NO. 1 ALTERNATE NO.2 43 10" HDPE, DR 11 WATERMAIN - PIPE BURSTING TOTAL ALTERNATE NO.2 BID SUMMARY TOTAL BASE BID TOTALALTERNATE NO. 1 TOTAL BASE BID + TOTAL ALTERNATE NO. 1 TOTAL BASE BID TOTAL ALTERNATE NO, 2 TOTAL BASE BID + TOTAL ALTERNATE NO.2 LF 1320 $ /• Sv $ $ ��, 7&0• W $;1.19 1Z,§. v,r> � � Yoe• � a $ �,r �_�zd.wo $ J7.o 7�o,v0 $ 33? go6.00 ©2020Siantec 1193B04886 0041 10-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.E of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A L-Ur — r9liP 11 SUBMITTED ❑n k .2020. Corporation Name. \ \-'I o 1�. (SEAL) State of Incorporation: E Type (General Business, Professional. Service, Limited Liability): \ By: (Signature) Name (typed or printed): Title: C\ �. Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): �t jam) ( nn� Phone No.:)15) - I ; --W '�' Fax No.: j -5L ` Email.: cC�1� �1 @.� O 2020 Staniec 1 193804886 0041 10 - 5 BID FORM Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box Ws): Phone No.: P rl e Partnership Name: By: Name (typed or printed): (SEAL) Fax No.: (Signature of general partner) Business Street Address (No P.O. Box Ws): Phone No.: Fax No.: — SEALi ® 2020 Stantec 1 193804886 0041 10 - 6 BID FORM A Joist Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: , Fax No.: Joint Venturer Name: (SEAL) By: _ (Signature) Name (typed or printed), Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign, The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT ® 2020 Stantec 1173B04b86 0041 10 - 7 BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 2020 Winnetka Avenue Watermain Improvements rovements Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) 1 The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within tho three year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* BID FORM ATTACHMENT A © 2020 Stantec 1 193804886 0041 13 - 1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. BID FORM ATTACHMENT A 0 2020 Stantec 1 193804886 0041 13 - 2 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2)1 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 Signat re of Ownc r O ter: Printed Name: , Ci �t �� �, I C rl l Title: IDate: 4sk�.—,a d - l a au Company loam l C 766\�`,)C. S�,wgns to and st bseribed before me this '.5j day ofQ4P0PAkA . 20X, 1�iYrtary Pnlsi� My Commission Expires: 3 J ----------------------------------------------------- AC l: TIRMH JEMHWRE NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES 011310 -------------------------------- NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 0 2020 Sta ntec 1 193804886 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2020 Winnetka Avenue Watermain Improvements Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of al] of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid Form. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located a�w. Cvr� it csA rs BID FORM ATTACHMENT A 02020 Stantec 1 193804886 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2020 Winnetka AMILIe Watcrinain lnt wovements This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to the Project Manager, ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located BID FORM ATTACHMENT A © 2020 Stantec 1 193804886 0041 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) At - Name of city where company home office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Si nature of OsWer or Officer: Printed Name: Titl Date: Compan Name: : C- � l CX ICJ Sworn to ands bscribcd before me this day j Z otpryPubfic`'-s. [y Commission Expires: �rrr•. L----------- 10CL N NOTARY PUBLIC - MINNESOTA F`----AffLQMMISSIONZXpm&(1jg112a END OF SECTION BID FORM ATTACHMENT A © 2020 Stantec 1 193804886 0041 13 - 6 Init. AIA document A31OTM - ��1� CONTRACTOR: (Name, legal status and address) G. F. Jedlicki, Inc. 2471 Galpin Court, Suite 110 Chanhassen, MN 55317 OWNER: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance 1900 South 18th Avenue West Bend, WI 53095 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 BOND AMOUNT: Five Percent of Amount Bid (5%) PROJECT: (Name, location or address, and Project number, if any) 2020 Winnetka Watermain Improvements, New Hope, MN Company This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period at; 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. Sienedand sealed this 23rd dayof January, 2020 (Princi (Seal) (Title) IPRt $ in1 ittrsurn�nr-,n—[`rnnrn (Surely D n I1 (Seal) (Trtle)Nicoie M. Coty Attori in -fact CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original as s that changes will not be obscured. AIR Document A3101*4 —2010. CopyrlghtQ)1963, 1970 and 2010 by The American Inslitulo of kchilecls. Ail rights reserved. WARNING. This AIA* Dacumont i9 protected by U.S. Cnpyrighl Law and international Treaties. Unout hurlxed reprodu000rt or dlSOlbulion of Ibis A]0 Dotiumanl, or any poItlen of II, may result fn severe civil and criminal penalties, and wllf be prosecuted to the maximum extent possible under the law. Purchasers are permilled to reproduce ten it 0) copies of This document when compleled. To repoh copyright violations of AIA Contract Documents, e-mail The American Institule of Arch itecls' legal counsel, rl�td,4t¢. 06ti74 CORPORATE ACKNOWLEDGMENT STATE OFM1WV:r-,� COUNTY OF "L On the 3 day of2 before me personally appeared ,C1g{�A� t �� ������ t me, who being duly worn,, di epose and say: that s/he resides in i't1 that s/he is the [: of the G. F. Jedlicki, 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. CATHY A JENSEN 49� NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/23 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF On the23rd day of January 2020 before me personally appeared, Ni nl P M _ c n1-y 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 west Bend Mutual Insurance 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 o directors; and the afore id officer acknowledged said instrument to be the free act a d d ed of said corporatio (SEAL) Nm ry Puhlic PATfiI N t ry PuhICOW0 Minnesota '.�� yty, Canm �xgsies January 3t, 2025 WEST SEND A MU7Up.L FNWRANCE C"PANY° Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Nicole M. Coty lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $7,500,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney -in -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary Ili b 1sl day jDf March, 2009. Attest Avya, a, f J Jat�. Pa L ;f 0` Kevin A. Steiner e J •� 5ecr Lary SEAL l Chief Executive Officer / President i State of Wisconsin k• ••,...-..fir' f County of Washington .... On the 1 st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. * NOTARY * John F-D well PU�Executive Vice President - Chief Legal Officer Notary Public, Washington Co. WI AfiyyiB •.. My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 23rd day of Janua 2020 t 1 $ .AT, j Dale J. Kent Executive Vice President - 4, + Chief Financial Officer Notice: Reproductions are not binding on the company. An' stions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Grccnw2}• Blvd. Suite 1100 1 P.O. Box 620976 1 Aliddleton, WI 53562 1 Ph (608) 410-3410 1 www.the silverlinirig. corn SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and G.F. Jedlicki, 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: Water Main Improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: 2020 Winnetka Watermain Improvements Project 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 July 3, 2020 and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 22, 2020. 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 $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or AGREEMENT FORM © 2020 Stantec 1 193804886 00 52 10 - 1 fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. Contractor and Owner have reviewed these liquidated damages provisions and agree that the amounts identified are a reasonable forecast of just compensation for the harm caused by such delays in this project. 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 Plus Total Alternate No. 2 of Three Hundred Thirty -Nine Thousand Nine Hundred Six Dollars and No Cents [$339,906.00]. 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.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less 250 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 and less one percent of the value of the Contract or $500, whichever is greater, pending final submission of all final paperwork by the Contractor or subcontractor. The Engineer shall provide a written statement to the Contractor AGREEMENT FORM © 2020 Stantec 1 193804886 00 52 10 - 2 detailing the amount and basis for any withholding pursuant to this paragraph. Such withholdings shall be paid to the Contractor within 60 days after completion and invoicing for the applicable work and submission of the final paperwork, respectively. Nothing in this paragraph shall require the Owner to make payments for portions of a contract which are funded by Federal or State Aid funds until such aid payments have been received by the Owner. Further, no payment contemplated herein shall be mandated for a portion of the Contract which is not complete or for which an invoice has not been submitted. Upon receipt of the retainage funds, the Contractor shall be obligated to make corresponding payment to subcontractors pursuant to Minnesota Statute Section 15.72. 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. AGREEMENT FORM © 2020 Stantec 1 193804886 00 52 10 - 3 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. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplemerrluiy Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: City of New Hope 2020 Winnetka Watermain Improvements. 7. Addenda (Number One). 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. Notico 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. AGREEMENT FORM © 2020 Stantec 1 193804886 00 52 10 - 4 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. 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 © 2020 Stantec 1 193804886 0052 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 February 10th, 2020 (which is the Effective Date of the Agreement). Owner: City of New Hope, Minnesota By: e � r Attest: AddTYrQaKotices: CITY OF NEW HOPE Designated Representative: Name: KIRK MCDONALD Title: CITY MANAGER Address4401 XYLON AVE NO NEW HOPE N1N 55428 Phone: 763-531-5100 Facsimil763-531-5136 Contractor: G.F. Je1dllicki, Inc. By: � �� 't�S€ A�4 1'j Attes : CAA4 _a Address for giving rIafices- ay-) ) Q�1p\� CN � > > b License No.: �tuc� c� (Where Applicable) Designated Representative: NamegR%\N\J 1C�(\ Title: Address:') h-- I 1`n LY 4 ) l 0 Phone: -1 EA '1-J4 '1 n c� Facsimile: END OF SECTION AGREEMENT FORM © 2020 Stantec 1 193804886 00 52 10 - 6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal i By: Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 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. i 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 l _ damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 Z 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 1 . Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Title SURETY (Seal) Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 006113.16Pa2e3of3 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 ilhllw,*,i,\ C.o-Cli. OF FNGINITIlING COMPANIES ASCEAmerican Society of Civil Engineers National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by 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.ol g American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.o American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.orp- Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.aac.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 i 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 00 72 05 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 Responsihilities..................................................................................................... 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 L EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times..................................................,.................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed forin 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 W 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform ' the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 3 of 62 00 72 05 t_: 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 thereot) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to fizrnish 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 nieanuig are used iti the Contracl Doculllents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 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 I. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in 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 © 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 I 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. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments. 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the i EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other 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 4.06.14 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the 'Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.0l.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01. B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss , payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 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. Prue 20 of 62 00 7? 05 M B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 L 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, f 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 L• 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 1 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special . performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 W Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of 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 I 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, l _ 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 1 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 f 1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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. i 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 L EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 i . take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requireffienls of Contractor's safely 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 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa¢e 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 1 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. L EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review.- 1 . Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 0072.05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. nonnal 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; I2. 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 Imaterials 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 l EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Facll other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 1— 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. Pace 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. I - D. In connection with Engineer's authority as to Applications for Payment, see Article 14. M t 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 i.. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 007205 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 Clain for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper perfonnance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel t . 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 I 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. Page 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 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 11.0l .A.1 or specifically covered by Paragraph 11.0l .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. ti C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be detennined 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. l.. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 L. 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, 11.0I.A.5, and 11.0LB; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f, when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays 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. 1 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 cC 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor'. s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed f 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 t. 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 1 materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 f 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief. a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 am b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 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 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may filrnish 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 0072 i. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the fitll 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. Paae 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and i - 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All work, including water main improvements, paving, concrete patching and restoration has been completed and all testing has passed. 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 4.02.13 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. 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. © 2020 Stantec 1 193804886 W SUPPLEMENTARY CONDITIONS 00 73 05 - 1 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.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: l . Worker's Compensation and related coverages under Paragraphs 5.04.A.I and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 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 SUPPLEMENTARY CONDITIONS © 2020 Stantec 1 193804886 00 73 05 - 2 SC-5.06.A 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. Add the following new item immediately after Item 5.06.A7: The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 SC-6.08.A SC-6.17 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. Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. © 2020 Stantec 1 193804886 W SUPPLEMENTARY CONDITIONS 007305-3 G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC-6.19.A Delete the words "representation of" in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's SUPPLEMENTARY CONDITIONS © 2020 Stantec 1 193804886 00 73 05 - 4 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. 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. © 2020 Stantec 1 193804886 SUPPLEMENTARY CONDITIONS 007305-5 b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for Inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 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. SUPPLEMENTARY CONDITIONS n 2020 Stantec 1 193804886 00 73 05 - 6 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.E Amend the first sentence of Paragraph 10.05.E 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-11.01.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-11.03 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. 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 12.0I .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. SUPPLEMENTARY CONDITIONS © 2020 Stantec 1 193804886 00 73 05 - 7 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01 : 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30-day period specified in Paragraph SC-16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, SUPPLEMENTARY CONDITIONS © 2020 Stantec 1 193804886 00 73 05 - 8 agents, employees, or consultants of any of them) who is not a party to this Contract, unless: I . the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2020 Stantec 1 193804886 00 73 05 - 9 This Page Left Blank Intentionally SUPPLEMENTARY CONDITIONS © 2020 Stantec 1 193804886 00 73 05 - 10 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Furnish the materials and labor necessary to pipe burst the existing watermain pipe and replace the main watermain with 8 inch fusible PVC C900, DR18. B. Alternate No. 2: Furnish the materials and labor necessary to pipe burst the existing watermain pipe and replace the main watermain with 10 inch HDPE, DR1 1. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2020 Stantec 1 193804886 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: 2020 Winnetka Watermain Improvements for the City of New Hope, Minnesota, City Project No. 1027. B. Description of Work: Project consists of the replacement of 1,320 LF of water main by pipe bursting, and bituminous patching and associated restoration along a county road. 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 and work area is shown in the Drawings. The shown area labeled as work area includes: staging areas, product stockpiles, material storage, and temporary construction. Stockpiles shall not be placed in front of existing commercial or residential driveway access locations. All construction facilities and associated materials and temporary facilities shall be removed upon completion of Work. 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. 4. If additional space is needed, obtain and pay for such space off Site. SUMMARY © 2020 Stantec 1 193804886 01 10 00 - 1 Access to Site 1. Working Hours: Per City ordinance, the contractor shall only work between 7 A.M. and 7 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. 2. Construction access and egress to Winnetka Ave shall not be via the residential streets. 3. Residents shall have access to all side streets and driveways between 7 P.M. to 7 A.M. 4. No parking is allowed on Winnetka Avenue blocking driveway or street access. All parking shall be on Site within the Traffic Control road closure/lane closure areas. 1.07 OTHER WORK AT SITE A. CenterPoint Energy will be working in the 2020 Season to replace their 24 inch Steel High - Pressure Gas Main under their 2020 Metro Belt Line North West - Winnetka Avenue project. 1. Their project area is along Winnetka between Golden Valley Road to 42nd Ave N. 2. Traffic Control will be coordinated with CenterPoint and the County. 3. The objective is to complete all watermain improvements before the CenterPoint contractor is in the same area. B. Hennepin County will finish the 2020 Season with a Mill and Overlay of Winnetka Avenue once CenterPoint is complete. 1. All re -striping will be completed by the County after the overlay is completed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2020 Stantec 1 193804886 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 may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 - 8 inch Fusible PVC, C-900, DR18 Water Main Pipe Burst- Add to Total Base Bid 1. In general, the Work of this Alternate No. 1 consists of pipe replacement by bursting of the host pipe and inserting new fusible PVC pipe. D. Alternate No. 2 -10 inch HDPE, DR 1 Water Main Pipe Burst- Add to Total Base Bid 1. In general, the Work of this Alternate No. 2 consists of pipe replacement by bursting of the host pipe and inserting new High Density Polyethylene Pipe (HDPE). 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 Format the Preconstruction Conference. © 2020 Stantec 1 193804886 L- PRICE AND PAYMENT PROCEDURES 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 © 2020 Stantec 1 193804886 01 20 00 - 2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Traffic Signal: Hennepin County. 6. Gas: CenterPoint Energy. 7. Telephone/Cable/Fiber: Comcast, Centuryl-ink, AT&T, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. Hennepin County. 2. Minnesota Department of Health - Water Main, B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. PROJECT MANAGEMENT AND COORDINATION © 2020 Stantec 1193804886 01 31 00 - 1 B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements 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 utility work must be completed in 2020. B. The Owner is extremely sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length of time for which services, streets, and boulevards are disturbed. Therefore, scheduling of Work, maintenance of local traffic, and timely repair of each utility, driveway, and yard are critical to the success of the Project. C. Resident and business notification of Work directly affecting their property is required for all situations. The Owner and Project Inspector will provide notices to residents. However, it is the responsibility of the Contractor to ensure that all those affected are aware of issues such as access restrictions or disrupted supply. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2020 Stantec 1193804886 01 31 00 - 2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. 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. © 2020 Stantec 1 193804886 SUBMITTAL PROCEDURES 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 11-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. Email address. 5. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 1 1 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4-inch by 4-inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark-up. SUBMITTAL PROCEDURES © 2020 Stantec 1 193804886 01 33 00 - 2 3.04 OPERATION AND MAINTENANCE MANUALS A. Conform to the requirements of Section 01 78 23. 3.05 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.06 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 2020 Stantec 1 193804886 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. 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. D. Structural Tests and Special Inspections: Conform to the requirements of Section 01 41 00. 0 2020 Stantec 1193804886 k QUALITY REQUIREMENTS 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2020 Stantec 1193804886 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 A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, lane changes, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: 1) An Example Traffic Control Plan is included in the Drawings. c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 3. A Bid Item has been provided for Temporary Signs. Measurement is square foot of signs used. © 2020 Stantec 1193804886 TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 1 5. a. This shall be considered payment in full for all labor, equipment, and materials associated with temporary signage to be installed for "Businesses Open During Construction" (48" x 36") and "Business Access" directional arrow signs (36"x 24") to show access to specific businesses located adjacent to the work zone. Temporary signage will be required for addresses 2720 - 2722 and any additional businesses as deemed necessary and as directed by the Engineer. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the temporary business access signage as it pertains to changes to business access during the project activities, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Temporary Signage" will be made using a percentage based on the following: Cumulative Percent of Temporary Signs ItemPaid First Partial Payment T 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 A Bid Item has been provided for Temporary Water Service. No measurement shall be made. Payment shall be by Lump Sum. Payment shall include the water main pipe, fittings, service lines, testing, staging, ramping, removal, and any other work involved with providing temporary water main and services to affected home and businesses. A Bid Item has been provided for Protect and Support Existing Buried Power Conduit Bank. Measurement is Lump Sum. This will be considered payment in full for all work and costs to protect and support the existing buried power conduit duct shown to be located above the watermain for a portion of the work area. Xcel will provide field support, however, this facility cannot be relocated nor disrupted due to the electrical power services it provides to the area. It is expected that the conduit bank will be exposed. Any exposure will need to be done with the utmost care to prevent damage to existing bank and provide sufficient support necessary in order to safely complete the work and excavation in such areas without damaging the existing bank. It is estimated that the buried power conduit bank will be exposed in approximately 13 excavation areas at services/tee street connections and at the northern boring pit. a. Partial payment of the Lump Sum Bid Item "Protect and Support Existing Buried Power Conduit Bank" will be made using a percentage based on the following: Cumulative Percent of Protect and Support Existino Buried Power Conduit Bank 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 No Bid Item has been provided for By -Pass Pumping. Any by-pass pumping will be considered incidental to the Project with all costs included in the Base Bid. No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. 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. TEMPORARY FACILITIES AND CONTROLS 9) 2020 Stantec 1193804886 01 50 00 - 2 9. 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. 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 offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, POSTS, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. TEMPORARY FACILITIES AND CONTROLS © 2020 Stantec 1193804886 01 50 00 - 3 6 . 