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IP #871For the full report on City Council agenda packets and/or 0 M Planning Commission , ?.,genda packets. PROJECT NO. 871 Lions Park Res. 2010 -42 10/25/10 Resolution in support of a Hennepin County Youth Sports Grant program application to improve Lions Park (improvement project no. 871) Item 6.6 10/25/10 Motion authorizing staff to solicit plans for Lions Park play equipment (improvement project no. 871) Res. 10 -168 12/13/10 Resolution awarding quotation of $95,000 for playground equipment to Minnesota /Wisconsin Playground for Lions Park project (improvement project no. 871) Item 8.1 1/24/11 Motion to authorize preparation of plans and specifications for improvements to Lions park (improvement project no. 871) Res. 2011 -46 3/14/11 Resolution approving plans and specifications and authorizing advertisement for bids for Lions Park renovation project (improvement project no. 871) Res. 2011 -74 4/25/11 Resolution awarding low bid of $89,252.50 for renovation of Lions Park to Dunaway Construction (improvement project #871) Res. 2011 -143 10/10/11 Resolution approving final pay request to Minnesota /Wisconsin Playground for Lions Park project (improvement project no. 871) for $24,118.34 rni iwrii Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation December 13, 2010 Development and Plann Item No. By: Shari French, P &R Director Steve Ellingson, Athletic Su v. I By: Kirk McDonald, City Manager 8.1 Resolution awarding quotation of $95,000 for playground equipment to Minnesota/Wisconsin Playground for Lions Park project (improvement project no. 871) Requested Action The Lions Park neighborhood has met three times during 2010 to give input on improvements for their park. On November 18, they listened to presentations from three play equipment companies. At the conclusion of the presentations the neighbors voted on their preferred plan. That preferred vendor is Minnesota/Wisconsin Playgrounds. Each company provided their best plans for the site given a budget of $95,000. The resident committee then chose one of the plans and has recommended that plan as the one that best meets the needs of this particular neighborhood in their estimation. Staff supports the neighborhood recommendation and requests a motion to approve the resolution awarding the purchase. The three vendors which provided quotes and presentations on November 18 included Minnesota/Wisconsin Playground, Flagship Recreation, and EFA Parks and Recreation. All three companies' quotes were $95,000 per the specification. A resident representative from the neighborhood group, Bev Erickson, will present the preferred plan at the council meeting. Background The playground equipment at Lions Park, located at 38th and Oregon avenues north, was last replaced in 1989. At twenty -one years of age this equipment is the oldest in the park system. The city has applied twice for a Hennepin County Youth Sports grant to renovate Lions Park including new play equipment. As part of the grant process staff and engineers met with the neighborhood two times to discuss the needs of the park. At the October 18, 2010 City Council work session, staff brought forward a draft of the second grant application for improvements for Lions Park. During the course of the discussion, Council directed staff to continue to gather input from the park neighbors for improvements for this park whether or not a grant application is awarded. The budget fora project without a grant is $220,000 as listed in the 2010 CIP. Motion by - _a,+7,U, y, Second by S To: 6 '2 I: \RFA \P &R \PARKS \R -871 Lions Park play equipment purchase Dec 13 2010.docx Request for action December 13, 2010 Page 2 The plan approved by council included staff requesting that equipment companies provide plans for new play equipment for this park and to present their proposed plans to the neighborhood for consideration. It was determined by staff that $95,000 would be appropriate to spend on equipment with another $30,000 budgeted to improve the play container (by another contractor). The remainder of the budgeted funds could be used to sealcoat and light the parking lot and improve trails, both of which are high priorities for the neighbors. If a Hennepin County Youth Sports grant is awarded, additional improvements will include replacement of the two tennis courts and related lighting and pickle ball striping, a new picnic shelter, enclosing two spaces for portable toilets, improved landscaping, additional benches, and new signage. Sixteen people attended the November 18, 2010 meeting including adults and children and a CAC representative. Letters of invitation were sent out to approximately 150 addresses in this neighborhood. The group listened to the three vendors' presentations on play equipment. After the presentations, all residents including the children were given paper ballots to vote for their preferred plan. On a vote of 6 -5 -1, a Minnesota/Wisconsin Playground plan was chosen. A few "tweaks" were requested by the residents. Staff and the engineer worked out the details with the vendor and the final plan will be presented by a representative of the neighborhood, Beverly Erickson, at the council meeting. The preferred plan includes two separate play structures of a more traditional design; one designed for tots ages 3 -5 years and another for children ages 5 -12 years. Engineered wood fiber will replace the sand as the final surface of the play area and this is included in the $95,000 quote. Work is to be completed by September 1, 2011. Funding Funding is available in the Park Infrastructure Fund which is levy funded each year. The fund was established in 2001 by City Council action. The city's Parks capital improvement plan contains $220,000 for the entire project for Lions Park. Attachments Resolution Contract, specifications, and quote and play equipment layout from MN/WI Playground Quotes from the other two companies Location map 2010 Infrastructure Project I: \ RFA\ P &R\ PARKS\ R -871 Lions Park play equipment purchase Dec 13 2010.docx City of New Hope Resolution No. 2010- 168 Resolution awarding quotation of $95,000 for playground equipment to Minnesota/Wisconsin Playground for Lions Park project (Improvement project no. 871) WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the funds for this work are available within the Park Infrastructure Fund. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota that the appropriation of $95,000 from the Park Infrastructure Fund for payment to Minnesota/Wisconsin Playground is authorized. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of December, 2010. Mayor Attest City Clerk I: \RFA \P &R \PARKS \R -871 Lions Park play equipment purchase Dec 13 2010.docx City of New hope Attn: Steve Ellingson 4401 Xylon Avenue N. New Hope, MN 55428 Phone: 763 -531 -5155 sellingson @ci.new - hope.mn.us Ship To Zip: 55428 Page 1 of 3 1 178749 GameTime - Owner's Kit $44.00 $44.00 3 161290 GameTime - Geo- Textile 2250 Sq .Ft Roll $478.00 $1,434.00 8 161292 GameTime - Wear Mat 44 "X48" $154.00 $1,232.00 1 EWF -12 GT -Impax - 278 Cubic Yards of Engineered $5,637.00 $5,637.00 Wood Fiber I INSTALL GT -Impax - Installation of Safety Surface $2,678.00 $2,678.00 Materials I INSTALL GameTime - Factory Certified Installation of $21,44034 $21,440.34 Play Equipment 1 391 GameTime - Stallion Only $683.00 $683.00 1 4893 GameTime - "C "Spring -Loose Fill $180.00 $180.00 1 5032 GameTime - 2 -5 Age Appropriate Fiberglass $835.00 $835.00 Sign 1 5033 GameTime - 5 -12 Age Appropriate Fiberglass $835.00 $835.00 Sign 1 6142 GameTime - Whirlwind Seat Tilted (F /S) $491.00 $491.00 1 6201 GameTime -Tilted Sky Runner (F /S) $2,934.00 $2,934.00 2 8696 GameTime - Encl Seat 3 1/2 "(8696) $242.00 $484.00 2 8910 GameTime - Belt Seat 3 1/2 "Od(8910) $187.00 $374.00 3 28009 GameTime - 6' P/S Bench W/Back Inground $465.00 $1,395.00 1 36042 GameTime - 3' Xscape Curved Zip Slide w/ $3,345.00 $3,345.00 HDPE I RDU GameTime - GameTime Grant Applicable $85,284.00 $85,284.00 Components - 50% Discount (1) 26049 -- Triton (1) 26062 -- Trapeze Quad Circuit (1) 26064 -- DNA Climbing Wall Attachment (1) 26075 -- Swivel Meister (1) 26077 -- Xcelerator (3) 26083 -- Triton Support Rung (with tab) (1) 26092 -- PS Plus Single Link Cross Beam (15) 26094 -- Triangular Shroud (1) 26095 -- Hanging Pod Link (1) 26102 -- Upright 2 -Way Link Page 1 of 3 (1) 26113 -- Single Rock Upright - w/Rock Step (1) 26119 -- Xscape Swing (1) 26120 -- Xscape Swing Add -A -Bay (1) 36006 -- Fun Seat (1) 36013 -- Rock Wall Link (1) 36014 -- Arched Chain Net Link (1) 36020 -- Single Upright Support w /Step (1) 36024 — 90 Deg 3 WayX -Pad Step (1) 36063 -- Narrow End Balance Beam (1) 36070 -- Cruise Rails (3) 80000 -- 49" Sq Punched Steel Deck (1) 80015 -- 8' Upright Assembly (alum) (5) 80017 -- 10' Upright Assembly (alum) (8) 80018 -- 11' Upright Assembly (alum) (4) 80021 -- 14' Upright Assembly (alum) (1) 80039 -- 8'- 0 "Treescape W /Climber (1) 80078 -- 6 "Stepped Platform (1) 80162 -- Rainforest Canopy (1) 80305 -- 5'- 0 "/5' -6 "Clover Climber (1) 80386 -- Toad Stool Climber (1) 80432 -- 8' Flat Wall Attachment (1) 80438 -- 8' Crazy Eight Climber (1) 80440 -- T /T -6" Tree Climber (1) 80655 -- 5' -0 "Transfer Point (1) 80656 -- Access Attachment 3'& 4' (1) 80818 -- Funnel Enclosure (1) 81.101. --Arch Bridge -98 "Link (1) 81143 -- Giant Wave Climbe Link (1) 81151 -- Funnel Bridge -49" (1) 81203 — 2' -6 "Stepped Platform. (1) 81267 -- Flip Slide W /Hood (1) 81268 -- Wishbone Slide (2) 81275 -- Wildslide Straight Sec (4) 81277 -- Wildslide Right Curve (2) 81278 -- Wildslide 3'Support (2) 81279 -- Wildslide 4'Support (2) 81,323 -- 1' Wildslide Exit Section Page 2 of 3 (1) 81326 -- Wildslide Dbl Entrance Section (1) 81349 -- T -6 "/8' Zip Slide (1) 81532 -- T-O" Skywheel Attach (5) G80016 -- 9' Upright Assembly (gals) SubTotal: $129,305.34 Discount: ($44,152.98) Tax: $4,559.64 Freight: $5,288.00 Total Amount: $95,000.00 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o Minnesota /Wisconsin Playground. Pricing: f.o.b. factory, firm for 30 days from date of quotation. Payment teens: net 30 days for tax supported governmental agencies. A 1.5`ro per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Page 3 of 3 < e W 6 � �,,, L ow X ', ! gL W L; -N N. � u r � ; wt: < 0: w La LL, w ig �S uj z I :0:0 1 � 4 uj U. Lu Z, N w L ci egogog so < Op < 8"d iE i-r 0 0 to z () Lo 03 M ED it: Ln i io el — 7 . �� NNNNNNM \� 1� e Go c; Ilk NP d8 C,) 0 13 P 1 m F 0 m7 ....... ... .. . . ................ . . 0 n 0 I!q!qx3 N c c to r 0 CL O M mi z LO LO 's C, cn CL L�, U vi cz 0 g 0 z Z 1 = z " k wzaz S uj a. =3 w o o 3: U9 S en D In ce CL Uj Z In wm PROPOSAL . ' ik, f la, rEtCr��c Please make all PO's and contracts out to: Landscape Structures, Inc. 601 7th Streeet South Delano, MN 55328 Please remit payment to: Landscape Structures, Inc. SDS 12 -0395 PO Box 86 Minneapolis, MN 55486 -0395 November 19, 2010 Date: We are pleased to submit this proposal to supply the following items: QTY ITEM NO. DESCRIPTION J UNITWTJ UNIT PRICE I WEIGHT EXTENDED AMT Project Name: Lion's Park 1 Playground Equipment (Drawing #15747660 -1 -1) Installed - $ 83,340.00 1 Certified Wood Fiber Installed (215 yrds) $6,890.00 - $ 6,890.00 1 Performance and Payment Bonds $2,850.00 - $ 2,850.00 Terms — 50% down upon ordering: Net 30 days on balanceA.5% finance charge per month on remaining balance SIGNATURE BELOWACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight - ORDER ONLY UPONAPPROVALBY FLAGSHIP RECREATION, LLC CUSTOMER SUBTOTAL MATERIAL $ 93,080.00 RECEIPT OFAN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. INSTALLATION Included Above ACCEPTED BY CUSTOMER DATE FREIGHT $566.55 PRINT NAME # # # # # # # ## SALES TAX $ 1,353.45 PROPOSED BY: DATE Chris DesRoches, Flagship Recreation TOTAL $ 95,000.00 NKIN I NAML This proposal is presented by flagshi recreation Flagship Recreation, LLC 3980 Zanzibar Lane North Plymouth, MN 55446 (0) 763- 550 -7860 (T) 877 - 550 -7860 (F) 763- 550 -7864 info @flagshipplay.com PROW('] Lions Park To accept this quotation, sign here and return: THANK YOU FOR YOUR QUOTE NO. 111610 I)XIE November l8,2010 CUSTO'Xfl?R City of New Hope City of New Hope 4401 Xylon Avenue North New Hope, MN 55438 $ 84,4W.00 10,600.00 SUBTOTAL $ 95,000.00 SALES TAX Taxes Included TOTAL,! $ 95,000.00 m ■ ■ cr. Aw � � \ �} 7 � /\ aƒ| C4 c r.9 \E E 1 ICE U� S V 1 � o rb N N �I x o U� H U� my o Z z Z �iz 06 d N ■ V) �10 O I Z 1 ICE U� S V 1 � o rb N N �I x o U� H U� my City of New Hope Open Space /public Water bject' Prepared by the City of New Hope Aug. 7, 2007 Data Source: Hennepin County Property Records 0 0.25 0.5 1 Miles c IL A 3 .2 63 c 7i 0 z CL 5 Z m i5 N V. lL O M cc 3 15 12 E2 u E E 0 ji 7 g E o o N o o o E� E E E E E E� E E E E E E E E E E E E E 22 N R R IN I I I I I I I I I I I I I N - 6 E o v o ol rl 76 E 2 .2 C- :5 :5 5 (D (D (D (9 c IL A 3 .2 63 c 7i 0 z CL 5 Z m i5 N a } December 16, 2010 Mr. Eric Denning Minnesota/Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, MN 55422 SUBJECT: Lions Park Play Equipment - 871 At its meeting of December 13, 2010, the New Hope City Council approved the contract with your company for project no. 871 for $95,000. The Lions Park neighborhood and city staff are looking forward to the project next year (completion by September 1, 2011). Enclosed please find two contract documents. In the presence of a notary, please sign both contracts. Retain one copy for your files and return the other copy to my attention (envelope provided). 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 Jeff McDowell at Bonestroo (phone 651 -636 -4600) to coordinate the project in 2011. Sincerely, Valerie Leone City Clerk, CMC Enclosures - Contract, IC -134 cc: Shari French Steve Ellingson Jeff McDowell 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 * TDD: 763 -531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 CITY OF NEW HOPE CONTRACT FOR LION'S PARK PLAY EQUIPMENT Bonestroo Project No: 000034 - 10224 -0 City Project No: 871 For valuable consideration as set forth below, this Contract dated the 13 day of December, 2010, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Minnesota/Wisconsin Playground (hereinafter "Contractor "). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the 2010 Specifications prepared by Bonestroo, all of which are incorporated hereby by this reference for the play equipment improvements at Lion's Park. This Contract, the 2010 Specifications (Exhibit A), Quote #3904 provided by Minnesota/Wisconsin Playground (Exhibit B), and the attached plans dated December 3, 2010 provided by Minnesota/Wisconsin Playground (Exhibit C), shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in the contract documents and shall include the entire completed construction to be furnished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. 3. CONTRACT PRICE The City agrees to pay Contractor the total amount of the lump sum contract. The lump sum cost for the completed work is $95,000. The work included in this project cannot begin until approval of this contract is received and the notice to proceed is given by the Engineer. 4. COMPLETION DATE/LIQUIDATED DAMAGES All work under this Contract shall be completed by September 1, 2011 (hereinafter "Completion Date "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of September 1, 2011 the Contractor shall pay the City $100.00 per day as liquidated damages. —1— 5. INSURANCEBOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all automobiles: $1,000,000.00 C. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverage's to be in effect from the date of the contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 3 0 days written notice to the City of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials /Labor Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota and (B) are named in the current 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 Audit Staff Bureau of Accounts, U. S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. —2— 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be 1Ok Alt"L v 3': — Se-z. Z& 46rzo U, v 7! ,3 7k 7 /) The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this / c day of bee- , 2010, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. �� NOTARY ., PUBL SO a. M y C omm i Wm E)Ores Jan 31 Notary (1 —3— MINNESOTA/WISCONSIN PLAYGROUND Its: By: Its. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this f day of , 2011, by the respectively, of ? , a Minnesota corpora ion, on behalf of said corporation. PART 1 GENERAL A. The project consists of the installation of new play equipment at Lion's Park in New Hope, MN. The Work consists of the design and installation of play equipment and ADA compliant engineered wood -fiber surface. B. Site work including demolition, grading, draintile installation, and curbing will be installed by the City in a separate project. The play equipment manufacturer shall coordinate container size and construction scheduling with the City and the City's Engineering Consultant. C. All costs associated with the play equipment and engineered wood -fiber surface shall not exceed $95,000. Costs shall include, but not be limited to, shipping, handling, taxes, installation, inspections, disposal of packaging materials, bonding and all other work and costs required by the contract documents. 1.02 OWNER A. The City of New Hope is designated as the Owner. B. The Owner's representative for this work will be Steve Ellingson. A second Owner's representative will be John Blasiak. 1.03 DESIGN REPRESENTATIVE A. Bonestroo is designated as the Design Representative. B. The Design Representative for this work will be Jeff McDowell, Office Phone 651 - 604 -4798, Cell Phone 651- 492 -9124. 1.04 SELECTION AND PURCHASING PROCESS A. A neighborhood meeting will be held on November 18, 2010. Each Contractor will be allowed 30 minutes total to present up to two play equipment concepts and allow for questions and answers. It is likely that the successful Contractor will be chosen at the end of this meeting. However, the City reserves the right to postpone the decision to a later date. B. The City reserves the right to negotiate features, services, and costs with the successful Contractor following the neighborhood meeting. C. If terms cannot be agreed upon, The City reserves the right to reject the quotation of the successful Contractor and begin negotiations with another Contractor. D. City Council will meet on December 13, 2010 to authorize purchasing of equipment. 1.05 START AND COMPLETION DATES SUMMARY © 2010 Bonestroo ( 000425- 09128 -0 01 1000-1 A. Work shall start in the summer of 2011. The Contractor will work with the City to coordinate and schedule play equipment installation with the construction of new trails and sidewalk within the park. B. All work shall be completed by September 1, 2011. 1.06 EXAMINATION OF THE SITE A. It is required that each Contractor, before submitting a proposal for work required under this specification, shall visit the site, make a thorough examination of existing conditions, take all necessary measurements, and thoroughly familiarize themselves with all existing conditions and all of the limitations pertaining to the work herein contemplated. B. No additional compensation will be allowed because of the Contractor's misunderstanding as to the amount of work involved or their lack of knowledge of any of the conditions pertaining to the work based on their failure to make examination of the site. C. The submission of a proposal shall be considered assurance that the Contractor has visited the site and made a thorough examination of conditions and limitations. 1.07 CONTRACT A. The Contractor shall enter into a Contract with the City of New Hope using the City's standard contract. B. Before beginning actual Work, the Contractor shall submit the following insurance using the City's standard contract: 1. General Contractor Liability: $1,000,000.00 2. Automobile Liability for all automobiles: $1,000,000.00 3. Workman's Compensation: Statutory Amounts C. The Contractor shall furnish Performance and Materials /Labor Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. 1.08 DELIVERY A. The City of New Hope will process payment once delivery has taken place. Payment will be made in accordance with section 1.14 of this Exhibit A. B. All equipment delivered shall be palletized and wrapped to protect from damage. C. If the equipment is delivered to the City prior to its installation, the Contractor shall store the equipment at Public Works until it is ready to be transferred for installation at the project site. If playground equipment is stored at Public Works prior to installation the Contractor will be responsible for unloading it for storage, loading it again for transfer, and unloading at the site for installation. All equipment transfer costs are the responsibility of the Contractor and shall be included in the Project cost. 1.09 PERMITS A. No permits are required for this project. 1.10 SHOP DRAWINGS AND PRODUCT DATA SUMMARY © 2010 Bonestroo 1000425-09128-0 01 1000-2 A. Shop drawing submittals shall be provided for the following items: • Play equipment B. Shop drawings shall be submitted directly to the Design Representative. A minimum one week period shall be allocated for review. Two copies of each shop drawing will be retained for the use of the Design Representative and the City. C. Product submittals shall be provided for the engineered wood -fiber surface. in EX 41 "0810 A. Lion's Park is bounded on the south by 38 Ave, on the north by 39 Ave, on the west by Oregon Ave, and on the east by Maryland Ave. The existing play structure is located on the western edge of the park. 1.12 EXISTING PLAY EQUIPMENT A. The existing play equipment sits in a 70 foot (north -south dimension) by 80 foot (east -west dimension) play container. The City will remove the existing edging, sand, and play equipment. The north, south, and west edges of the existing container are adjacent to turf areas with mature trees. The eastern edge of the existing container is bounded by an existing bituminous path. The existing bituminous path will be rebuilt in 2011 under a separate project. B. If the Contractor desires to change or alter the size and dimensions of the play container, Contractor must submit the proposed changes to the City's design representative Jeff McDowell. No changes or alterations may be made to the play container by the Contractor without first obtaining the approval and consent of the City's design representative in his sole discretion. A. Play equipment shall include product for age ranges two to five and five to twelve. The Contractor shall recommend a product mix they feel will be best utilized in Lion's Park users. B. All equipment must be validated by the International Playground Equipment Manufacturers Association (IPEMA) to conform to ASTM 1487. C. Uprights shall be five inches in diameter. D. Game Time equipment shall come from the following product lines: Xscape and PowerScape. E. Landscape Structures equipment shall come from the following product lines: Weevos, Evos, PlayBooster, and PlayShaper. F. Xccent equipment shall come from the following product lines: Fusion and TriaX. 1.14 PAYMENT A. Delivery of Equipment — Contractor will be paid $70,881.66 upon delivery to the City of the equipment listed on Exhibit B. Said payment shall be made no later than 35 days from the date all of the equipment is received by the City. B. Installation of Equipment — Contractor will be paid $24,118.66 less (5 %) five per cent retainage after installation of the equipment. Said payment shall be made no later than 35 days from the date installation is fully completed. SUMMARY © 2010 Bonestroo 1000425-09128-0 01 1000-3 C. Payment of Retainage - The City will pay the Contractor all retainage within 35 days from the date the City accepts the project. D. Payment to Subcontractors — The contractor must pay any subcontractor within ten days of contractors receipt of payment from the City for any undisputed services performed by the subcontractor. 1.15 SAFETY REQUIREMENTS A. The existing park and surrounding facilities will be used by the public during the performance of the work. The Contractor shall provide sufficient barricades, fencing, and other safety precautions to prevent accidents and injuries. Open excavations shall be covered at all times. B. Existing underground utilities are not shown on the drawings. The Contractor shall notify Gopher State One. Call at 651- 454 -0002 to locate and mark all utility locations prior to start of excavation work. C. All play equipment must be installed by a National Recreation and Park Association certified playground safety inspector. Playground Contractor shall supply a written audit performed by a licensed certified playground safety inspector A. The Contractor shall provide a lifetime or 100 -year warranty on all uprights and hardware. B. The Contractor shall provide a minimum 15 -year warranty on all plastic components and metal decks. C. The Contractor shall provide a 5 year warranty on all paint and coatings against failure due to separation, peeling, corrosion and other failure due to natural deterioration and manufacturing defects. D. The Contractor shall provide a 10 year warranty on color and gloss of all painting and coatings. E. The Contractor shall provide a full one -year warranty on all work, in addition to the standard equipment warranties provide by the material manufacturers. The warranty period shall start upon completion of the project. 1.17 UTILITIES A. The Contractor may use the City's utilities and facilities within Lion's Park at no cost, including electricity, water, sewer, heat, and restrooms. 1.18 CLEANING A. Clean and protect work in progress on a daily basis. B. Prior to inspection for completion, thoroughly clean all new work and adjoining existing areas. Remove protective coatings, barriers, protective devices, and surplus materials. 1.19 FINAL INSPECTIONS A. Contractor shall inspect final construction and provide a written audit performed by a licensed, certified playground safety inspector stating that the equipment complies with all applicable standards and meets all National Playground Safety Institute Guidelines. SUMMARY © 2010 Bonestroo ( 000425 - 09128 -0 011000-4 1.20 RECORD DOCUMENTS A. Mark -up one set of drawings and specifications showing changes made in the work. B. Deliver record documents to Design Representative upon project completion. 1.21 EXISTING SITE PHOTOS SUMMARY © 2010 Bonestroo 1000425-09128-0 01 1000-5 North Edge of Existing Play Container West Edge of Existing Play Container SUMMARY © 2010 Bonestroo 1000425-09128-0 01 1000-6 South Edge of Existing Play Container East Edge of Existing Play Container From: FAXmaker To: 7635465050 Page: 2/2 Date: 2/15/2011 3:14:02 PM OP ID LD ,�lC °r2a CERTIFICATE OF LIABILITY INSURANCE 702115111 YV, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, It SUBROGATION IS WAIVED, subject to the terms ar conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . CONTACT PRODUCER 952- 947 -9700 NAME: RJ Ahmann Company 962.947.9793 FAX 7555 Market Place Drive PHONE �xt� __.._..--- __. -.___ 1 (A(c,,NO)' E -MAtL Eden Prairie, MN 55344 ADDRES Amy Hairston PRODUCER MINNEI2 r ,n tt _ COVERAGE NAIC A INSURED Minnesota Playground, Inc. INSURE A Nautilus Ins, Co. Minnesota /Wisconsin Playground INSURE B Insurance Company 10677 _ P.O. Box 27328 INSURER c Fund Insurance Co 10166 _ Golden Valley, M N 55427 INSURER D INSURER E: i INSURER COVERAGES CERTIFICATE NUMBER: REVISION NU MBER: 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, 1'HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, nv unvc ociznl Pon 1r`r-n rav PAIn CI AINA-q INSR A TYPE OF INSURANCE P ADDL S SUER P POLICY NUMBER POLICY ELF P POLICY EXP L LIMITS A X GENERAL LIABILITY E BKO010081 -03 P 10 /26!10 1 1fl126/11 A EACH OCCURRENCE 1 1,000,000 A — - 50,000 h1ED EXP (Any on ;, E Excluded City of New Hope 4401 Xylon Ave New Hope, MN 56428 CITYNEW I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD This fax was sent with GFI FAXmaker fax server. For more information, visit: http: / /www,gfi.com March 28, 2011 Mr. Eric Denning Minnesota/Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, MN 55422 SUBJECT: Lions Park Play Equipment - 871 Thank you for returning the executed contracts for Lion's Park play equipment, a certificate of insurance, and the W-9. I am returning one fully executed copy of the contract for your files. Prior to commencement of work, please submit the performance and materials/labor payment bonds to my attention. Your city contact person is Steve Ellingson at 763-531-5155. Sincerely, Valerie Leone City Clerk, CMC Enc. cc: Shari French Steve Ellingson Jeff McDowell 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 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 I W AIA Document A312'm - 1984 CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): MINNESOTA/WISCONSIN PLAYGROUND, INC. INLAND INSURANCE COMPANY PO BOX 27328 P.O. BOX 80468 GOLDEN VALLEY, MN 55427 LINCOLN, NE 68501 OWNER (Name and Address): CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 CONSTRUCTION CONTRACT Date: December 13th, 2011 Amount: NINETY -FIVE THOUSAND AND N0 1100THS ($95,000.00) Description (Name and Location): Lion's Park Play Equipment City Project No: 871 New Hope, Minnesota BOND Date (Not earlier than Construction Contract Date): April 1st , 2011 Amount: NINETY -FIVE THOUSAND AND NO /100THS ($95,000.00) Modifications to this Bond: [None CONTRACTOR AS PRINCIPAL (Any additional signatures appear on page 4) ❑ See page 8 SURETY Bond No.: 796364 Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. Company: (Corporate Seal) INLAND INSURANCE C PANY Signature: Name and Title: Gay§ McBride Att rney -in -Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, En,in.eer or other party): R. J. Ahmann Company 7555 Market Place Drive Eden Prairie, MN 55344 (952) 947 -9700 Bonestroo, Inc. 2335 West Highway 36 St. Paul, MN 55113 AIA Document A312TM —1984. The American Institute of Architects. § 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, adnunistrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor ~hall ha.c no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3 If there is no Owner Default, the Surety's obligation under this Bond shalt arise after: § 3.1 The Owner has notified the Contractor and tl7c Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable tune to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to dCCalV a ContraCtOr Default; and § 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the conu Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received nutice. as provided in Section 3.1; and § 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take orne of the followin- actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction, Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perCurmancc and completion of the Construction Contract, arrange for a contract to he prepared for execution by the Owncr and the contractor selected with the Owner's concurrence, to be secured with performance and payniont bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the aruotrnt of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with re.a .son.rble promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole, or in part. and notify the Owner citing reasons therefor. § 5 If the Surety does not. proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice front the Owner to the Surety demanding that the Surety perform its obligations under this Band, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole, or in part, without further notice the Owner shall be entitled to enforce any re.rnedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 42, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety .shall not be grouter than tho."e of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: § 6.1 The responsibilities of the Contractor for correction of defective work and completion of tale Construction Contract: § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and AfA Document A312TM —1984. The American Institute of Architects. § 6.3 Liquidated damages, or if no liquidated dtnnages are specified in the Construction Contract, aetuol damasres cauved by delayed performance or non - performance of the Contractor. § 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the C`tiTSII uctiou Contract, and the .Balance of the Contract Price shall not be reduced or set off on account of and= such tuu obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its ho'irs, 0.xxcutors, adminititruaus or Successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract Or to related subcontracts, purchase orders and other obligations. § 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competenr jurisdiction in the Iocaliom in which the work or part of the work is located and shall be instituted within two years uftc; C4u�uuct�rr Dclitult 01' VVIthin MO years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obli-atians under this Bond, whichevcr occurs first, if the provisions of this Paragraph are void or prohibited by late. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 14 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shoe;m on the signatuue page. § 11 When this Bond has been furnished to comply with a statutory or other Icgal requirement in the location whcre the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requircntent SIMIt he deemed deleted here from and provisions conforming to such statutory or other legal requirement shalt be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common late- bond. § 12 DEFINITIONS § 12,1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the ('onStrnCtlotl Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be recci"ed by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by ttll valid and proper payments made to or on behalf of the Contractor tinder the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. includingi all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waivcd. to pay the CUntra: to�r as r cluirLwi i,�, the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A312"'m —1984. The American Institute of Architects § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A312TM — 1984. The American Institute of Architects. 4 ACKNOWLEDGMENT OF SURETY State of Minnesota) County of Carver) On this Ist day of April 2011 before me personally appeared Gary McBride to me known, who, being by me duly sworn, did depose and say: that s /he resides at Oakdale, Minnesota that s /he is the Attorney -in -Fact of INLAND INSURANCE COMPANY the corporation described in and which executed the annexed instrument; that s /he knows the corporate 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; that s /he signed his /her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. E Y MAR JO ANNE DINGVVALL 11 A NOTARY PUBLIC MINiJESOrtA '- d y C Expires Jan 31 2015 Notary Public ACKNOWLEDGMENT OF CORPORATION State of Minnesota) County of Pu On the 1st day of April 2011 before me personally appeared g t L - , to me known, who being by me first duly sworn, did depose and say that s /he resides in A u 4z k i & , that s /he is the V of MINNESOTA/WISCONSIN PLAYGROUND INC. the corporation described in and which executed the foregoing instrument; that s /he knows the corporate seal of said corporation, that the corporate seal affixed to said instrument is such corporate seal, that it was so affixed by order and authority of the Board of directors of said corporation, and that s /he signed his /her namc thereto by like order and authority. INLAND INSURANCE COMPANY Lincoln, Nebraska POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the INLAND INSURANCE COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln. Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1951, to wit: "Article V- Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint Dean R. Hildebrandt, Victoria, Minnesota or Richard J. Ahmann, III, Eden Prairie, Minnesota or Gary McBride, St. Paul, Minnesota or Mary Jo Dingwall, Waconia, Minnesota or Andrew P. Krane, Mtka, Minnesota or Carl M. Godziek, Maple Grove, Minnesota its true and lawful Attomey(s }in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of theINLAND INSURANCE COMPANY, held on July 23, 1981: "RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attomey executed in accordance with Article V- Section 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 17th day of F ebrualy_ . 20 10 INLAND INSURANCE COMPANY + J f /n {' r CORPORATE Secretary By Vice President — I State of Nebraska SEAL ss. G °in'REs�P�� County of Lancaster On this 17th _ day of FebrU 20 10 _, before me personally came Curtis L Hartter. to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska: that (s)he is the Vice President of the INLAND INSURANCE COMPANY, the corporation described in and which executed the above instrument: that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that Bylaw. Article V- Section 6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. My Commission Expires February 16. 2014. Notary Public IONA: TMA TIN COmm. E . Feb . Id 201+1 1, Cheryl A. Brown, Assistant Secretary of INLAND INSURANCE COMPANY. do hereby certify that the above and foregoing is a hue and correct copy of a Power of Attorney executed by said INLAND INSURANCE COMPANY, which is still in full force and effect. Signed and sealed at the City of Lincoln, Nebraska this l� ___ day of ll P or $ r->- 2011 Assistant Secretary `t CORPORATE r SEAL CERTIFICATE OF LIABILITY INSURANCE 119 /2M/DDlYYYY) 05/19/2011 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 POIICy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Deborah Thompson Security - Victor Insurance NAME: PHONE 651x(62 -3124 FAX 651 - 462 -02 E-MAIL A7C 5357 Wyoming Trail P.O. BOX 365 No: ADDRESS: DeborahCsvinsurence.com Wyoming MN 55092 INSURERS AFFORDING COVERAGE NAIC R INSURED INSURER A . O—r$ 32700 4Dunaw unaway INSURER B : OWNERS Construction INSURER C: otre Dame St NE INSURER D: ake MN 55025 -8324 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I U POLICY NUMBER MMIDD MM/ODmYY LIMITS GENERAL LIABILITY EICHOCCU CCURRENCE M 000 X COMMERCIAL GENERAL LIABILITY E S Ee occurrence _ 000 B CLAIMS -MADE � OCCUR MP (Any one person) 6 Y N 08016441 05/19/2011 05/19/2012 PNAL & ADV INJURY 000 GAL AGGREGATE 0 GENT AGGREGATE U O- APPLIES PER: PCTS - COMP/OP AGG 0 POLICY PRO- Fage AUTOMOBILE LIABILITY CED SINGLE LIMIT 00 ANY AUTO dent AUTOS� X SCHEDULED B INJURY (Per person) A AUTOS BINJURY (per acc dent) HIRED AUTOS NON - O WNED N N 9597069505 05/19/2011 05/19/2012 PT t DAMAGE AUTOS X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 3,000, 0 B EXCESS LtI CLAIMS -MADE N N 9597069506 05/1912011 05/19/2012 AGGREGATE $ 3,000,000 DED RETENTION$ ° °° WORKERS COMPENSATION $ AND EMPLOYERS' LIABILITY WC STATU- X OTH- A OFFIC ANY P ER/ME M BE RlE R EXCLUDE/EXECUTIVE YIN E.L. EACH ACCIDENT $ 1,000,000 ER/MEBEXCLUDED? n N /A (Mandatory In NH) 08058056 05/19/2011 05/19/2012 K es, describe under E.L. DISEASE - EA EMPLOYE0 $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER , Aa1^ City of New Hope THE U EXPIRATION H DATE V T E NOTICE I WILL C BE C DELIVERED RN 4401 Xylon Avenue North ACCORDANCE WITH THE POLICY PROVISIONS. New Hope MN 55428 AUTHORIZED REPRESENTATIVE 0 1988-26fAdORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORA Surety & Insurance Services, LLC PO Box 506 • Montevideo, Minnesota 56265 • TEL (320) 269 -8546 • FAX (320) 269 -6287 www.acoraservices.com Date: May 12, 2011 1 10 1 Thank you! 4ek Rebecca J. Risa DUPLICATE ORIGINAL (4) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S Kevin Dunaway dba Dunaway Construction A 17149 Notre Dame Street NE, Columbus, MN 55025 4 4 OWNER (Name and Address): L o City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 CONTRACT Date: Amount: $89,252.50 Description (Name and Location): Lions Park Improvements, New Hope, MN BOND Bond Number: 20 -SUR- 211520 Date (Not earlier than Contract Date): May 12, 2011 Amount: $89,252.50 Modifications to this Bond Form: None. SIR (Name and Address of Principal Place of Business): erican Safety Casualty Insurance Company 4 Ocean Blvd., 18th Floor ng Beach, CA 90802 City Project No. 871 Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company Kevin Duna ay dba Dunaway Construction Signature: , (Seal) Name and e: Kevin Dunaway Owner (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY American Safety Casualty Insurance Company (Seal) Surety's Name and Corporate S By. �& �a Signature and Title Ronald Kaihoi, Attorney- in- Fact (Attach Power of Attorney) Attest: Signature and Title A Nor une, Account Specialist �41 (Seal) N/A Surety's Name and Corporate Seal By: N/A Signature and Title (Attach Power of Attorney) Attest: N/A Signature and Title: (Seal) EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. N/A 00 6113.13-1 1. 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. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3, 1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 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 3.2. 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 altar Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one ofthe following actions: 4,1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. 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 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its ri ght to perform and eompletc, 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. S. If Surety does not proceed as provided in Paragraph 4 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 4.4, 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. 6, After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and die responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit ofthc 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. 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contmcto>'s Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance ofContractor. 7. 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 ofany such unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. 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. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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. 12. Definitions. 12.1 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 frr eh mages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 111 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. 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 comply with the other terms thereof FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency)orxam3tesACORA Surety & Insurance Services,LLC,PO Box 506, Montevideo, MN 56265; Ph: 320- 269 -8546 Owner's Representative (engineer or other party) Bonestroo, 2335 Hwy. 36 W, St. Paul, MN 55113; Ph: 651- 636 -4600 00 6113.13-2 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Naive and Address of Principal Place of Business): Kevin Dunaway dba Dunaway Construction American Safety Casualty Insurance Company 17149 Notre Dame Street NE, Columbus, MN 55025 444 Ocean Blvd., 18th Floor OWNER (Name and Address): Long Beach, CA 90802 City of New Hope 4401 Xylon Avenue North, New Hope, MN 55428 -4898 CONTRACT Date: Amount: $89,252.50 Description (Name and Location): Lions Park Improvements, City Project No. 871 New Hope, MN BOND Bond Number: 20 -SUR- 211520 Date (Not earlier than Contract Date): May 12, 2011 Amount: $89,252.50 Modifications to this Bond Form: None. Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Kevin Duna ay dba Dunaway Signature: ` Name and Tit e: Kevin Dunaway Owner SURETY Construction (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company. Signature: N/A (Seal) Name and Title: American Safety Casualty Insurance Company {Seal} Surety's Name and Corporate Seal By: Signaturean Title Ronald Kaihoi, Attorney -in -Fact (Attach Power of Attorney) Attest: Signature and Title Amy Norda ne, Account Specialist SURETY N/A (Seal) Surety's Name and Corporate Seal By: N/A Signature and Title (Attach Power of Attorney) Attest: _ N/A Signature and Title: EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00 6113.16-1 I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor. 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 21. 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 addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety 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. 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 ibis Bond. 10. Surety hereby waives notice ofany change, including changes of time, to Ole 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 jurisdicti on 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 4.23, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(]) or (2) first occurs. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. 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 famished 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 shalt 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 pagc, 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 comply with the other terms thereo£ FOR INFORI IATIOiN ONLY —Name, Address and Telephone SuretyAgencyRkY#ytl : ACORA Surety & Insurance Services LLC, PO Box 506, Montevideo, MN 56265;Ph: 320 - 269 -8546 Owner's Representative (engineer or other party): . 36 W St. Paul MN 55113 Ph: 651- 636 -4600 RnnP,9t2zgQ, 2335 00 6113.16-2 F U1 State of' inne County of fit,; sa ga } On this 12th day of May , in the year 2011 , before me personally comes Kevin E. Dunaway to me known and known to me to be the person who is described in and executed the for going instrument, and acknowledges to me that he /she executed the same. ' , N ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this day of personally come(s) a member of the co- partnership of 0 0 to me known and known to me to be the poKon who is described in and executed the foregoing instrument, and acknowledges to me that he /she executed the same as the act and deed of the said co- partnership. Notary Public • State of County of } On this day of _ he /she resides in the City of i the year , before me personally come(s) to me known, who being duly sworn, deposes and says that that he /she is the of the , the corporation described in and which executed the foregoing instrument, and that he /she signed his/her name thereto by like order. in the year , before me Notary Public STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 12th day of May , 2011 , before me, a Notary Public within and for said County, personally appeared Ronald Kaihoi to me personally known, who being by me duly sworn he /she did say that he /she is the attorney -in -fact of American Safety Casualty Insurance Company, the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act and deed of said corporation. N Lk�k�,.4 �OTARYPUBLIC My Commission Expires i Is, P ( a a -X 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. Jason P. Quisberg Date: March 14 2011 License # 44315 IWI • 1 PROFESSIONAL CERTIFICATIONS © 2011 Bonestroo 1 00034 - 10224 -0 000105-1 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 03 00 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project ject Management and Coordination 01 3300 Submittal Procedures 01 40 00 Quality Requirements 01 5000 Temporary Facilities and Controls 0157 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 — Existing Conditions 0241 13 Selective Site Demolition FACILITY SERVICES SUBGROUP Division 26 — Electrical 26 05 05 Basic Electrical Materials and Method 2605 19 Low Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 08 00 Commissioning of Electrical Systems 26 50 00 Lighting SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill TABLE OF CONTENTS 2011 Bonestroo 100034-10224-0 0001 10-1 Division 32—Exterior Improvements 32 1123 Aggregate Base Courses 32 1201 Flexible Paving (Municipal Projects) 32 13 14 Concrete Walks, Medians and Driveways 32 1613 Concrete Curbs and Gutters 323131 Chain Link Fences 329200 Turf and Grasses Division 33-Utilities 330505 Trenching and BaokfiUing 33 12 12 Water Services ]]4600 SuUdn3inage TABLE 0pCONTENTS ��2011 Donestmu 100034-10224-0 0001 10'2 • iJ Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 11 A.M., CDT, Friday, April 15, 2011, 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: Lions Park Improvements City Project No 871 In general, Work consists of the following approximate quantities: 800 LF New Bituminous Park Trail, incl. removals, concrete curbing and pedestrian ramps, bituminous pavement, aggregate base, etc. 200 LF Park Trails Reconstruction, incl. removals, concrete curbing and pedestrian ramps, bituminous pavement, aggregate base, etc. 1,050 CY Common Excavation, off -site and on -site 300 LF Concrete Play Area Curb 1 LS Clearing and Grubbing 0.6 AC Topsoil, Seed, and Mulch 2 EA Light Pole, Fixture, and Base 340 LF Electrical Conduit, incl. handholes, breakers, and wiring, etc. Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $75 (for a paper copy), or a fee of $20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 with a check for a fee of $75. Bidding Documents may be viewed at the office of the City of New Hope and at the Issuing Office. Direct inquiries to Eng i neer's. Project Manager Chad Davison at (651) 604 -4913. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS © 2011 Bonestroo 1000034-10224-0 0011 13-1 SECTION 00 21 13 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 the Bonestroo Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Bonestroo Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Bonestroo. 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. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bonestroo Plan Room. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10224-0 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 genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the `technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 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 INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10224-0 0021 13-2 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. 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; E. 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; F. 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; G. 