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 3.04 TEMPORARY WATER SERVICE A. During water main construction, install and maintain temporary water services to all homes, apartments, and/or businesses as shown on the Drawings. 1. The temporary services will allow efficient removal of the existing water main and services, and installation of the new. 2. The temporary services shall provide adeauate pressure and volume to properties. 3. All pipe and materials shall be potable water rated. 4. The Contractor shall perform a bacteria test on all temporary water lines prior to making any connections to homes or terminating existing water service. Testing results shall be e-mailed to City of New Hope Public Works staff and copied to Field Construction Manager, Lucas Miller (Stantec). 5. The Contractor shall install any main line valves that may be required to shut off or isolate an area based on the Contractor's schedule of work or temporary water system. All valves installed shall be in their permanent location as shown on the Drawings per the new water main location. Any valve not installed in its permanent location shall not be paid for and shall be incidental to the temporary water main. 6. Coordinate all Work with the Owner and the Engineer. If staging of the temporary system is necessary, provide a schedule and description of how this is to be accomplished. Submit a plan for temporary service for approval by the Owner. 7. Contractor will be responsible for all coordination with homeowners and businessowners regarding entering homes for temporary water service connections/disconnections. Contractor should provide notice to Owner and Engineer a minimum of 72 hours in advance of service connections/disconnections. 8. Provide ramping and/or shallow trenching at street and driveway crossings. 9. Provide emergency contact numbers for evenings and weekends. 10. Maintain, inspect, and adjust the temporary piping as needed or as directed throughout the construction. 3.05 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. TEMPORARY FACILITIES AND CONTROLS © 2020 Stantec 1193804886 01 50 00 - 4 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.06 TEMPORARY CONSTRUCTION A. Pumping and Dewatering l . Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 4. All sanitary and storm flows shall be pumped around areas with no spillage allowed. a. Any spill needs to be reported as required by law. 3.07 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. B. Construction Staging Plan l . Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum thru-lane lane widths of 10 feet will be maintained at all times. c. 2-way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. © 2020 Stantec 1193804886 M TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 5 The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. j. Contractor shall remove traffic control devices at the conclusion of the Work. k. All Traffic Control plans, revisions, and changes shall be submitted to Hennepin County for review and approval. C. Vehicle Warning Light 1. All Contractors, subcontractors, and suppliers mobile equipment, which are working in the lane closure or within 15-feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights -SAE Specification J 1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24-hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MnMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these TEMPORARY FACILITIES AND CONTROLS © 2020 Stantec 1193804886 01 50 00 - 6 individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete the Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.08 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. B. Temporary Fence 1. Install as shown on the Drawings. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that maybe used to secure fencing gates. 3.09 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer or Hennepin County 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 © 2020 Stantec 1193804886 TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 7 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? l . 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? Q Yes ❑ No Were they all replaced or repaired ❑ Yes ❑ No 3. Are any devices improperly placed? E1. Yes ❑ NO Were all positions corrected? ❑ Yes ❑ No 4. Do any devices need cleaning? Yes P No Where all devices cleaned? L) Yes I, .t No ADDITIONAL COMMENTS: The above check was completed by one (date) at: (time) (name / title) (J AM EJ 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. 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. 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. b. Bio-Log: Payment will be by type. Measurement will be by the linear foot. 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. 2573 -Storm Water Management. 2. 2575 - Establishing Vegetation and Controlling Erosion. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2.B and submitted each week that construction is active. TEMPORARY EROSION AND SEDIMENT CONTROL © 2020 Stantec 1193804886 01 57 13 - 1 2. Site plans in conformance with MnDOT Spec. 1717.2.0 a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. a. 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. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. TEMPORARY EROSION AND SEDIMENT CONTROL © 2020 Stantec 1193804886 01 57 13 - 2 E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. 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. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor l . When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. [Sometimes they need to be used but avoid if feasible] 3. Rock Log: a. Conform to MnDOT Spec. 3897.2.F. b. Rock 3/4 to 1-1 /2 inches crushed or natural rounded aggregate. B. SEDIMENT CONTROL LOGS: Conform to MnDOT Spec. 3897. 1. Straw or wood fiber biorolls, 6 to 7 inches in diameter. 2. Compost or rock logs, 6 to 8 inches in diameter. C. FILTER BERMS 1. Conform to MnDOT Spec. 3874 and details in Drawings. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2020 Stantec 1193804886 01 57 13 - 3 C. Using best practices, take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3. Temporary or permanent seeding and mulch shall be applied to the berm immediately following its construction. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: l . Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. B. Maintenance: Conform to MnDOT Spec. 2573.3.K l . 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 © 2020 Stantec 1193804886 01 57 13 - 4 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours on site that sweeper is operating to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on Site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS © 2020 Stantec 1 193804886 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas.. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. 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 © 2020 Stantec 1 193804886 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: , rv/v�.revenue,state.mn.us, or via email at withhofdingJox@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2020 Stantec 1193804886 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. Sawing Bituminous Pavement (Full Depth): Per lineal foot along the saw cut line as staked. b. Remove Bituminous Pavement (Full Depth): Per square yard without regard to thickness, including integral bituminous curb. c. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. d. Remove Concrete Sidewalk: Per square foot without regard to thickness. Sawcut at next joint is incidental to removal/replacement of sidewalk. Payment includes area of bituminous infill located adjacent to sidewalk. e. Remove Gate Valve: Per each. This item includes the valve box and valve assembly removal prior to pipe bursting operation as shown in Drawings. f. Remove Watermain Pipe: Per lineal foot. Measurement will be based upon units of lineal feet for existing pipe actually removed from the ground without regard to size, as measured along the axis of pipe, without regard to intervening valves or fittings. Copper pipe removal is paid under Remove Water Service. g. Remove Water Service pipe: Per lineal foot. Includes the removal of copper service pipe only, regardless of depth. Payment includes removal of existing corporation stop, saddle and associated fittings at the main. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. k. © 2020 Stantec 1193804886 k- SELECTIVE SITE DEMOLITION 0241 13 - 1 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. 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. SELECTIVE SITE DEMOLITION © 2020 Stantec 1193804886 0241 13 - 2 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 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.03 SAWING PAVEMENT A. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.04 REMOVE BITUMINOUS PAVEMENT 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. SELECTIVE SITE DEMOLITION © 2020 Stantec 1193804886 0241 13 - 3 3.05 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new work and 6-inches beyond the edge of new driveways). 3.06 REMOVE CONCRETE SIDEWALK A. Work includes sidewalks, adjacent bituminous infill, 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. 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. 3.07 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT Spec. 2104.3.B. 3.08 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. 3.09 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 © 2020 Stantec 1193804886 0241 13 - 4 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 23 13 - Subgrade Preparation. 4. Section 32 92 00 - Turf and Grasses. 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 Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, bading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 3. A Bid Item has been provided for Exploratory Digging. Measurement will be by the hour required to complete the excavation, as directed by the engineer. Payment will include all labor, equipment, and materials to complete the excavation including but not limited to removal, backfill, and compaction of suitable material regardless of size, type, or depth of excavation. Bid Item is for locating existing utilities in the Project Area, as per the specifications. 4. No Bid Item has been provided for Common Excavation. All work and costs associated with common excavation including loading, hauling and disposal of common material offset by the new aggregate base patch layer shall be included in the aggregate base, class 5 bid item. 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. 3149 - Granular Material. 3. 3877 - Topsoil Material. EXCAVATION AND FILL © 2020 Stantec 1 193804886 31 23 00 - 1 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 Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Exploratory Digging: Excavation to find under underground utilities or examination of site conditions as directed by the Engineer. 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 roadway excavation as soon as possible after 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 speclfled compaction levels, excluding soils which contain organics, contain debris or are potentially expansive (CH or MH per the Unified Soil Classification System). B. Topsoil Material: Conform to MnDOT Spec 3877.2B: Loam Topsoil Borrow. 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. EXCAVATION AND FILL © 2020 Stantec 1 193804886 31 23 00 - 2 4. Perform removals consistent with Section 02 41 13, 5. Strip topsoil consistent with Section 31 10 00. 3.02 EXPLORATORY DIGGING A. The intent of this Bid Item is to locate and expose existing public or private utilities in advance of construction and determine if there is a conflict with the proposed improvements. The purpose is to gather information so that alterations can be made in the proposed improvements that, while not changing the scope of the Work, will avoid potential conflicts and avoid delays to the Contractor and the Project schedule. B. This Item is not to be used for the location and exposure of existing private utilities as required by the construction activities to ensure protection of the utility during the work or the safety of the Contractor, their subcontractors, suppliers, and agents. Those activities are considered to be the responsibility of the Contractor and shall be done at the sole expense of the Contractor. C. The locations of all exploratory digging shall be determined and approved by the Engineer prior to any digging. D. The Contractor, in their review of the Project, may also suggest locations for exploratory digging (including potholing) to the Engineer. The Engineer shall review the suggestion and determine whether they concur that the excavation is required. If the Engineer is in agreement that the pothole is necessary, direction will be given to the Contractor to proceed. Contractor shall use care and caution during the excavation activity to avoid damage to the existing utility. 3.03 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. 3.04 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. 3.05 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. © 2020 Stantec 1 193804886 EXCAVATION AND FILL 31 2300-3 3.06 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3.E. 3.07 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 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 maiOt ire condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.08 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3.1-1, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. 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 © 2020 Stantec 1 193804886 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. 2. Subgrade preparation shall include all the Work in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 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. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material if excavation and rough grading of Subgrade is not performed under this Contract. B. Subgrade preparation shall be performed on the existing gravel base prior to placement of additional gravel base material. C. Subgrade preparation shall be performed prior to placement of the concrete curb and gutter. D. Complete Subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. E. Subgrade preparation shall be performed prior to placement of the bituminous/aggregate base course. © 2020 Stantec 1 193804886 W SUBGRADE PREPARATION 312313-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The roadbed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, or as modified below. 1. Not vary by more than 0.05-feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2020 Stantec 1 193804886 31 23 13 - 2 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 and shall include any common excavation needed for placement of the aggregate base. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 1 10 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 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 and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES © 2020 Stantec 1193804886 3211 23- 1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Class 2 aggregate. 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 Quality Compaction Method. 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 © 2020 Stantec 1193804886 32 1 1 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 - Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Method of Measurement and Payment shall conform to MnDOT Section 2360.4 and 2360.5, except as modified herein. 2. A Bid Item has been provided for Bituminous Material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non -wearing course placement is considered incidental to the placement of the non wearing course. 3. Bid Items have been provided for Type SP 12.5 Bituminous Wearing Course Mixture (4,C) and Type 12.5 Bituminous Non -Wearing Course Mixture (4,C), for bituminous patching. a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2018. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. Final adjustment of the structures to conform to Section 33 05 17. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2020 Stantec 1 193804886 32 12 01 -1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2018 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated June 9, 2017. A copy can be found at littlo://www.dot.stcte.mn.us/pre-letting/spec/2018/2018-sr)ec book-final.pdf . a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat. 3. 2535 - Bituminous Curb. 4. 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 j_-.. 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. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. D. The bituminous wear course completion date as described in this Section to occur in 2020. 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. B. Conform to MnDOT Spec 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2020 Stantec 1 193804886 32 12 01 -2 D. Mixture Quality Management: Conform to MnDOT Spec. 2360.2G.I 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 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 be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non -Wear Course 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint 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. 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. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2020 Stantec 1 193804886 32 12 01 -3 3.03 EQUIPMENT A. Conform to MnDOT Spec. 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3.B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3.C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3.D (Table 2357-2). 2. Along the front edge of the concrete curb and gutter, prior to placement of both bituminous base and wearing course. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Spec. 2360.3.D, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to MnDOT Spec. 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to MnDOT Spec. 2360.3.D.1 - Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Spec. 2360.3.E, except as modified herein. l . Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. 3.07 TIGHTBLADING A. This item is intended to be used to fill cracks and other deformations on the existing roadway that will not be corrected with milling or removal and replacement operations. B. Tack material shall be applied to the road before tightblading operations begin. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2020 Stantec 1 193804886 32 1201 - 4 C. Mixture shall only be applied in locations that are not slated for milling or removal and replacement. D. Motor grader used to spread material shall have 1-foot shoe extensions on each end of the mow board. E. Following application of the material, it shall be rolled with a rubber tire roller. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2020 Stantec 1 193804886 32 1201 - 5 This Page Left Blank Intentionally SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, medians, driveways, and valley gutters. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 01 - Flexible Paving (Municipal Project). 5. Section 32 16 13 - Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4-Inch Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. 8) Aggregate base b. Excavation for concrete walk shall be measured and compensated per Section 31 2300. c. Aggregate base beneath concrete walk shall be considered incidental to installation of 4-inch Concrete Walk. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 2521 - Walks. 3. 2531 - Concrete Curbing. 4. 3702 - Preformed Joint Filers. 5. 3753 - Type 1-D Membrane Curing Compound. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2020 Stantec 1 193804886 32 13 14 - 1 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound, 7. 3755 - Linseed Oil Membrane Curing Compound. 8. 3756 - Plastic Curing Blankets. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed prior the placement of the bituminous walk or pathway. B. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. C. Construct concrete medians no sooner than 72 hours after placement of the concrete curb and/or walks. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein 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. Mix Designation and Classification. a. Medians and Commercial Driveways 1) Manual Placement Mix No. 3F52, Class A aggregate. 2) Slip Form Placement Mix No. 3F32, Class A aggregate. b. Walk and Residential Driveways 1) Manual Placement Mix No. 3F52, Class A aggregate. 2) Slip Form Placement Mix No. 3F32, Class A aggregate. 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2020 Stantec 1193804886 32 13 14 - 2 D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. 2. Aggregated Base: Conforming to Section 32 11 23. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Construct concrete valley gutters to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. H. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 11 23 or Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 221 1.3C. 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. 2531.31', 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. © 2020 Stantec 1 193804886 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 32 13 14-3 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3D and 2531.3D for slip form or 2531.31 for manual placement, except as modified herein 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1 /8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3G and 2521.3.G.1.a (Membrane Curing Method), excepl 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. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2F.2.b, except as modified herein 1. High early concrete shall be designed to provide a maximum water/cementitious ratio of 0.42. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3.G, 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 © 2020 Stantec 1 193804886 32 13 14 - 4 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 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 1. Bid Items have been provided for B618 Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/ castings that are located along the face of curb. a. All water service and sewer service locations shall be marked with "W" and "S" stamps approved by Owner at the time of curb placement. This Work is incidental to installation of the Concrete Curb and Gutter. 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.) l . 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3301 - Reinforcement Bars. 6. 3702 - Preformed Joint Fillers. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. 9. 3756 - Plastic Curing blankets. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete cylinder test results for all concrete pours in any given day. CURBS AND GUTTERS © 2020 Stantec 1 193804886 32 16 13 - 1 B. Submit MnDOT approved contractor mix design for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will approve the contractor designed 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 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter a. Manual Placement Mix No. 3F52, Class A aggregate. b. Slip Form Placement Mix No. 3F32, Class A aggregate. 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. 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. CURBS AND GUTTERS © 2020 Stantec 1193804886 32 16 13 - 2 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. 1. 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. 2531.3.13. 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. 2531.3F, 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. b. Placement at service line trenches conform to the detail 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. l . 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. CURBS AND GUTTERS © 2020 Stantec 1 193804886 32 16 13 - 3 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 used 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 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2.F.2.b, except as modified herein 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20-percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3.1, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2020 Stantec 1 193804886 32 16 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, sod, 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 Seed with Hydromulch. Measurement will be based upon units of square yards of area restored with seed covered by hydromulch installed complete in place as specified, including preparation of seedbed, seed, fertilizer, hydromulch, watering, and all correlated activity. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3- years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. © 2020 Stantec 1193804886 TURF AND GRASSES 32 92 00 - 1 E. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Seeding - At the conclusion of the establishment period, which will be 1-year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of .olantinas 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. 3877.2A Common Topsoil Borrow. A. All topsoil shall be screened and pulverized. 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. TURF AND GRASSES © 2020 Stantec 1193804886 32 92 00 - 2 2.03 SEED: Conform to MnDOT Spec. 3876. A. Residential Lawns: Conform to MnDOT Mixture 25-151. B. Temporary Spring Cover: MnDOT Mixture 21-11 1. 2.04 MULCH: Conform to Section 01 57 13. 2.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13. 2.06 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.07 EROSION STABILIZATION MAT: Conform to MnDOT Spec. 3885.2.B. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3.A. TURF AND GRASSES © 2020 Stantec 1193804886 32 92 00 - 3 B. Soil Preparation: Conform to MnDOT Spec. 2574 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3.D 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. Table 2575-1 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25-151 seed mix, apply seed at a rate of 180 lbs. per acre. D. Applying Mulch: Conform to MnDOT Spec 2575.3.0 and apply at a rate of 2 tons per acre (90 lbs./1,000 sq. ft.). E. Sowing Seed: Conform to MnDOT Spec. 2575.3. 1. Winter and Summer: At the approval of the Engineer. 2. Deviations in planting schedule from MnDOT Spec 2575.3.A will be at the approval of the Engineer. F. Disk anchoring shall be considered incidental to placement of Seed and Mulch Material,. 3.05 MULCH: CONFORM TO SECTION 01 57 13. 3.06 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. B. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a 1-time proper installation is acceptable. 3.07 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 57 13. 3.08 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the Drawings. TURF AND GRASSES 0 2020 Stantec 1193804886 32 92 00 - 4 B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.09 COMPOST A. When Compost is specified, thoroughly mix specified compost with specified topsoil prior to placement. 3.10 SOIL MOISTURE AMENDMENT A. Apply per manufacturer's recommendations. B. Thoroughly mix with topsoil and compost mixture prior to placement. C. This item shall be incidental to the Work. 3.11 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 and 100- percent of sodded areas. 3.12 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3.K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. C. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. D. Watering of seeded and sodded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. 3.13 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. TURF AND GRASSES © 2020 Stantec 1193804886 32 92 00 - 5 2. The acceptance of the seed establishment shall be at the Engineer's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90-percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES © 2020 Stantec 1193804886 32 92 00 - 6 SECTION 33 01 44 PIPE BURSTING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pipe restoration by bursting of the host pipe and inserting new Fusible PVC pipe (Alt. 1) or High Density Polyethylene Pipe (HDPE) (Alt. 2). Related Sections 1. Section 01 33 00 - Submittal Procedures. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 10 00 - Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Water Main - Pipe Bursting by pipe size and type. Measurement shall be by the lineal foot along the longitudinal axis between center line of valves or fittings. Payment will constitute full compensation for all Work and costs to furnish and install the new pipe complete in place, including line clearing, launching and receiving pits and testing. 2. A Bid Item has been provided for Sanitary Sewer Inspection. Measurement will be by each sewer main or service observed at a trenchless water main pipe crossing. Payment at the Bid Unit Price shall be compensation in full for all Work and costs associated with observing the pipe, regardless of method used. 3. A Bid Item has been provided for Storm Sewer Inspection. Measurement will be by each sewer main or service observed at a trenchless water main pipe crossing. Payment at the Bid Unit Price shall be compensation in full for all Work and costs associated with observing the pipe, regardless of method used and all costs associated with the repair should it be damaged from this 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 REFERENCE STANDARDS A. American Society of Testing and Materials (ASTM) 1. D1238 - Measuring Flow Rates of Thermoplastics By Extrusion Plastometer. 2. D1248 - Specification for Polyethylene Plastics Molding and Extrusion Materials. 3. D1505 - Density of Plastics By the Density -Gradients Technique. 4. D1693 - Test for Environmental Stress -Cracking of Ethylene Plastics. 5. D2657 - Standard Practice for Heat Fusion Joining Polyolefin Pipe and Fittings. 6. D2837 - Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 7. D3035 - Polyethylene (PE) Plastics Pipe (DR -PR) Based On Controlled Outside Diameter. 8. D3261 - Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing. 9. D3350 - Specification for Polyethylene Plastic Pipe and Fittings. PIPE BURSTING © 2020 Stantec 1 193804886 3301 44 - 1 10. F714 - Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based On Outside Diameter (3-Inch IPS and Larger). 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Certificates of Training: a. By the pipe bursting systems manufacturer stating that the operators have been fully trained in the use of the proposed pipe bursting equipment by an authorized representative of the equipment manufacturer. b. By the pipe fusion equipment manufacturers that the operators have been fully trained in the use of the fusion equipment by an authorized representative of the equipment manufacturer. 2. Detailed construction procedures and layout drawings to include sequence of construction. 3. Locations, sizes, and construction methods for the service reconnection pits. Methods of construction, reconnection, and restoration of existing service laterals. 4. Detailed procedures for the installation and bedding of pipe in launching and receiving pits. 5. Certification of Compliance for each diameter of pipe. 6. Manufacturer's technical data/Product data for pipe, fittings, connections and related appurtenances containing complete information on material composition, physical properties, and dimensions of the new pipe and fittings. a. Manufacturer's recommendations for transport, handling, storage, and repair of pipe and fittings shall be included. 7. Engineering calculations for the design of the PVC pipe thickness. Loads used in calculation will include soil dead load, applicable live load, pressure from high water level, and the maximum pushing and/or pulling force imposed by pipe bursting equipment. 8. Contingency Drawings for the following Potential Conditions: a. Unforeseen obstruction(s) causing burst stoppage, such as unanticipated change(s) in host pipe material, repair section(s), concrete encasement(s) or cradle(s), buried or abandoned manhole(s), or changes in direction not depicted on maps provided by the Contracting Authority. b. Substantial surface heave occurring due to depth of the existing pipe vs. the amount of upsizing. c. Damage to existing service connections and replacement pipeline's structural integrity and methods of repair. d. Damage to other existing utilities. e. Loss of and return to line and grade. f. Soil heaving or settlement. 1.05 QUALITY ASSURANCE A. The Contractor shall be certified by the pipe bursting system manufacturer as a fully trained user of the proposed pipe bursting system. The pipe bursting system shall be operated by personnel trained by a qualified representative of the pipe bursting system manufacturer. B. Polyethylene pipe jointing shall be performed by personnel trained in the use of butt -fusion equipment and recommended methods for new pipe connections. PIPE BURSTING © 2020 Stantec 1 193804886 3301 44 - 2 PART 2 PRODUCTS 2.01 MATERIALS A. Contractor will be provided the opportunity to provide pricing for both Fusible PVC C-900 and HDPE on pipe bursting sections as specified below. The Owner shall evaluate all pricing options and make a determination based on provided priced material costs. The Fusible PVC is listed as the Alternate No. 1 and Alternate No. 2 HDPE will be evaluated by the Owner as equivalent options for material. B. HDPE Pipe and Fittings 1. 4-Inches Diameter and Greater: Manufactured in accordance with AWWA C906 and ASTM F714, designation code PE 3408, meeting ASTM D3350 cell classification 345464C, DR 11, IPS (Iron Pipe Size). 2. If using HDPE pipe, the pipe must be up -sized such that the inside diameter of the pipe is equal to or greater than the nominal size of the specified PVC pipe size as shown in the plans. This may require fittings to be larger than shown on the plans. Any change in pipe size and fitting size due to the use of HDPE pipe is incidental. C. HDPE to PVC/DIP Connections: Shall be "MY' adapter type or approved equal- D. Fusible PVC Pipe and Fittings 1. DR 18 Fusible C-900. 2. Pipe shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of AWWA C900 (4 inches to 12 inches). 3. Fittings: Conform to Section 33 10 00. E. Tracer Wire 1. See Section 33 10 00. PART 3 EXECUTION 3.01 PREINSTALLATION PROCEDURES A. Clean the existing water pipe by removing interior debris by bucketing, jetting, or other appropriate methods before the pre -installation television inspection at a cost incidental to the insertion of pipe. 3.02 PIPE JOINING A. The polyethylene pipe (HDPE) shall be assembled and joined at the Site using the butt - fusion method to provide a leak proof joint in accordance with ASTM D2657. Threaded or solvent -cement joints and connections are not permitted. All equipment and procedures shall be used in strict compliance with the manufacturer's recommendations. Fusion shall be preformed by technicians certified by a manufacturer of pipe fusion equipment. C. The butt -fused joint shall be true alignment and shall have uniform rollback beads resulting from the use of proper temperature and pressure. The joint shall be allowed adequate cooling time before removal of pressure. The fused joint shall be watertight and shall have PIPE BURSTING © 2020 Stantec 1 193804886 3301 44 - 3 tensile strength equal to or greater than that of the pipe. All joints shall be subject to acceptance by the Engineer prior to insertion. D. Cut out and replace defective joints. Any section of the pipe with a gash, blister, abrasion, nick, scar, or other deleterious fault greater in depth than 10 percent of the wall thickness (ASTM 585) shall not be used and must be removed from the Site. However, a defective area of the pipe may be cut out and the joint fused in accordance with the procedures stated above. In addition, any section of the pipe having other defects, such as concentrated ridges, discoloration, excessive spot roughness, pitting, variable wall thickness, or any other defect of manufacturing or handling as determined by the Engineer, shall be discarded and not used. E. Terminal sections of pipe that are joined within the insertion pit shall be connected with a mechanical coupling (e.g. a full circle stainless repair clamp), Electro Fusion Couplings (e.g. Central Plastics, or equivalent), or a non -shear restraint coupling. All connections shall be in conformance with the manufacturer's installation procedures. 3.03 PIPE BURSTING AND PIPE INSTALLATION A. Excavation of launch pits shall be situated to provide minimum inconvenience to residents, businesses, or traffic. Launch bits shall not be located in easement areas and private property without permission of the property owner and the Engineer. B. The Contractor shall record the general progress. 3.04 SERVICE RECONNECTION A. Reconnect all service connections after a suitable relaxation period as approved by the Engineer by heat fusion saddles. B. The installed pipe shall allow the manufacturer's recommended amount of time for cooling and relaxation due to tensile stressing prior to any reconnection of service lines. 3.05 QUALITY CONTROL A. All costs for testing the replacement pipe by a pressure method shall be incidental to the installation. Testing shall conform to Section 33 10 00 Water Utilities. 1. The newly installed pipe shall be visibly free of defects, which may affect the integrity or strength of the pipe. If in the opinion of the Engineer such defects exist, the pipe shall be repaired or replaced at the Contractor's expense. 2. Any section of the pipe with a gash, blister, abrasion, nick, scar, or other deleterious fault greater in depth than 10 percent of the wall thickness shall not be used and must be removed from the Site. 3.06 SANITARY SEWER INSPECTION A. Video or use other approved minimal excavation techniques to confirm that trenchless water main installations do not disturb or damage existing sanitary sewer services or mains. 1. Method 1 - Locate and hydro excavate sewer service or main to provide visual confirmation as trenchless installation passes the sewer service or main. PIPE BURSTING 0 2020 Stantec 1193804886 3301 44 - 4 2. Method 2 - Utilize remote video at the crossing location to provide confirmation as trenchless installation passes the sewer service or main. 3.07 STORM SEWER INSPECTION A. The Contractor shall verify the pre -bursting and post -bursting integrity of each storm sewer pipe crossing the water main pipe. The Contractor shall verify on the same day pipe bursting occurred, that each storm sewer that crosses pipe burst water main is in working condition with no damage after water main pipe bursting operations. Storm sewers to be televised include mainline sewers, private connections to the public sewer, and catch basin leads. B. Use same Method options as discussed above under Sanitary Sewer Inspection. Method 2 is preferred for Storm Sewer Crossings. END OF SECTION PIPE BURSTING 0 2020 Stantec 1 193804886 3301 44 - 5 This Page Left Blank Intentionally PIPE BURSTING © 2020 Stantec 1 193804886 3301 44 - 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 10 00 - Water Utilities. 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. B. 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. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 3. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. TRENCHING AND BACKFILLING 0 2020 Stantec 1 193804886 33 05 05 - 1 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: 1. Product Data for each Borrow Material: a. Name and location of source. 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 trom 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. TRENCHING AND BACKFILLING © 2020 Stantec 1 193804886 33 05 05 - 2 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. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.2.13 for granular borrow. a. No on the Site granular material encountered during construction may be used without the permission of the Engineer. b. 1-inch maximum aggregate size. 2.02 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2.13 for Granular Borrow. 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1-inch maximum aggregate size. 2.03 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. TRENCHING AND BACKFILLING © 2020 Stantec 1 193804886 33 05 05 - 3 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. 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. B. 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. TRENCHING AND BACKFILLING © 2020 Stantec 1 193804886 33 05 05 - 4 D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Pipe: Bed pipe in accordance with ASTM D2321. B. High Density Polyethylene (HDPE) Profile Wall Pipe: Bed pipe in accordance with ASTM D2321. 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. TRENCHING AND BACKFILLING © 2020 Stantec 1 193804886 33 05 05 - 5 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. 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 © 2020 Stantec 1 193804886 33 05 05 - 6 SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. Related Sections 1. Section 33 10 00 - Water Main Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No direct payment or Bid Items have been provided for various adjustments. Adjustments of new and existing valve boxes are incidental to their respective Bid Items. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 -Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C 150 - Specification for Portland Cement (Concrete Rings/Mortar). 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D 1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. © 2020 Stantec 1 193804886 ADJUST MISCELLANEOUS STRUCTURES 3305 17 - 1 B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. 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) - For New Structures 1. Molded high -density polyethylene conforming to ASTM D 1248. B. Concrete - For Existing Structures 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 psi. 3. Reinforcing: Single hoop 8-gauge steel wire. 4. Thickness: Minimum 2-inches, maximum 4-inches. 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. 2.02 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. 2.03 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.04 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. ADJUST MISCELLANEOUS STRUCTURES © 2020 Stantec 1 193804886 3305 17 - 2 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. 2.05 VALVE BOX A. Risers 1. Conform to details on Drawings. 2. Conform to the requirements of Section 33 10 00, 2.06 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10-feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adiustina rinas as oer the following: 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. ADJUST MISCELLANEOUS STRUCTURES © 2020 Stantec 1193804886 3305 17 - 3 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. C. Concrete Adjusting Ring 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps a. Mortar Thickness: 1 /4 to 1/2-inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6-inch ring where applicable. 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down- B. Prevent sand, chunks of concrete, or any other debris from entering the valve box 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. 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 to 3/8] 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 concrete adjustment rings of the same 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. ADJUST MISCELLANEOUS STRUCTURES © 2020 Stantec 1 193804886 3305 17 - 4 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. G. Adjust valve boxes to [ 1 /8 to 3/8 inch] below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES © 2020 Stantec 1 193804886 3305 17 - 5 This Page Left Blank Intentionally SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 33 01 44 - Pipe Bursting. 3. Section 33 05 05 - Trenching and Backfilling. 4. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Watermain Replacement. Measurement and payment will be based upon the units listed below: a. Watermain Pipe: Measurement will be based upon units of lineal feet for each size and type of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. 