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 H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10224-0 0021 13-3 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDUM 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 Addendum 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 Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addendum may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 000034 - 10224 -0 0021 13-4 ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo ( 000034 - 10224 -0 0021 13-5 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 letters of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1 000034 - 10224 -0 0021 13-6 D. Bidders may submit a Bid on proposed Substitute Items. The Deduct Price for each Substitute Item shall be the price deducted from the Total Base Bid, if accepted by the Owner. In the evaluation of Bids, Owner may select any combination of Substitute Items or may choose not to accept any Substitute Items. E. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid ". The Owner may choose to not accept any Alternates or Substitute Item Bids. 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 11.023 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 00410, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and /or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo ( 000034 - 10224 -0 0021 13-7 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 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the 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. END OF SECTION INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10224-0 0021 13-8 0 V BIDDER: Bonestroo DOCUMENT 00 41 10 BID FORM LIONS PARK IMPROVEMENTS CITY PROJECT NO. 871 PROJECT NO. 000034-10224-0 NEW HOPE, MN 2011 THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date 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 ail: (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. 000034102240 © 2011 BonesUoo 004110-1 BID FORM 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, H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J, The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted, K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. 000034 - 10224-0 © 2011 Bonestroo 0041 10-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 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. SUBMITTED on 1 0 20 If If Bidder Is: An Individual Name (tvned or nrintedl 413 I La L LV a Business Street Address (No P.O. Box #'s): Phone No.: (0 5 1 ``4 q " t IV;" Fax No.: (OS — ` t &q - PT V'j f000034102240- 8IDFORMAsm 004110-6 BID FORM Unit Prices have been computed in accordance with Paragraph 11.033 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price PART 1- BASE BID 1 MOBILIZATION LS 1 $ TCCO. ate $ T 0 06, Oe 2 TRAFFIC CONTROL LS 1 $ S-O&O $ 00 3 CLEAR AND GRUB LS 1 $ Too + 0 C) $ IC , 00 4 REMOVE BITUMINOUS PATH SY 700$ $ �T 7s, 00 5 SAWING BITUMINOUS PAVEMENT LF 20$ 3 , 0 0 $ 60 , 0 0 6 REMOVE CONCRETE SIDEWALK SY 120$ ` " ° $ c 7 REMOVE CHAIN LINK FENCE LF 15$ 10, $ j S`0 B GHQ' 8 REMOVE CONCRETE RETAINING WALL LF 270$ 3.0 $ 0/0 9 SALVAGE AND REINSTALL DRINKING EA 1 $ '6_00 : 00 $ 4 �; - 00 , 00 FOUNTAIN 10 REMOVE CONCRETE PAD EA i $ /00- $ /00 11 REMOVE BENCH EA 2$ S + ®() $ /00 12 COMMON EXCAVATION (P) CY 600$ /0,00 $ 6X 6,00 13 SELECT TOPSOIL BORROW (LV) CY 300$ <-1 3 , 00 $ 6q 0s ®0 14 AGGREGATE BASE, CLASS 5 TN 500$ f s- + ®o $ 7TOO a 15 TYPE SP 9.5 WEARING COURSE MIXTURE TN 240$ 100 $ 1 (1,B) 16 DRINKING FOUNTAIN SERVICE LS is 5700 aQ $ _0 17 6" CONCRETE SIDEWALK SY 80 $ `415, d $ ' j 0q, CD 18 6" CONCRETE PAD EA 1 $ � $ 1 5 Li 000034-10224-0 © 2011 BoresUw 004110-3 BID FORM No. Item 19 1" CURB STOP AND BOX 20 CORE HOLE FOR DRAINTILE CONNECTION 21 4" PVC STORM SEWER, SCHEDULE 40 22 4" PVC DRAIN TILE, SCHEDULE 40 23 COARSE FILTER AGGREGATE (CV) 24 CONCRETE CURB AND GUTTER 25 CONCRETE PEDESTRIAN CURB RAMP 26 TRUNCATED DOME PANEL 27 END POST, CHAIN LINK FENCE 28 SEEDING 29 MULCH MATERIAL, TYPE 1 30 SILT FENCE, MACHINE SLICED 31 PROTECTION OF CATCH BASIN IN STREET 32 TEMPORARY ROCK CONSTRUCTION 0 ° ENTRANCE tb TOTAL PART 1 - BASE BID m EA PART 2 - ALTERNATE 1 33 1 1/2" PVC CONDUIT, SCH. 40 34 #10 AWG WIRE 35 CONCRETE POLE BASE 36 LIGHT POLE AND FIXTURE 37 CIRCUIT BREAKER m EA 1 $ '!�- d 00 $ To o , 0 EA 1 $ A S - 00 ,00 $ S dOa 00 LF 45 $ 7 00 $ I S0 1 Oft LF 85 $ /0 $ s a 0 CY 80 l ld 1 60 $ 3 00 led LF 300 $ 0 ° $ tb SF 130$ tad �7s $ s�S SF 32$ ° bb $ bo to EA 1 $ , a $ X00' 0 AC 0.6$ ! aao 00 $ 7; op AC 0.6$ f 0a 00 $ 7 00m 00 LF 750$ � $ /,040 EA 1 $ ,�� $ /'' 00 EA 2$ Too ®® $ 1600 , do LF 290 $ 3 , $ 1 0 ( 5- (V LF 950$ 'A • c) 0 $ t <l 00 f po EA 2$ °70 bb $ 1 4W. EA 2 $ ---5 qt6 $ 10 806. eD EA 1 $ _ 6 Q- ) $ i d6' 00003410224 -0 © 2011 BorieVoo 004110-4 BID FORM T-1 Unit Price Total Price 38 INSTALL CONDUIT AND WIRE INTO EXISTING LS i $ 1 6 1 ' 20 ,6 0 $ 1600, CV BUILDING 39 INSTALL CONDUIT UNDER EXISTING LS 1 $ BITUMINOUS DRIVEWAY t TOTAL PART 2 - ALTERNATE 1 00003410224-0 © 2011 Bonestm 004110-5 BID FORM NoR Bid Bond Bond No.: 20-SUR-211520 KNOW ALL MEN BY THESE PRESENTS, that we 17149 Notre Dame Street NE Columbus, MN 55025 Kevin Dunaway dba Dunaway Construction (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and 444 Ocean Blvd.. 18th Floor Long Beach, CA 90802 American Safety Casualty Insurance Company (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of OK as Surety, hereinafter called the Surety, are held and firmly bound unto Citv of New Hope 4401 Xvlon Avenue North (Here insert full name and address or legal title of Owner) New Hope, MN 55428 -4898 as Obligee, hereinafter called Obligee, in the sum of ( 5 ) Percent of amount bid not to exceed Five Thousand Dollars & No Cents Dollars ($ 5,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No.: Bonestroo 000034- 10224 -0 Location: New Hope , MN (Here insert full name, address and description of project) Lions Park Improvements, City Project No. 871 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11 th day of April 2011 , e�f (Witness) (Witness) Kevin Dunaway dba Dunaway Construction AIA DOCUMENT A310 ° BID BOND • AIA ® • FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OFARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ersonally comes me known and known to me to be the person who is described in and executed the foregoing instrument, and me known and known to me to be the per!ga<ho is described in and executed the foregoing instrument, and knowledges to me that he/she executed the same as the act and deed of the said co- partnership. Notary Public ite of 'unty of On this °sonally come(s) day of in the year , before me me known, who being duly sworn, deposes and says that he /she resides in the City of he /she is the of the corporation described in and which executed the foregoing instrument, and that he /she signed his/her name reto by like order. Notary Public STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 11th day of April , 2011 , before me, a Notary Public within and for said County, personally appeared Ronald Kaihoi to me personally known, who being by me duly sworn he /she did say that he /she is the attorney -in -fact of American Safety Casualty Insurance Company, the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act and deed of said corporation. FEEDE J. P Klotary Public- Minesota � �•:,_ , � ��r G?mr�issaon �air�s J� 3�, 215 y' THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Dunaway Construction (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: construction of a bituminous trail, reconstruction of an existing trail, concrete curbing, lighting and restoration. ARTICLE 2 — THE PR03ECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Lions Park Improvements for the City of New Hope, Minnesota, City Project Number 871. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Bonestroo (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. Work can commence upon contract approval. An approximate start date of May 16, 2011 is anticipated. B. All Work will be Substantially Completed on or before July 29, 2011, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before August 31, 2011. C. The installation of new play area equipment will be completed, under a separate contract, simultaneously with this project. Coordination between crews on the site will be required in order to complete the work without conflict. The schedule for the contract involving the play equipment is as follows: 1. Install new play equipment in play area: June 6 -17 2. Install play area surfacing (woodchips): July 5 -15 AGREEMENT FORM © 2011 Bonestroo 1000034-10224-0 0052 10-1 D. Due to the required coordination with other work being completed on the site, interim completion /work dates have been identified for this project. 1. Removals and grading within and around the new play area will be completed by June 3, 2011. 2. Drain tile installation and placement of concrete curb to begin after June 17, 2011 and be completed by July 1, 2011. 3. Trail paving and all other work included on Plan Sheet C6.02 to be completed by the date specified above in Section 4.02.8. 4. Electrical work and all work included on Plan Sheet C6.01 can begin and shall be completed by the dates specified above in sections 4.02.A and 4.023, respectively, as long as it does not interfere with other work on the site. 5. Work involved with the drinking fountain service can be completed anytime outside of those dates specified above in Section 4.02.C.1 & 2. 6. If work included under the play equipment contract is completed before the dates specified in section 4.02.C1 & 2, an early start for work under this contract will be allowed. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement 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 $250 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $250 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Eighty -Nine Thousand Two Hundred Fifty -Two Dollars and Fifty Cents ($89,252.50) for the Total Base Bid with Alternate No. 1. 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, AGREEMENT FORM © 2011 Bonestroo 1000034-10224-0 005210-2 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.0235 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 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 AGREEMENT FORM © 2011 Bonestroo 1 000034 - 10224 -0 005210-3 and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 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. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: Lions Park Improvements . 7. Addenda A 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. AGREEMENT FORM © 2011 Bonestroo 1000034-10224-0 005210-4 D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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 c0 2011 Bonestroo 1 000034- 10224 -0 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 2011 (which is the Effective Date of the Agreement). Owner: City of TNMH e Min By: Attest: Address for g � � s: I , 1 t' � OF NEW HOPE 4401 XYLON AVE NO. NEW HOPE, MN 55428 License No.: (Where Applicable) Designated Representat* Name: END OF SECTION AGREEMENT FORM 2011 Bonestroo 1 000034-10224-0 005210-6 Address for giving notices: 14Q Oct e- " C� License No.: (Where Applicable) Designated Representat* Name: END OF SECTION AGREEMENT FORM 2011 Bonestroo 1 000034-10224-0 005210-6 Address for giving notices: 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 Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): 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 printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: (Seal) Name and Title: (Space is provided below for signatures of additional parties, if required.) SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: f.Yi. Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) ,.JCDC No. C -610 (2002 Edition) )riginally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General contractors of America, and the American Institute of Architects. (Seal) 00 6113.13-1 I . 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. 2. if Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 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 3.2. 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 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. 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 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. 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. 5. If Surety does not proceed as provided in Paragraph 4 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 4.4, 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. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 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 a 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: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. 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 setoff 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. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. 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. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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. 12. Definitions. 12.1 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. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. 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 comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 00 61 13.13 -2 I . 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. !' 2. if Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 31. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 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 3.2. 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 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 43. 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 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. 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. 5. If Surety does not proceed as provided in Paragraph 4 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 > bligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. if Surety proceeds as provided in Paragraph 4.4, and Owner - efuses the payment tendered or Surety has denied liability, in whole or in )art, without further notice Owner shall be entitled to enforce any remedy available to :)caner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 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 a 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: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. 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. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. 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. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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. 12. Definitions. 12.1 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. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. 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 comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Dwner's Representative (engineer or other party) 00 6113.13-2 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): j'. OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): 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 printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: (Seal) Name and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) M WA Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00 61 13.16 -1 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 22. 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 addresses 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 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. 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 Construction 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 comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): 00 6113.16-2 I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. °! 2. With respect to Owner, this obligation shall be null and void if Contractor: 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. 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 addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety 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. 5. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall )romptly 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. !. Surety's total obligation shall not exceed the amount of this Bond, and the imount 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. 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 Construction 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 comply with the other terms thereof. 