2. Connect to Existing Water Main: Measurement shall be based on each connection made, payment at the Bid Unit Price shall include all items required to complete the Work. 3. Tee Fitting: By physical count of each size and type installed. If tee size is not separately listed payment shall be made under ductile iron fitting by the weight of the tee fitting not listed in the bid form. 4. DIP Fittings: Measurement shall be based on the AWWA C153 fitting weight in pounds, installed in accordance with the Drawings. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. 5. Gate Valve and Box: Measurement will be based on each Gate Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified, for each size. 6. Hydrant: Measurement will be based on units of each Hydrant installed. Payment at the Bid Unit Price shall include furnishing and installing the Hydrant complete in place as specified. a. Magnetized Tracer Boxes installed at hydrant locations for tracer wire are considered incidental to this Bid Item. 7. 4 inch Insulation: Measurement will be based on square yards of Insulation at the specified thickness. Payment shall be made at the Bid Unit Price and will include furnishing and installation of the Insulation 8. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to watermain installation with no direct payment made. 9. No Bid Items have been provided for testing. Testing shall be considered incidental to watermain installation with no direct payment made. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 1 10. Watermain Offset: No Bid Item has been provided. A watermain offset is not expected to be required in order to install the new watermain or services. Bends and pipe lengths will be paid under the Ductile Iron Fittings and pipe bid items accordingly. 11. Tracer Wire: Shall be considered incidental to the Project. 12. 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 Water Works Association (AWWA) 1. C104 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings. 2. C105 - Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. C 1 1 1 - Rubber -Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C 116 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. 5. C150 - Ductile -Iron Pipe, Centrifugally Cast. 6. C151 - Standard for Ductile -Iron Pipe, Centrifugally Cast. 7. C153 - Standard for Ductile -Iron Compact Fittings. 8. C502 - Dry -Barrel Fire Hydrant. 9. C504 - Rubber -Seated Butterfly Valves. 10. C515 - Reduced -Wall, Resilient -Seated Gate Valves for Water Supply Service 11. C550 - Protective Interior Coatings for Valves and Hydrants. 12. C600 - Installation of Ductile -Iron Water Main and Their Appurtenances. 13. C651 - Disinfecting Water Mains. 14. C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, for Water Transmission and Distribution. 15. C905 - AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, for Water Transmission and Distribution. 16. C906 - AWWA Standard for Polyethylene (PE) Pressure Pipe and Fittings, 4 Inches Through 63 Inches, for Water Transmission and Distribution. American Society of Testing and Materials (ASTM) l . A48 - Gray Iron Castings. 2. Al26 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000-PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 7. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 8. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non -Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Pipe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 2 3. Tracer wire. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing Work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151 /A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250-psi working pressure, AWWA C111 /A21.1 1 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI/AWWA C1 16/A21. 2.02 POLYVINYL CHLORIDE (PVC) PLASTIC PIPE AND FITTINGS A. General: Pipe shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of AWWA C900 (4 to 12-inch diameter pipe) or AWWA C905 (14 to 48-inch diameter pipe). B. Design: Cast-iron pipe equivalent outside diameter with a minimum pressure class (PC) or dimension ratio (DR) as shown on the Drawings. C. Joints: Integral bell with elastomeric gasket joints providing a water -tight seal conforming to ASTM F477. D. Fittings: Conform to Ductile Iron Pipe (DIP) and Fittings specified under this Section. E. Marking: Conform to AWWA C900 and C905. 2.03 HIGH DENSITY POLYETHYLENE PROFILE WALL PIPE AND FITTINGS (HDPE) A. General Requirement: AWWA C906. B. Minimum Hydrostatic Design Basis (HDB): 1,600 psi, in accordance with ASTM D2837, WATER UTILITIES ©2020 Stantec 1 193804886 33 10 00 - 3 C. Design: Ductile -iron pipe equivalent outside diameter with a minimum pressure class (PC) or dimension ratio (DR) as shown on the Drawings. D. Marking: Each pipe shall be identified with the manufacturer's name, trade name or trademark, and code from which plant location, machine, and date of manufacturer; the letters PE followed by the cell classification; nominal pipe outside diameter in inches along with the designated sizing system; the dimensional ratio or pressure rating; and ASTM F714. E. Fittings: Meeting requirements of ASTM D2683 for socket -type fittings or ASTM D3261 for butt -type fittings. 2.04 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI/AW WA C 111 /A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 10 (by Metal Coating Corp.); NSS Industries Cor-Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. 2.05 HYDRANT A. General Requirements: AWWA Standard C502. B. Specified Hydrant: AVK Series 2700, or approved equal. C. Approved Manufacturer: AVK, or approved equal. D. Two 2-1/2 inch hose connections. E. One 4-1/2 inch steamer. l . All hydrants shall be furnished with a STORZ nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with 5 inch STORZ coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. STORZ adapters will not be accepted. F. National standard operating nut. G. 5-inch valve opening. H. 6-inch mechanical joint pipe connection. I. Break -off flange with breakable rod coupling. J. 8 foot-0 inch cover. K. 16-inch high traffic section. L. Nozzle caps attached to hydrant with metal chains. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 4 M. Exterior Bolt Assemblies: Conform to Part 2 - Bolt Assemblies. N. Fiberglass Flag: Country Enterprises 5 foot Hydrant marker (Part 72610W), Hydrafinder Hydrant Marker, or approved equal: 1. White fiberglass rod, with red reflective bands without a bulb end. 2. 54 inches long Minimum to 60 inches maximum, 3/8 inch diameter. 3. Stainless steel Spring with flat stainless steel bracket 4. Example photo provided below: O. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. P. Color: Painted Waterous Enamel No. V1814-R Fire Hydrant Red at the place of manufacture. Q. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.06 GATE VALVE AND BOX A. General Requirement: AWWA C515 or C509. B. Approved Manufacturer: AVK, or approved equal C. Non -rising stem (NRS), opening by turning counterclockwise, 2 inches square operating nut. D. O-ring seals. E. Mechanical joint ends conforming to AWWA C111/A21.11. F. Exterior Bolt Assemblies: Conform to Part 2 - Bolt Assemblies. © WAUTILITIES 2020 Stantec 1 193804886 33 10 00 -5 G. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AWWA C550 and C1 16/A21.16. H. Spray exterior nuts and bolts of valve and restraints using a bituminous coal tar as supplied by the manufacturer. I. Wrap gate valves according to Part 2 - Pipe Encasement. J. Valve Boxes 1. 3-piece, cast iron, screw -type. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. K. Valve box adaptor to be included with valve box installation. 1. 1/4-inch steel frame. 2. Powder coated or epoxy coated. 3. 3/4-inch bottom rubber gasket. 2.07 SERVICE SADDLES A. Conform to the requirements of Section 33 12 12. 2.08 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.09 TRACER WIRE A. Conform to the applicable requirements of NEMA WC3, WCS, and WC7. B. Shall be Underwriters Laboratories (UL) listed for use in direct burial applications (e.g. USE, UF, or tracer wire). C. Conductor: Minimum No. 10 AWG - Copper Clad Steel Tracer Wire rated to 30 volts. D. Outside Identification: Volts (or V), AWG size, UL and designation (ex. "tracer wire"). E. Magnetized Tracer Boxes: Snake Pit Magnetized Tracer Box, www.copperheadwire.com, or approved equal 1. Concrete/Driveway Box. 2.10 CORPORATION STOP A. Conform to the requirements of Section 33 12 12. 2.11 COPPER SERVICE PIPE A. Conform to the requirements of Section 33 12 12. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 6 PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. HDPE Pipe 1. Section of polyethylene pipe shall be joined into continuous lengths on the Site above ground. The joining method shall be the butt fusion method, flange assemblies, or mechanical method as recommended by the pipe supplier a. HDPE shall not be joined by solvent cements, adhesives, or threaded -type connections. 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. G. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. H. Installing Fittings l . General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. 4. Wrap fittings with polyethylene film according to Part 2 - Pipe Encasement. 5. Place thrust blocks or tie rods according to City standard details. Wrap all ductile iron pipe and fittings. 1. Only use tape approved for use with pipe encasement. 2. Pipe encasement shall be cut and wrapped around all fittings and valves to fully cover all surfaces. 3. Pipe encasement shall be placed when pipe is clean, prior to lowering pipe into trench. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 7 4. Tape shall be required as needed to secure the pipe encasement. 5. Additional taping or a double layer of pipe encasement shall be required to repair any holes in the pipe encasement. Wrap all ductile iron pipe and fittings. 1. Only use tape approved for use with pipe encasement. 2. Pipe encasement shall be cut and wrapped around all fittings and valves to fully cover all surfaces. 3. Pipe encasement shall be placed when pipe is clean, prior to lowering pipe into trench. 4. Tape shall be required as needed to secure the pipe encasement. 5. Additional taping or a double layer of pipe encasement shall be required to repair any holes in the pipe encasement. K. Backfilling: Conform to Section 33 05 05. 3.03 INSTALLATION OF HYDRANT A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. In general, all hydrants are to be located 5- feet behind the proposed back -of -curb. B. Set on 8-inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4-inch. Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. E. Wrap the hydrant assembly with pipe encasement to the bottom of the break off flange. F. Maintain hydrants in a plumb position during the backfilling operation. G. Attach a galvanized steel marker to the hydrant using an existing flange bolt located at the back of the hydrant. H. Furnish 1 additional marker for each hydrant to the Owner. 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8-inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 8 E. Wrap gate valves with pipe encasement. 3.05 ANCHORAGE A. Brace hydrants securely against undisturbed soil using precast concrete block. Use mechanical joint restraints or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. B. Restrain all bends and fittings with mechanical joint restraints. C. Where lines terminate with plugs, restrain the plug and next 2 joints with mechanical joint restraints or tie rods in conjunction with the blocking, as directed by the Engineer. The number of rods required is as follows: Pipe Size 6 Inches 8 Inches 12 Inches 16Inches 18 Inches 20 Inches 24 Inches 3.06 INSULATION No. of 3/4 Inch Rods 2 2 4 6 6 8 10 A. Review insulation installation with Engineer 1. Place insulation between water pipe and sanitary pipe when watermain or service is within 1-foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and watermain or water service when pipes are separated by less than 2-feet. 3.07 TRACER WIRE A. Attach to magnetized tracer box per manufacturer's specifications 1. Seal tracer wire leads and brass wire harness per manufacturer's specifications. 2. Manufacturer: "Snakepit" by Cooperhead Industries, or approved equal. B. Splice shall be accomplished by joining the 2 bare ends of the wires with either a copper mechanical split bolt compression fitting or a crimp -type compression sleeve for copper connections. No other connection is allowed. C. All joined splices and connections shall be fully enclosed using a 3M Brand ScotchfilTM Electrical Insulation Putty, or approved equal. The putty shall be fully sealed and bonded on all sides. D. Splices shall not be more frequent than 1 splice per 250 feet, E. Tracer wire shall be laid below all pipe, fittings, and hydrants. 3.08 TEMPORARY WATER SERVICE A. The existing mains and services shall be used for temporary service to the extent possible throughout construction. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 9 B. See Section 01 50 00 for measurement and payment. C. If temporary water services are required, the following is required: 1. During watermain construction, install and maintain temporary water service to all homes, apartments, and/or businesses as shown on the Drawings 2. The temporary service will allow efficient removal of the existing watermain and services, and installation of the new. 3. The temporary service shall provide adequate pressure and volume to all properties. 4. The Contractor shall perform a bacteria test on all temporary water lines prior to making any connections to homes or terminating existing water service. a. Testing results should be emailed to City of New Hope Public Works staff and copied to Construction Manager. 5. The Contractor shall install any main line valves that may be required to shut off or isolate an area based on the Contractors schedule of work or temporary water system. All valves installed shall be installed in their permanent location as shown on the Drawings per the new watermain location. Any valve not installed in its permanent location shall not be paid for and shall be incidental to the temporary watermain. 6. Coordinate all Work with the Owner and the Engineer. If staging of the temporary system is necessary, provide a schedule and description of how this is to be accomplished. Submit a plan for temporary service for approval by the Owner. 7. Owner shall be responsible for all coordination with property owners regarding entering buildings for temporary water service connections/disconnections. Contractor should provide notice to Owner and Engineer a minimum of 72 hours in advance of service connections/disconnections. 8. Provide ramping and/or shallow trenching at street and driveway crossings. 9. Provide emergency contact numbers for evenings and weekends. 10. Maintain, inspect, and adjust the temporary piping as needed or directed throughout the construction. 11. Contractor must have personnel available at all times to respond within 2 hours to any issues with the temporary water, including leaks or breaks. 3.09 PIPE CONFLICTS A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1-foot is not possible. B. Cut the watermain beyond the proposed sewer trench wall. C. Remove the abandoned watermain and install offset as shown on the Drawings or as encountered during construction. D. Mechanical joint restraints shall not be allowed on cast iron pipe. 3.10 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all watermain openings promptly before suspension of Work at any time to prevent earth or other substances from entering the watermain. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 10 3.11 FIELD QUALITY CONTROL A. Scope 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Hydrostatic Pressure Test l . Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing Gauge: Liquid filled, 4-1/2 inches diameter, labeled in 1-psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, and stubs. C. Disinfection 1. General Requirement: AWWA C651 - Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20 foot length of pipe based on 3-1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4 Inches 1 2) 6Inches 2 3) 8Inches 3 4) 10Inches 4 5) 12Inches 5 6) 16Inches 9 7) 18Inches 12 8) 201nches 14 9) 241nches 20 c. Contractor shall use a Project specific number of tablets to disinfect watermain for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24-hour period. 3. Fill main with water at a velocity of less than 1-foot per second if tablet method is used. 4. Flushing by Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 24 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. 5. After final flushing and before new watermain is connected to the distribution system, 2 consecutive sets of samples, taken at least 24 hours apart, shall be collected from the new main. 6. At least 1 set of bacteria test samples is required for every 1,200 feet of watermain installed, plus 1 set from the end of the line and at lest one set from each main lateral branch. Bacteria test to be performed by the Contractor and tested by the Contractor. D. Continuity Test (PVC or HDPE) 1. Test to be completed on the tracer wire after installation of all Project utilities. 2. Fill all lines prior to the test. 3. Test all lines including hydrant leads, water services, and stubs. WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 1 1 4. Test: Physically locate all pipes with use of an electronic utility locating device such as a "Metrotech". a. Completing a low voltage circuit with the use of a suitable voltage source and meter to ensure continuity of the tracer wire will be allowed at the discretion of the Engineer, END OF SECTION WATER UTILITIES © 2020 Stantec 1 193804886 33 10 00 - 12 SECTION 33 12 12 WATER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Construction of water service pipe, corporation stops, and all appurtenances. Related Sections 1. Section 33 01 44 - Pipe Bursting. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 10 00 -Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Water Service, Type K: Measurement by linear foot of each size pipe measured along the axis of the pipe, from centerline of the water main to termination as shown on the Drawings with no regard to intervening fittings. Payment at the Bid Unit Price per foot shall include cost of all pipe, fittings, laying, excavation, backfilling, and testing. a. Placement and compaction of the aggregate material around the corporation stop and gooseneck is incidental to the service line. b. Supplying and installing wooden markers or fence a post is incidental to the service line. c. Material, placement, compaction, and removal of excess trench material to be included in the Bid Unit Price for Water Service Line. d. All water service locations shall be marked with a "W" stamp approved by Owner at the time of curb placement. This Work is incidental to installation of the Concrete Curb and Gutter. 2. Water Service Saddle: By physical count of each installed. Bid Item shall include service saddle and tap. a. All Service saddles shall be stainless steel. b. Saddles are to be wrapped in polyethylene encasement and secured with tape is considered incidental to this pay item. 3. Connect to Existing Water Service: Measurement shall be based on each connection made. Payment at the Bid Unit Price shall include all items required to complete the Work, including sleeves and reducers. a. Bid Item is for connections to 2 inches or smaller water services. 4. Corporation Stop: A Bid Item has been provided for Corporation Stop. Measurement by the size and physical count of each installed. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. WATER SERVICES © 2020 Stantec 1 193804886 33 12 12 - 1 2. B88 -Class K Copper Water Service Pipe. B. American Water Works Association (AWWA) 1. C105 -American National Standard for Polyethylene Encasement for Ductile Iron Pipe Systems. 2. C900 - AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 through 12 Inches, for Water Distribution. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 2. Corporation stop. 3. Service saddles. 1.05 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. B. Perform testing of new water main prior to reconnecting existing services. C. Provide the Owner a minimum of 72 hours prior to performing Work. Engineer will coordinate with the Contractor and property owners if private access is required to install the new service. The Contractor shall not install any water service without the Engineer having written authorization from the property owner allowing entry to the building to perform Work. PART 2 PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: 3/4 inch through 2 inches for buried service shall be seamless, Type K water tube conforming to ASTM B88. Service tubing larger than 1 inch shall be rigid Type K and joined using soldered joints 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and/or flaring. 2.02 CORPORATION STOP A. Approved Manufacturers: Mueller No. B-25000, Ford No. FB-600-4, FB-600-6, or A.Y. McDonald No. 4701-B. B. Threaded on outlet for flared connection with copper service pipe. C. Threaded on inlet end with standard tapered corporation cock thread. D. Saddles are required on all PVC water main. 2.03 SERVICE SADDLES A. Stainless steel. WATER SERVICES © 2020 Stantec 1 193804886 33 12 12-2 t.i B. Approved Manufacturers: Smith -Blair 372, Ford FS 303, or Cascade CS22. C. Use spring washers on all bolts and nuts when connecting to HDPE pipe. 2.04 TRANSITION FITTINGS A. PolycamO, or equal steel transition fittings or Polycam0 Flared Nut Aeries 912 shall conform to AWWA C901 for connections to PE Service Pipe. 2.05 TRACER WIRE A. Conform to the requirements of Section 33 10 00. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Water Service Line 1. Terminate water service as shown on Drawings or as directed- by the Engineer. E. Corporation Stop 1. Tap into main only when water main is under pressure. 2. Use 2 layers of pipe tread sealant tape on corporations as a thread lubricant and sealant, or product approved by Owner. 3. Support corporation with 1/2-cubic yard 3/4-inch stabilization rock. F. Tracer Wire 1. Install tracer wire with HDPE water services. 2. Install tracer wire below pipe. 3. Extend tracer wire vertically along the outside of the curb box- G. Reconnect Existing Service l . After testing, reconnect existing service to new service within 5' of new main, utilizing straight coupling or appropriate reducing coupling with flared connection. 2. Remove excess existing service pipe. 3. If service is 4-inches or lager, conform to Section 33 10 00 for pipe and valve installation. 4. Prior to completing the service connection, the temporary water service shall be disconnected from the spigot, and the spigot opened. 5. After service connection, the spigot shall be flushed in an appropriate location until air and/or chlorine is eliminated from the line. 6. If spigot is not available, coordinate flushing with Owner and Engineer. H. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. WATER SERVICES © 2020 Stantec 1 193804886 33 12 12 - 3 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Pressure Testing: All water services will be pressure tested in conjunction with the water main, conforming to Section 33 10 00. C. Tracer Wire Testing: Demonstrate the electrical continuity of tracer wire. 3.03 PROTECTION A. Mark Each Curb Box 1. Mark concrete curb with Stamp "W" 2. Paint on existing sidewalk in line with ex. Curb box. 3. Owner will assist with locating the existing curb boxes on the project with 72 hour notice. END OF SECTION WATER SERVICES 0 2020 Stantec 1 193804886 33 12 12 - 4 SECTION 33 31 14 SANITARY SEWER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer service pipe replacement and all appurtenances. 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 Repair Sanitary Sewer. Measurement will be by each repair to existing sanitary sewer, regardless of size and type of existing sanitary pipe requiring repair due to pipe bursting operations. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, replacement pipe, ferncos, connection to existing sanitary pipe, any intervening fittings required, bedding, backfill, tracer wire (if present) and trench compaction. 2. No Bid Items have been included for service plugs or marking service ends. Payment for these items shall be included in the lineal foot price for Service Pipe. 3. No Bid Item has been provided for Connect to Existing Sewer Service. 4. No Bid Item has been provided for Riser Pipe. 5. Tracer Wire: Shall be considered incidental to the Project. Tracer wire only required if the existing sanitary sewer tracer wire is disturbed during sanitary sewer repair. 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 Materials (ASTM) l . C1173 - Specifications for Flexible Transition Couplings for Underground Piping Systems. 2. D 1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D1785 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 4. D2564 - Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 5. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 6. D2672 - Specification for Joints for IPS PVC Pipe Using Solvent Cement. 7. D2855 - Standard Practice for Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 8. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 10. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. SANITARY SEWER SERVICES © 2020 Stantec 1 193804886 3331 14- 1 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the repair of existing sanitary sewer pipe in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the same quality of Work be received on the house services in the way of grade and alignment, and shall be required on the main lines and laterals. 1.05 SUBMITTALS A. Submit the following items consistent with Section 01 33 00. 1. Product data for the following items. a. Pipe and fittings. b. Transition couplings. c. Tracer wire. 1.06 SITE CONDITIONS A. All Work must be confined to within the limits of construction easements or public right-of- way. B. Verify sanitary sewer service locations prior to the start of any construction. 1.07 SEQUENCING AND SCHEDULING A. Sanitary sewer repairs to be completed as discovered by televising or visual inspection post pipe bursting of water main. PART 2 PRODUCTS 2.01 MANUFACTURED UNITS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings - For any Main Repairs (6 inch and larger) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212. Poly (Vinyl Chloride) (PVC) Schedule 40 Plastic Pipe and Fittings - For Services (4 inch) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of D1785 and ASTM D2665. PVC DWV fittings shall conform to ASTM D2665. Belled end pipe shall have tapered sockets conforming to ASTM D2672. 2. Design: Integral belled pipe with a minimum wall thickness conforming to Schedule 40. 3. Solvent Cement Joints: The solvent cement used to join pipe and fittings shall meet the requirements of ASTM D2564. 2.02 BEDDING MATERIAL A. See Section 33 05 05. SANITARY SEWER SERVICES © 2020 Stantec 1 193804886 3331 14- 2 2.03 SEWER LATERIAL CLEAN OUT A. GenecoO 40P or approved equal. 2.04 TRACER WIRE SANITARY SEWER SERVICES A. Conform to the applicable requirements of NEMA WC3, WC5, and WC7. B. Shall be Underwriters Laboratories (UL) listed for use in direct burial applications (e.g. USE, UF, or tracer wire). C. Conductor: Minimum AWG No. No. 12 in copper rated to 30 volts. D. Outside Identification: Volts (or V), AWG size, UL, and designation (ex. "tracer wire"). 2.05 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01-inch thick shear ring conforming to ASTM C 1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances which may apply. B. Risers: Support attachment to sewer main wye as shown on Drawings. C. Minimum 1/4-inch per foot (2-percent) grade, unless otherwise directed by the Engineer. D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 33 31 00. E. The installation of solvent cemented joints shall be in accordance with ASTM D2855. F. Terminate 5-feet past property line or as shown on Drawings. G. All proposed service line locations are shown on the Drawings. H. Reconnect Existing Service 1. Saw cut existing sewer service at connection point and remove existing pipe. 2. Engineer must inspect the service pipe condition prior to connection. 3. During service reconnections, the Contractor should anticipate variations in size of existing pipe. If a pipe size is encountered that a line item is not present for, the Contractor shall be compensated only for additional material costs associated with the pipe size increase. Likewise, if the pipe size is smaller than anticipated, the Owner shall receive a credit for the material costs associated with the downsize in pipe. SANITARY SEWER SERVICES © 2020 Stantec 1 193804886 3331 14- 3 4. Connect new pipe to existing pipe with a transition coupling approved by the Engineer. a. Place 1 inch to 2 inches of clear rock around the connect to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. b. Concrete collars will not be allowed. I. Tracer Wire 1. Tracer wire only required on services if directed by Engineer or Owner. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Low pressure air and infiltration testing shall conform to Section 33 08 30 and be performed prior to existing service reconnection (where applicable). C. Tracer Wire Testing: Demonstrate the electrical continuity of the tracer wire. 3.03 PROTECTION 1. Protect Sanitary Pipe repair from any deformation or offset during backfill and compaction. END OF SECTION SANITARY SEWER SERVICES © 2020 Stantec 1 193804886 3331 14- 4 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Bitsiness): G.F. Jedlicki, Inc. West Bend Mutual Insurance Company 2471 Galpin Court, Suite 110 Chanhassen, MN 55317 1900 South 18th Avenue West Bend, WI 53095 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: February 10th, 2020 Amount: Three Hundred Thirty-nine Thousand Nine Hundred Six and no/100 Dollars ($339,906.00) Description (Name and Location): 2020 Winnetka Watermain Imrpvoeinents C900 7 Bond Number: 2295603 Date (Not earlier than Effective Date of Agreement): February 26th, 2020 Amount: Three Hundred Thirty-nine Thousand Nine Hundred Six and no/100 Dollars ($339,906.00) 7 Modifications to this Bond Form: i None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL e i i (Seal) Contractor's Na1n nd Corp to Seal By: Signature t Print Name Title Attest: CS� ture R Title SURETY West Bend (Seal) Surety's Na and Corporate Seal By: Signature ttach Power of Attor e Y_) Nicole M. Cot Print Name Title Attest: Signature witness Title I 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 I of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with perforinwice 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 anew 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 tlio P-1-a — of tho Contract Prico to mitigatiuu of uvotz and Qamages on the contract, surety is obligated ^� without duplication for: EJCDC C-610 Peifoemauce Buud (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 I , 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner 7 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 1 Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be t deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11 A 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: North Risk Partners 2010 Centre Pointe Blvd., Mendota Heights, MN 55120 651-3797800 Owner's Representative (Engineer or other paro EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 l l This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of G.F. Jedlicki, Inc. Business): 2471 Galpin Court, Suite 110 West Bend Mutual Insurance Company Chanhassen, MN 55317 1900 South 18th Avenue OWNER (Name and Address): West Bend,WI 53095 City of New Hope 4401 Xylon Avenue North, New Hope, MN 55428 CONTRACT Effective Date of Agreement: February loth, 2020 Amount: Three Hundred Thirty-nine Thousand Nine Hundred Six and no/100 Dollars ($339,906.00) Description (Name and Location): 2020 Winnetka Watermain Improvements BOND Bond Number: 2295603 Date (Not earlier than Effective Date of Agreement): February 26th, 2020 Amount: Three Hundred Thirty-nine Thousand Nine Hundred Six and no/100 Dollars ($339,906.00) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY G.F. Jedlicki, Inc. (Seal) West B , (Seal) I, Contractor's Name and Cp orate Seal Surety's Name d Corporate Sea By: By. Si9rdture Signature ch Power of Attorney) r CgRR€\� �F_d\�c Print Name Title Attest: GL, U1re � �l C Title Nicole M. Coty Print Name Title Attest: (IV I Signature witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page I of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety _(at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice fiu-nished 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 funishing and Owner accepting this Bond, they agree that all funds earned by Contactor 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. 7 a EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 0g6113.16Page 2of3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this + Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense -, in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14_ Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the .jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: North Risk Partners 2010 Centre Pointe Blvd., Mendota Heights,MN 55120 Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. i 00 6113.16 Page 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT STATE OF M1ML Uc j' k COUNTY OFO\L?,L�� On the Zo day of '����1�, C U before me personally appeared ,�—�C_�, 1C'S to F e, who being dul worn, did depose and say: that s/he resides in �� SC�� that s/he is the 31 of the G. F. Jedlicki, 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. L) CATHYAJENSEN NOTARY PUBLIC • MINNESOTA °t,ryyubiic MY COMMISSION EXPIRES 011/31/23 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 26th day of February _ 2020 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 west Bend Mutual Insurance 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) Notary Publi F Notary Public Minriesota Rey Commission EONS January 31, 2024 Vlf"TBEND A MUYIiRI NWRANCE CONFANr" Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Nicole M. Coty lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $7,500,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate all to be hereto duly attested by its secretary thjs 1st day - arch, 2009. Attest AWN :.:. Jarr7e4 J. Pa G" F': Kevin A. Steiner Secretary SRAT. Chief Executive Officer I President s' State of Wisconsin d' �`, County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. IF. nuw��r �I *' NOTARY ' * Johnf-B well PUBLIC' Executive Vice President -Chief Legal Officer p2 ' Notary Public, Washington Co. WI �Fyy18GQ' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 23rd day of January 2020 Dale J. Kent 'r°,-• SF.AI� Executive Vice President - C.P' `_• ` Chief Financial Officer Notice: Reproductions are not binding on the company. Any'questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 Middleton, WI 53562 1 ph (608) 410-3410 1 www.thesilverlining.com CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/25/2020 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 CONTACT Michele Miller NAME: North Risk Partners - Bearence PRHONa� t ; (651) 379-1800 FAX No), (651) 379-7807 2010 Centre Pointe Blvd. ADDRESS: michele.miller@_northriskpartners.com INSURER(S) AFFORDING COVERAGE NAIC # Mendota Heights MN 55120 INSURER A: United Fire & Casualty Group 13021 INSURED INSURER B : SFM Mutual Insurance Company 11347 G. F. Jedlicki, Inc. INSURER C : Ace American Insurance Company 2471 Galpin Court INSURER D: Suite 110 INSURERE: Chanhassen MN 55317 INSURER F : COVERAGES CERTIFICATE NUMBER: 20.21 All Lines RFVISIAN NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD MM/ODNYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES JEa occurrence S 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A 60512002 01/01/2020 01/01/2021 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY [g jE'C'T LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 60512002 01/01/2020 01/01/2021 BODILY INJURY (Per accident) $ HIRED NON -OWNED 25 AUTOS ONLY AUTOS ONLY H PROPERTYD E Par acc7denl $ $ x UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE 60512002 01/01/2020 01/01/2021 DED I X RETENTION S 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 44554.210 01/01/2020 01/01/2021 PER OTH- !� STATUTEI I ER EL. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Pollution Aggregate Limit 2,000,000 C G71479420002 01/01/2020 01/01/2021 Occurrence Limit 1,000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project 2020 Winnetka Watermain Improvements, New Hope, MN: Certificate holder and all others required by written contract is 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 when required by written contract. Blanket Waiver of Subrogation applies to the General Liability, Auto Liability and Umbrella policies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of New Hope ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Avenue North AUTHORIZED REPRESENTATIVE New Hope MN 55428 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Request for Action November 25, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution approving plans and specifications and authorizing bids for the 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) Requested Action Staff is recommending that Council pass a resolution approving plans and specifications regarding the replacement of the water main on Winnetka Avenue between 27th and 29th avenues and authorizing bid of the project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background CenterPoint Energy will be replacing the gas main belt line on Winnetka Avenue between 27th and 42nd avenues in spring/summer of 2020. Storm and sanitary structures will be repaired or rebuilt where necessary on Winnetka. Staff plans to work with the city of Crystal on a joint project for the structure repairs. The water main located between 27th and 29th avenues is in deteriorating condition with a history of numerous water breaks as shown on the water break map attached. The ideal time to replace this section of the city's water system is in conjunction with the upcoming CenterPoint project. The city can minimize cost spent on restoration due to CenterPoint planning to re -pave the entire east side of the Winnetka Avenue as part of the belt line replacement project. The replacement of the water main on Winnetka Avenue between 27th and 29th avenues is identified on the city's 2020 CIP. The existing water main will be pipe -bursted, a process that involves demolishing the pipe in place by boring through the pipe. A new eight -inch plastic water main will be bored in the same place as the demolished water main. Two alternatives are currently proposed, the first which specifies C900 PVC pipe and the second which specifies fusible HDPE pipe. If Council chooses to move forward with the project, bids could be received on January 23, 2020 and a contract considered at the February 10, 2020 council meeting. Construction would be completed in 2020. Funding Funding for $400,000 in water utility improvements is identified in the 2020 CIP. Engineering staff currently estimate the project, including indirect and contingencies, to cost $400,000. There is an additional $10,000 available in the sanitary utility fund and $25,000 in the storm utility fund for the necessary repairs needed on the structures on Winnetka Avenue. 1:\RFA\PUBW0RKS\2019\Council\1027 Winnetka Water Main\] 1-25 Approve Plans and Specs and Authorize Bid Attachments • Resolution • Memorandum by City Engineer • Figure 1— Proposed Project Area • Figure 2 - Water Break Map City of New Hope Resolution No. 19- 121 Resolution approving plans and specifications and authorizing bids for the 2020 Winnetka Water Main Replacement (Improvement Project No. 1027) WHEREAS, the city of New Hope has funding in the 2020 CIP for the replacement of the water main on Winnetka Avenue between 27th and 29th avenues; and, WHEREAS, the city engineer has presented a proposal for the creation of plans and specifications for the replacement of the water main, and has presented this proposal to the City Council for authorization. NOW, THEREFORE, BE IT RESOLVED: 1. Such plans and specifications are hereby approved, 2. The city clerk shall prepare and cause to be inserted in the official paper, an advertisement for bids for the Winnetka Water Main Replacement project in accordance with said specifications. The advertisement shall state that the bids will be opened at 10:00 a.m. CDT for 2020 Winnetka Water Main Replacement project on January 23, 2020, at the New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid shall be given an opportunity to address the City Council on the issue of responsibility. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of November, 2019. Mayor Attest: A , Lu L4 City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Stantec Minneapolis, MN 55402 November 18, 2019 File: 193804886 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2020 Winnetka Watermain Improvements - Approve Plans & Specifications; Authorize Bidding City Project No. 1027 Dear Bernie, In the 2019 CIP, replacement of the existing failing water main on Winnetka Avenue between 27th Avenue North and the City Limit, located north of 29th Avenue North. The project generally consists of replacement of the existing 6" and 8" CIP watermain between 27th and 29th Avenue North by the method of pipe bursting. The timing of this project is to align with upcoming CenterPoint Energy gas main replacement and the Hennepin County Mill and Overlay Project along Winnetka Avenue North (CSAH 156). A meeting was held on October 28th at Hennepin County to discuss and coordinate between agencies to complete these projects. The plans include base bid improvements for existing 6" and 8" water main replacement. The plans also include bidding two alternates, including Alternate No.1 - 8" Fusible PVC, C-900, DR18 water main pipe bursting and Alternate No. 2 - 10" HDPE, DR 11 water main pipe bursting. The estimated total project cost for the water main improvements, including indirect costs, and one of the two alternates, is approximately $400,000 as reflected in the Capital Improvements Plan. If Council chooses to move forward with this project, approval of plans and specifications, and authorization to bid could be given at the November 25th, 2019 meeting. The improvements could be designed in the winter and bids could be opened in January 2020. Construction would begin in Spring/Summer 2020 with substantial completion being done in July 2020. If you have any questions or require further information, please call me at (612) 712-2021. Design with community in mind L November 18, 2019 Mr. Bemie Weber Page 2 of 2 Reference: 2020 Winnetka Watermain Improvements —Approve Plans & Specifications; Authorize Bidding Sincerely, Stantec Consulting Services Inc. Dan D. Boyum, P_F City Engineer dan.boyum@stantec.com Attachments: Figure 1 — 2020 Proposed Project Area Cc: Kirk McDonald, Valerie Leone, Andrew Kramer, Dave Lemke, Shawn Markham, Megan Hedstrom, Matt Rowedder— New Hope; Stacy Woods - Jensen Sondrall Persellin & Woods, P.A.; Kellie Schlegel, Lucas Miller, Ann Dienhart — Stantec. Design with community in mind ' 30TH AVE N '` ! I CITY OF CRYSTAL �n�ll�ll■Il�llwllwll�llw llillw,I IIA II•�Il�ll.■II EH�UAIIAIIAIIwIIw II�IL�II Il,�llwll�l■II�II�IIAu,�nwllwllwllwll�llw ll�Il■urIIw II�IIl II■Il■I��C`�11 CITY OF NEW HOPE I ' 29TH AVE N �� PROJECT LOCATIONAw— 28TH AVE N t ra r■ , TERRA LINDA DRr77 r Ln : 1':•ri �' dr *.f ~ Lu � � i � l N Pp1� r r , 6 r ^ • r z wMts — if 4 CITY OF NEW HOPE lw�lwll�llwp�ll ■11�11w1�li��ilwliwllwllw��■ 'w• ■ ,■ ��ll■I�SII ■II�IV■ Ilwllw ll�Ilw 11Allw 11 wllw 11 �ll�llwllwll■II�II■ llllllllallml lollwllwlli ll■II 27TH AVE N CO RD 70 CITY OF GOLDEN VALLEY N l i 6 PROJECT LOCATION 100 z°° CITY OF NEW HOPE, MN FIGURE: 1 2020 WINNETKA WATERMAIN IMPROVEMENTS PROJECT (3 Stantec 733 M°rquelle Ave—, Suile 1000 Minneapolis, MN 55402 DATE 1 1 /19/2019 PROJ. NO. 193804886 w v sl°nle"°m 29th Avenue 28th Avenue + 2011- 2020 + 20-01 - 2010 + 1 f 1 - ='r c.c. 1.990 + Unklic(o)fl C� 27th Avenue Water Main Break History on Winnetka. 11 water breaks between 27th and 29th avenues. Terra Linda Drive