'OR INFORMATION ONLY — Name, Address and Telephone surety Agency or Broker: )wner's Repr esentative (engineer or other party): 00 61 13,16 -2 STANDARD GENERAL CONDITIONS OFTHE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America &VOOMM"k Know tv, Crear,,nq at d Sustahng 0 &Alz Emvonnxmt Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 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 EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ............................................................................................................................... ..............................8 ARTICLE 2 - PRELIMINARY MATTERS ................................................................................................. ..............................9 2.01 Delivery of Bonds and Evidence of Insurance .......................................................................... ............................... 9 2.02 Copies of Documents ................................................................................................................. ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... ..............................9 2.05 Before Starting Construction ..................................................................................................... ..............................9 2.06 Preconstruction Conference ...................................................................................................... ..............................9 2.07 Initial Acceptance of Schedules ................................................................................................. ..............................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................... .............................10 3.01 Intent ......................................................................................................................................... .............................10 3.02 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ................................................................. .............................11 3.05 Reuse of Documents .................................................................................................................. .............................I1 3.06 Electronic Data ....................................................................................................................... ............................... l l 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 ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ........................................................................... .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE5 - BONDS AND INSURANCE ............................................................................................... .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates of Insurance ........................................................................................................... .............................15 5.04 Contractor's Liability Insurance .............................................................................................. .............................15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07 Waiver of Rights ........................................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds ....................................................................... .............................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. .............................18 6.01 Supervision and Superintendence ............................................................................................. .............................18 6.02 Labor; Working Hours .............................................................................................................. .............................18 6.03 Services, Materials, and Equipment .......................................................................................... .............................18 6.04 Progress Schedule ..................................................................................................................... .............................18 6.05 Substitutes and "Or- Equals " .................................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6.07 Patent Fees and Royalties ......................................................................................................... .............................21 6.08 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6.10 Taxes ....................................................................................................................................... ............................... 22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6.12 Record Documents .................................................................................................................... .............................22 6.13 Safety and Protection ................................................................................................................ .............................22 6.14 Safety Representative ................................................................................................................ .............................23 6.15 Hazard Comm unication Programs ........................................................................................... ....................... EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .............................................................................................................................. .............................23 6.17 Shop Drawings and Samples .................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. .............................24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification' ........................................................................................................................ .............................2 6.21 Delegation of Professional Design Ser vices ............................................................................. .............................25 ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. .............................25 7.02 Coordination ............................................................................................................................. .............................26 7.03 Legal Relationships ................................................................................................................... .............................26 ARTICLE8 - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data ............................................................................................................................. .............................26 8.04 Pay When Due .......................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance .................................................................................................................................. .............................26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities .................................................................................. .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ .............................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ............................................................................................................ .............................27 9.02 Visits to Site .............................................................................................................................. .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work ................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................................................................. .............................28 10.01 Authorized Changes in the Work .............................................................................................. .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Surety ................................................................................................................ .............................29 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE I 1 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ....................................................................................................................... .............................30 11 .02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... .............................32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections .............................................................................................................. ............................... 33 13.04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work ........................................................................................................ .............................34 13.06 Correction or Removal of Defective Work ................................................................................ .............................34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 13.09 Owner May Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. .............................36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14.03 Contractor's Warranty of Title ................................................................................................. .............................37 14.0 Substantial Completion ............................................................................................... .............................37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization ..................................................................................................................... .............................38 14.06 Final Inspection ........................................................................................................................ .............................38 14.07 Final Payment ........................................................................................................................... .............................38 14.08 Final Completion Delayed ........................................................................................................ .............................39 14 .09 Waiver of Claims ...................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May Terminate for Cause .............................................................................................. .............................39 15.03 Owner May Terminate For Convenience .................................................................................. .............................40 15.04 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................... .............................41 16.01 Methods and Procedures .......................................................................................................... .............................41 ARTICLE17 - MISCELLANEOUS ............................................................................................................ .............................41 17.01 Giving Notice ............................................................................................................................ .............................41 17.02 Computation of Times ............................................................................................................... .............................41 17.03 Cumulative Remedies ................................................................................................................ .............................41 17.04 Survival of Obligations ............................................................................................................. .............................41 17.05 Controlling Law ........................................................................................................................ .............................41 17.06 Headings ................................................................................................................................... .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - -Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement- -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment - -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder - -The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements- -The Advertisement or Invitation to Bid, Instructions to Bidder's, 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. 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's 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) com- plete 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 I LOLA 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 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. The General Requirements pertain to all sections 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 in connection with the Work. 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, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 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 comple- tion 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 Con- tract 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 nucle- ar, 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. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - - The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied t the Work, an d cert EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. 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. 45. Substantial Completion- -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder- -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, 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 any Subcontractor. 49. 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. 50. Unit Price Work- -Work to be paid for on the basis of unit prices. 51. 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 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. 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 no t c hange 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 following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed 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 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). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" 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 Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents 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 Agreement. In no event will the Contract Times com- mence 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 subdi- vides 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 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. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions 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. 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, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility 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 may discover 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 any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, 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, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known 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, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or app li c able to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion 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. 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 or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 Engineer's consultants, including electronic media editions; or 2. reuse any of 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 adaption by Engineer. B. The prohibition 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. Copies of data furnished by Owner or Engineer to Contractor or 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. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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 Related Entities 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site 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 connec- tion 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, explo- ration, test, or study of the Site and 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 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, Owner and Engineer, and any of their Related Entities 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. 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 Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; 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 Under- ground 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 consequences of the existence or location of the Under- ground 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: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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 Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 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. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed 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. 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 to Contractor written notice: (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 stop- page 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. 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, 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 responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 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 current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" 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 must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly 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 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 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. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Wo 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 sus- tained: 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, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, 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; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. 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); 6. 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 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary 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. 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 Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, 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 an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, 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 caused by flood) and such other perils or causes of loss as may be specifi- cally 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; Owner; 5. allow for partial utilization of the Work by 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 additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery 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, 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 an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with 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 additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance 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 e xtent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary 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 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 Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, 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 to be listed as insured or additional insured (and the officers, directors, 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. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, 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, 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 insureds, 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other parry 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 superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 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 Docu- ments. Contractor shall at all times maintain good disci- pline 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. 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 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 adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements 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, 3) it has a proven record of performance and availability of responsive service; and 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 that 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 in 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 substi- tute 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; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection 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; 4) and shall contain an itemized esti- mate 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 Proce- dures: 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 either a Change Order for a substitute or 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 item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of E ngine er 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 Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to famish 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 reason- able 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 consti- tute 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 anything in the Contract Documents 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, Supplie or other individu EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 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 per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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 an additional insured 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, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee -or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary 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 applica- ble 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 primary 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 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 equip- ment, 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 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, 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 com- pletion 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 Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall 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. 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 Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , 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). D. 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. 6.15 Lazard Communication Programs A. Contractor shall be responsible for coordi- nating 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 protec- tion 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 accor- dance with the acceptable 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: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have 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. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 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 Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted 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 Docu- ments. 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 con- struction 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 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 cor- rected 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 Related Entities 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, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 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, 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 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 respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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, 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. 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 via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract 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 B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright CK) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be 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 Condi- tions: 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 responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's 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. 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 in respect of 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 in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance 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 in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 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. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals 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. 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 Docu- ments. 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 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 believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. 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 respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. 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 require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C` 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 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 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice 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) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time 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). 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.D 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 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 I1 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.13. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 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 pay- ments, 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 mainte- nance, 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 perfor- mance 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 equip- ment, 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, 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 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 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, expresses, 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, attor- neys, 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 11.0 LA and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 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. 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 signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect 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 applica- tion 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 11.0 LA. I and 11.01.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; 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 Paragraph 12.0l.C.2.a 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 11.01 .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 11.0LAA, 11.01.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the parry 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 contemplat- ed 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. 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 the Related Entities of each of them 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. 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. All 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, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 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, it must, if requested by Engineer, be uncovered 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 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 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 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 re- moved 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 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. 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 posses- sion 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 provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0 0700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other 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 on the Site 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 indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that 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. 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 subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 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 replace- ment; 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.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; 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 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 corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 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 certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) 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 recommen- dation 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 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 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 condi- tions. 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 will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion 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 substan- tially 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. 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 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for 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, indicat- ing 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 L Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, 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 th ose previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. 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 adjust- ment 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 disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0 LA, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright n 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 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 10.05.13 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 their 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- 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 Regula- tions, 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 16( 410 r ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 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, and the Bonestroo Plan Room Terms of Use and Limitations on Use. ARTICLE 4 — AVAILABILITY OF , AND PHYSICAL CONDITIONS, POINTS REFERENCE SC- 4.04.A Add the following new item immediately after Item 2.d: The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of CI /ASCE 38 -.2, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data ". 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 E)CDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.033 Delete Paragraph 5.033 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.8: 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: SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10224-0 007305-1 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $1,000,000 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. $1,000,000 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 5. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance a. Each Accident $2,000,000 b. Aggregate $6,000,000 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 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. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo ( 000034 - 10224 -0 007305-2 SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph 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. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01 ". SC- 6.19.A Delete the words "representation of" in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.053 Amend the first sentence of Paragraph 10.05.8 by replacing the words "30 days" with the words "10 days ". Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days ". ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC- 11.0l.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall SUPPLEMENTARY CONDITIONS © 2011 Bonestroo ( 000034- 10224 -0 007305-3 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 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years ". ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.B5 Add the following new item immediately after Item 14.0235d: 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 10.05.0 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 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 16.013, but not including any claim in excess of $100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC- 16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10224-0 007305-4 Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC- 16.01.C, 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 and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions 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 Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. F47 FUU911544146410 K, SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10224-0 007305-5 0 1 1 1 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 order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. l: Furnish the materials and labor necessary to install the lighting in the parking lot for Lions Park. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. #, • ALTERNATES © 2011 Bonestroo 1000034-10224-0 010300-1 PTUMITITim 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: Lions Park Improvements for the City of New Hope, Minnesota, City Project No. 871. B. Description of Work: Project consists of the reconstruction of the existing bituminous trail, construction of a new trail and new concrete curbing for the play area. Other improvements include drain tile installation in the play area, construction of a new water service for the drinking fountain and lighting. 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. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Construction access shall be from the parking lot off 38 Avenue North and 39th Avenue North. 2. No construction traffic permitted on the existing trail that is to remain. 3. Residents shall have access to all side streets and driveways between 7 P.M. to 7 A.M. 4. All parking shall be on Site. SUMMARY © 2011 Bonestroo 1000034-10224-0 01 1000-1 1.07 OTHER WORK AT SITE A. New Playground area equipment and surfacing will be installed, under a separate contract, at the same time as this project. Coordination between crews on the site will be required. See Section 00 52 10 for dates and interim completion dates associated with this required coordination. Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2011 Bonestroo 1000034-10224-0 011000-2 Fvlrd -1 11 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— Parking Lot Lighting — Add to Total Base Bid 1. In general the Work of this Alternate No. 1 consists of all costs to install lighting in the parking lot. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. 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. PRICE AND PAYMENT PROCEDURES © 2011 Bonestroo ( 000034 - 10224 -0 012000-1 2. Updated construction schedule consistent with Section 0133 00. PART PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2011 Bonestroo 1000034-10224-0 012000-2 • os WS W1 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, Robert Torres; 763 - 493 -1671, fax: 763 - 493 -1501. 5. Gas: CenterPoint Energy, Alla Denisova; 612 - 321 -5077, fax: 612- 321 -5480. 6. Telephone: Qwest, Christy Allgood; 612 - 381 -5563, fax: 612- 381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651 - 493 -5316, fax: 651- 493 -5116. C. Owner requires a 48 -hour notice for all utility interruptions. 1.04 PERMITS A. 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. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-10224-0 013100-1 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 0133 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-10224-0 013100-2 PARTi 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. •r 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. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24 -hour on -call contacts for the Project. This list shall include the Contractor's safety SUBMITTAL PROCEDURES © 2011 Bonestroo 1 000034 - 10224 -0 013300-1 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 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. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — 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. "Approved 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. 4. "Rejected" — Work covered by the submittal is not complete or it 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. Contractor shall conform 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. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-10224-0 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2011 Bonestroo ( 000034- 10224 -0 013300-3 • 0 1 1 1 t • 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 ", 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. QUALITY REQUIREMENTS © 2011 Bonestroo 1000034-10224-0 014000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. RUM PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2011 Bonestroo 1000034-10224-0 014000-2 SECTION 01 50 00 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 3123 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: 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned -100 100 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1 000034 - 10224 -0 015000-1 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 TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1 000034 - 10224 -0 015000-1 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 ", 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 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. I •, Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10224-0 015000-2 B. Temporary Water for Construction 1. Use of new or existing hydrants is prohibited, except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. C. 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. D. Temporary Electricity 1. Provide all necessary temporary electric service and temporary wiring needed for construction activities. Contractor shall pay for all temporary electricity. 2. Contractor may use permanent electric service after service is installed. Contractor shall pay for all electrical usage until Substantial Completion. After Substantial Completion, Owner will pay for electricity. 3.04 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. d. Provide access for emergency vehicles and busses to all residences at all times. e. The Contractor will re- establish access to all driveways at the end of each day. f. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. g. 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. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo ( 000034 - 10224 -0 015000-3 h. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 - Degree Rotating Lights - SAE Specification 3845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification J1318. 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. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. 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. 3. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. F. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non - compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 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. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10224-0 015000-4 • it 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. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80- percent partial payment will be made upon installation and 20- percent payment will be made upon removal and restoration a. Silt Fence: Payment will be by length for each type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Catch Basin Inlet Protection: Measurement will be by each. c. Temporary Rock Construction Entrance: Measurement will be by each. d. Sediment Trap: Shall be considered incidental to the Project. e. Dust Control: Shall be considered incidental to the Project. f. Temporary Seed: Shall be considered incidental to the Project. g. Mulch: Measurement will be by the acre of material installed in place as specified. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 2. Section 32 92 00 — Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2130 — Application of Water. 2. 2573 — Storm Water Management. 3. 2575 — Controlling Erosion and Establishing Vegetation. B. MPCA's NPDES General Stormwater Permit for Construction Activity. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10224-0 0157 13-1 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E 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. B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector /Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. 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 © 2011 Bonestroo 1000034-10224-0 0157 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: 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. B. Heavy duty. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the following: 2 inches minimum washed rock: 1. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 2. Minimum Thickness of Rock Placed: 6 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882, A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.04 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. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1 -1/2 inches crushed or natural rounded aggregate. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1 000034 - 10224 -0 0157 13-3 2.05 FILTER LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.06 DITCH CHECKS AND VELOCITY CHECKS A. Conform to MnDOT Spec. 3889.2 and details in Drawings. 2.07 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.08 TEMPORARY SEED A. Conform to Section 32 92 00. B. General — Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion /sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10224-0 0157 13-4 B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in ]-hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg /ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg /ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. F. Slope (Cat) Tracking 1. Slope tracking consists of operating a dozer up and down slopes so that the cleats of the tracks create grooves perpendicular to the slope. By operating the dozer up and down, the soil surface is firmed and miniature interceptor checks are created. 2. Required on all slopes equal to or steeper than 3:1 (H:V). G. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. H. Temporary Sediment Basins 1. Sediment basins shall be excavated as a first priority when grading begins on the Project. The location and outlet configuration are shown on the Drawings. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10224-0 0157 13-5 I. Temporary Sediment Traps 1. Temporary sediment traps are excavated in conjunction with other grading activities. Temporary traps are approximately 2 feet or less in depth with a length to width ratio of 2:4. 2. Effectiveness of sediment traps can be increased by placing a rock weeper at the outlet. J. Ditch Checks and Velocity Checks: As directed by Engineer. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding /mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10224-0 015713-6 0 k I I ,I • PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 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. F:"- ' 1ff :i;[kUHff41Z 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 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. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-10224-0 017000-1 B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of work at industry recognized standard - mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design changes from Drawings in piping arrangement and layout, electrical and control from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details, may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable; however, the Contractor shall include all costs associated with the deviation in their Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. C. Electrical and mechanical piping, conduits, and ducts are shown schematically and shall be located by the Contractor to avoid any conflicts. Contractor shall coordinate work of all subcontractors and make minor relocations as necessary at no change to the Contract Price. 3.04 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. 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. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-10224-0 017000-2 3.05 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.06 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.07 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, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. END OF SECTION EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-10224-0 017000-3 t � 44111IM "IT141P ii #743[•146# 'to]l ' PART1 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: Per lineal foot along the saw cut line as staked. b. Remove Bituminous Path: Per square yard without regard to thickness c. Remove Concrete Sidewalk: Per square foot without regard to thickness. d. Remove Concrete Pad: Per each without regard to thickness or size. e. Remove Concrete Retaining Wall: Per lineal foot of the type specified without regard to height. f. Remove Bench: Per each. g. Remove Chain Link Fence: Per lineal foot. h. Salvage and Reinstall Drinking Fountain: Per each. i. Bulkheading and abandoning of existing pipe will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction ", 2005 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. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10224-0 0241 13-1 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. 2104.3C, 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. FEIRRIEN . 9 .1 Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 3123 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10224-0 0241 13-2 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10224-0 0241 13-3 C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. 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. E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.07 REMOVE RETAINING WALL A. Avoid damage to sections of wall to remain. B. Dispose of materials off Site at a predetermined location. C. Remove wall in its entirety. 3.08 SALVAGE AND REINSTALL A. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in -place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. B. Drinking Fountain 1. Salvage and store drinking fountain where they are not in conflict with the Work. 2. After completion of Work, reinstall drinking fountain to the condition existing prior to removal. 3.09 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. 3.10 DISPOSING OF MATERIAL A. 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. • • SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10224-0 0241 13-4 t 0 - , 1 1 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. References used in electrical and control Specifications. 2. Regulatory requirements for electrical construction. 3. Requirements of equipment and materials. 4. Workmanship. 1.02 PRICE AND PAYMENT PROCEDURES A. 1 1/2" PVC Conduit, SCH. 40: A bid item has been provided for Conduit. The conduit shall be measured from termination to termination in linear feet for each size and type. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, underground warning tape, terminals and connectors, and incidentals necessary to complete the Work. B. #10 AWG Wire: A Bid Item has been provided for conductors. Measurement will be by the lineal foot. Lengths shall be measured to the center of feed points and light standard bases. 3 feet shall be added at each light base for connections. Conductors installed within the lighting unit and from the base to the luminaire shall be included in the Bid Unit Price. All conductors to the feed point shall be included in the Bid Unit Price. Payment at the Bid Unit Price shall be considered compensation in full for furnishing and installing conductors. C. Concrete Pole Bases: A Bid Item has been provided for Concrete Pole Base. Measurement will be by each. Payment at the Bid Unit Price shall be considered compensation in full for the materials, installation of the pole base, including grounding, excavation and backfill. D. Light Pole and Fixture: A Bid Item has been provided for the Assemble and Installation of Luminaire and Pole. Measurement will be by each. Payment at the Bid Unit Price shall be considered compensation in full for the materials, labor to assemble and install the pole and luminaire at the location shown on the Drawing, all materials including hardware, fittings, and incidentals necessary to complete the work. E. Circuit Breaker: A Bid Item has been provided for the Circuit Breaker. Measurement will be by each. Payment at the Bid Unit Price shall be considered compensation in full for the materials and installation of the circuit breaker. F. Install Conduit and Wire into Existing Building: A bid Item has been provided for the Installation of Conduit and wire into the Existing Building. Measurement will be by lump sum. Payment at the Bid Unit Price shall be considered compensation in full for the materials, labor to install conduit and wire into existing building, including all removal, saw cutting, and replacement of concrete as needed to install conduit and fittings. G. Install Conduit Under Existing Bituminous Driveway: A bid Item has been provided for the Installation of Conduit Under the Existing Bituminous Driveway. Measurement will be by lump sum. Payment at the Bid Unit Price shall be considered compensation in full for the materials, labor BASIC ELECTRICAL MATERIALS AND METHODS © 2011 Bonestroo 1000034- 10224 -0 26 05 05 - 1 to install conduit under existing bituminous driveway, including all removal, saw cutting, and replacement of bituminous pavement as needed to install conduit and fittings. 1.03 REFERENCES A. ANSI - American National Standards Institute 1. C2 - National Electrical Safety Code. 2. C62.41 -IEEE - Recommended Practice for Surge Voltages in Low - Voltage AC Power Circuits. B. EPA - Environmental Protection Agency C. ICEA - Insulated Cable Engineers Association 1. S -95 -658 - Thermoplastic - Insulated Wire and Cable. 2. S -65 -375 - Rubber - Insulated Wire and Cable. D. NECA - National Electrical Contractors Association 1. NECA 1 - Standard Practices for Good Workmanship In Electrical Contracting. E. NEMA - National Electrical Manufacturers Association 1. TC 2 - Electrical Polyvinyl Chloride (PVC) Tubing and Conduit. 2. ICS 2 - Industrial Control and Systems: Controllers, Contactors, and Overload Relays, Rated Not More Than 2,000 Volts AC or 750 Volts DC. 3. 250 - Enclosures for Electrical Equipment (1,000 Volts Maximum). 4. WC 5 - (See ICEA S -95 -658). 5. WC 7 - (See ICEA S -95 -658). F. NFPA - National Fire Protection Association 1. NFPA 70 - National Electrical Code. G. OSHA - Occupational Safety and Health Administration 1. 29 CFR 1910 - Occupational Safety and Health Standards. H. UL - Underwriters Laboratories, Inc. (UL) 1. 6 - Rigid Metal Conduit. 2. 83 - Thermoplastic - Insulated Wires and Cables. 3. 360 - Liquid -Tight Flexible Steel Conduit. 4. 467 - Electrical Grounding and Bonding Equipment. 5. 486D - Insulated Wire Connector Systems for Underground Use or In Damp or Wet Locations. 6. 508 - Industrial Control Equipment. 7. 651 - Schedule 40 and 80 Rigid PVC Conduit. 8. 797 - Electrical Metallic Tubing. 9. 1029 - High - Intensity- Discharge Lamp Ballasts. 10. 1449 - Surge Protection Devices 11. 1479 - Fire Tests of Through- Penetration Firestops. 12. 1572 - High Intensity Discharge Lighting Fixtures. 1.04 REGULATORY REQUIREMENTS A. All Work performed under this Contract shall conform to the latest editions of the National Electrical Code (NFPA70), the National Electrical Safety Code (ANSI C2), and the Minnesota State Building Code. BASIC ELECTRICAL MATERIALS AND METHODS © 2011 Bonestroo 1000034- 10224 -0 260505-2 1.05 INSTRUCTIONS AND PARTS LITERATURE A. Instruction and parts literature are generally packed with electrical equipment and devices. Contractor shall remove this literature from the packing container or equipment enclosure, identify the literature with the equipment to which it applies, and file the literature in loose -leaf binders with index tabs. Each binder shall have an index which lists each piece of equipment and the literature which applies to it. An index tab shall be provided for each piece of equipment. B. Contractor shall establish a procedure with the other trades for receiving, identifying, and filing literature for devices which are removed from their packaging and installed by other trades. Literature shall be provided as outlined above. 1.06 SUBMITTALS A. Submittals for equipment provided by the Electrical Contractor shall bear a stamp or specific written certification from the Electrical Contractor, certifying the submittals have been reviewed. B. Submit the following items consistent with Section 0133 00. Refer to each Section under Division 26 for additional submittal requirements particular to that Section. C. Shop Drawings and Manufacturer's Information: 1. Product Data Sheets a. Product and component data sheets which describe all equipment and devices to be provided. b. Include all features specified. c. Provide dimensioned prints with weights. d. Highlight or otherwise accentuate on each data sheet the specified product features and product numbers. 2. Record all Changes to Existing Systems a. Revise all wiring diagrams and schematic diagrams to show final installation: 1) Includes all new and existing equipment diagrams. 3. Manufacturers Installation Instructions a. Include with shipment. D. Operating and Maintenance Manuals 1. Include all the information provided with the shop drawings and manufacturer's information. a. Update and complete control system drawings and descriptions for all equipment. b. All documentation shall include modifications made which reflect the final installation. 2. Date the manuals with the day, month, and year they are provided to the Owner /Engineer. 3. Provide manufacturers' user manuals and installation instructions. 4. Provide 3 hard (paper) copies in a 3 -ring binder. Provide a table of contents and each piece of equipment or sub- system shall be tabbed. 5. Provide 2 digital copies in a PDF format saved to a compact disk. The saved files shall be clearly identified and organized in a similar manner to the hard copies. a. Data saved on the disks shall be accessible and neatly organized. b. Provide a table of contents which utilizes bookmarks. The bookmark shall take the reader to a specific page when the reader clicks on the desired title in the table of contents. A bookmark shall be provided for materials associated with each piece of equipment included in the 0 &M manual. BASIC ELECTRICAL MATERIALS AND METHODS © 2011 Bonestroo 1000034- 10224 -0 260505-3 PART 2 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. All electrical equipment and materials shall be provided as specified in the Contract Documents. B. All equipment and materials shall be new and shall bear the Underwriters Laboratories (UL) label if such products are listed by UL. C. Where applicable, equipment and materials shall conform to ANSI, ICEA, IEEE, and NEMA Standards. PART 3 EXECUTION 3.01 WORKMANSHIP A. All Work shall be performed in a neat and workmanlike manner consistent with the high quality standards of the electrical trade. "A neat and workmanlike manner" shall be as required by NFPA 70 and shall conform to NECA 1, Standard Practices for Good Workmanship in Electrical Contracting. Each electrician shall be knowledgeable and well - trained in the particular tasks to be performed. 3.02 EQUIPMENT MOUNTING A. Unless noted otherwise, equipment which is not free - standing shall not be mounted on wood panels, but shall be attached to concrete or masonry walls, support channels, or building structural steel. 3.03 RECEIVING AND STORING EQUIPMENT A. All equipment shall be handled and stored in accordance with the manufacturer's instructions. B. In general, equipment packaging is not designed to protect the contents for outdoor storage. As a minimum, Contractor shall store the equipment prior to installation in a clean, dry location free from excessive temperatures, humidity, or foreign materials normally encountered at a Site. If the storage facility is unheated, Contractor shall provide heating to protect equipment from condensation, which could cause components to corrode or to be otherwise damaged. Nlk • BASIC ELECTRICAL MATERIALS AND METHODS © 2011 Bonestroo 1000034-10224-0 260505-4 11111 r PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. 600 -volt wire and cable. 2. Terminals and connectors. 3. Installation. 4. Splices and terminations. 5. Identification. 1.02 PRICE AND PAYMENT PROCEDURES 1. Refer to section 26 05 05 PART 2 PRODUCTS 2.01 600 -VOLT WIRE AND CABLE A. Feeder and Branch Circuit Wire 1. Stranded copper conductor, solid copper for lighting and convenience receptacle circuits only. 2. THWN insulated for conductor sizes #4 AWG and smaller. 3. XHHW or THWN insulation for conductor sizes #3 AWG and larger. B. Insulation of all wire shall conform to ICEA S -95 -658, NFPA 70, and UL -83. C. All Wire and Cable Shall Be 1. New and coiled or on reels. 2. Each coil and /or reel shall have a label with the manufacturer's name, trade name of wire, size of wire, and UL label. 2.02 TERMINALS AND CONNECTORS A. Tool compressed terminals and connectors shall be made of 1 piece seamless highly conductive copper with a uniform tin -plate coating to minimize corrosion; Burndy, 3M, or equal. B. Step -down adapters shall be copper compression type; Greaves PT -R Series, or equal. C. Electrical spring connectors shall be 3M °Scotchlok" or "Ranger," Ideal "Wing-Nut," or equal. D. Fork Terminals 1. Vinyl or nylon self - insulated locking type. 2. Terminal insulation that supports wire insulation. 3. Thomas & Betts Type FL, Burndy Type TP -LF, Panduit Type PNF, 3M Type MNG, or equal. E. Waterproof kits shall be utilized for all outdoor below -grade splices and connections; Raychem Type CRSM, 3M 82 -BF1, or approved equal. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES © 2011 Bonestroo 1000034-10224-0 260519-1 2.03 WIRE COLOR CODING A. Contractor may use color coding at his discretion, except for the following colors, which shall be used only as designated below for both power and control circuits. 1. Control Circuits a. Dark Blue - Direct current circuits. b. Light Blue - Intrinsically safe conductors. c. Green - Grounding conductor. d. White - Neutral conductor. 2. Power Circuits (Use solid colors through Size No. 8 AWG. Use black conductors with tape color idenfifirafinn Nn_ 6 AWG and laroer) 2.04 CONDUCTOR IDENTIFICATION A. Imprinted labels 1. UL Listed. 2. Machine typed in blank ink. B. Label Sleeves 1. Non - burning. 2. Heat - shrinkable. 3. Clear. 4. UL Listed. C. Self- Laminating 1. Vinyl. 2. Wrap around. 3. Acrylic adhesive. 4. Water and Oil Resistant. 5. UL Listed 6. Machine typed in blank ink. D. Manufacturers: Brady, 3M, Raychem TMS or Thomas & Betts E -Z Code. 2.05 CONDUCTOR PULLING COMPOUND A. Rated for use with the conductor insulation and conduit material. B. Non - conductive. C. Non - cementing. D. Dry to a fine lubricating powder or a thin film which does not harden in conduit. E. UL Listed. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES © 2011 Bonestroo 1000034-10224-0 2605 19-2 Voltage 120/240 208Y/120 480Y/277 a. Phase A Black Black Brown b. Phase B Red Red Orange C. Phase C Blue Yellow d. Neutral White W hite Gray e. Ground Green Green Green 2.04 CONDUCTOR IDENTIFICATION A. Imprinted labels 1. UL Listed. 2. Machine typed in blank ink. B. Label Sleeves 1. Non - burning. 2. Heat - shrinkable. 3. Clear. 4. UL Listed. C. Self- Laminating 1. Vinyl. 2. Wrap around. 3. Acrylic adhesive. 4. Water and Oil Resistant. 5. UL Listed 6. Machine typed in blank ink. D. Manufacturers: Brady, 3M, Raychem TMS or Thomas & Betts E -Z Code. 2.05 CONDUCTOR PULLING COMPOUND A. Rated for use with the conductor insulation and conduit material. B. Non - conductive. C. Non - cementing. D. Dry to a fine lubricating powder or a thin film which does not harden in conduit. E. UL Listed. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES © 2011 Bonestroo 1000034-10224-0 2605 19-2 F. Rated for repeated exposure to high heat or freezing temperatures. PART 3 EXECUTION 3.01 INSTALLATION A. All wire shall be installed in the specified raceways. Wire pulling shall be performed through the system in such a manner as to not exceed the maximum tensile strength of the cable being pulled as allowed by the NFPA 70 and /or cable manufacturer. All handling and installation of wire and cables shall be done by competent and skilled workmen who shall use methods which will prevent damage to the wire and cable. Pulling compound shall dry to a fine lubricating non - conductive powder and shall be approved by the cable manufacturer. B. Adequate measures shall be employed to determine that the raceways are free of foreign material and moisture before pulling wire or cable. C. Any conductor used for equipment grounding purposes shall be green in color, unless it is bare. Conductors with white or green covering shall not be used to indicate other than neutral or grounding. This limitation applies to all power and control circuits. D. Conductors shall be without splice from termination to termination, unless indicated otherwise on the Drawings. E. Conductors for ac and do circuits shall be installed in separate conduits. 3.02 SPLICES AND TERMINATIONS A. All splices, taps, and terminations shall be made with tool compressed connectors. Contractor shall provide all wire connectors, lugs, and terminals, unless indicated otherwise. B. Bolted compression lugs furnished as an integral part of the equipment shall be used to terminate the conductors to that equipment. C. Electrical spring connectors shall be used for splices and taps in lighting. D. Every bolt, lug, and screw termination shall be tightened with a torque wrench or torque screwdriver to the torque values specified in UL Standards and /or as specified by the device manufacturer. • LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES © 2011 Bonestroo 1000034-10224-0 2605 19-3 • o, PART1 GENERAL 1.01 SUMMARY A. Installation. 1.02 PRICE AND PAYMENT PROCEDURES A. Refer to section 26 05 05. :7-3 dpm:j • '• N 2.01 WIRE A. Class B stranded copper; either bare or with green insulation. B. Size shall be as specified herein. 2.02 GROUND RODS A. Luminare Concrete Bases: 1. 3/4 inch by 15 -feet copperweld, unless noted otherwise. 2.03 CONNECTORS AND TERMINATORS A. Tool- compressed connectors and lugs which are UL listed (UL -467). 1. Manufacturer: Burndy "Hyground ", Thomas & Betts "Blackburn" Series, or equal. B. Bar taps for connection to bus bars which are UL listed (UL -467). 1. Manufacturer: Burndy, Thomas & Betts "Blackburn" Series, or equal. C. Exothermic welding components. 1. Manufacturer: Continental Industries "Thermoweld ", Erico Products "Cadweld ", or equal. D. Ground clamps shall be UL listed (UL- E10661) cast high strength corrosion resistant copper alloy. 1. Manufacturer: Burndy, Thomas & Betts "Blackburn" Series, or equal. PART 3 EXECUTION 3.01 INSTALLATION A. Raceways provided for grounding electrode conductors shall be rigid nonmetallic. B. An equipment grounding conductor shall be installed with each circuit. Conductor shall be connected to the equipment ground bus or to the enclosure if there is no ground bus. C. Separately derived systems shall be grounded in accordance with NFPA 70. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260526-1 3.02 SPLICES AND TERMINATIONS A. In general, splices and terminations of the grounding electrode system shall be brazed, shall be exothermic welded, or shall be made with tool - compressed fittings. B. Connections to bus bars or equipment enclosures shall be made with tool- compressed lugs which are bolted to the equipment or with bar taps. C. Connections to ground rods shall be exothermic welded. Provide adapter sleeves as required for #6 AWG conductors or smaller. END OF SECTION GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260526-2 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Conduit. 2. Conduit fittings. 3. Underground warning tape. 4. Fire stop material. B. Related Sections 1. Division 31. 2. Section 07 84 00 — Firestopping. 1.02 PRICE AND PAYMENT PROCEDURES 1. Refer to section 26 05 05 1.03 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Product data sheets for each type of conduit. 2. If the Contractor elects to use HPDE conduit, provide the manufacturer's recommend procedures, instructions, materials and equipment for splicing /coupling the conduit. 9'3 R & 1:Z•1111L"l 2.01 RIGID METAL CONDUIT A. Steel 1. Galvanized inside and outside. 2. NFPA 70, Article 344. 3. UL Listed. 2.02 RIGID METAL CONDUIT FITTINGS A. Threaded couplings and fittings only; no set screw, gland type, or split fittings. B. Grounding type insulated bushings; 0 -Z /Gedney Type BLG, or equal. C. Insulated bushings; Midwest Electrical Mfg. Co., O -Z /Gedney Type B, or equal. D. Sealing locknuts; Midwest Electrical Mfg. Co., RACO, or equal. E. Expansion Fittings 1. 4- inches conduit movement. 2. External bonding jumper.. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260533-1 F. Pull Fittings (C, LB, etc.): Clamp type, stamped covers with gaskets and stainless steel screws and clamps. G. Conduit Hubs 1. Full contact type with sealing "0" ring. 2. Myers "Scru- tite," or equal. H. Material: Fittings, hubs, etc. shall be galvanized steel for galvanized steel conduit and copper free aluminum for aluminum conduit. I. Corrosion Resistant Coatings: 1. Pretreatment: a. Carboline Carbocrylilc 120 (for both steel and aluminum conduit), or equal 2. Coating: a. Carboline Bitumastic 300M. b. 3M Scotchrap Pipe Primer and wrapped with 3M Scotchrap Corrosion Protection Tape. 2.03 RIGID NONMETALLIC CONDUIT AND FITTINGS A. EPC -40 -PVC and EPC -80 -PVC. B. Sunlight resistant. C. NEMA TC2. D. NFPA 70, Article 352. E. UL Listed. F. Manufacturer: Carlon, CertainTeed, or equal. 2.04 HIGH DENSITY POLYETHYLENE CONDUIT (HDPE) A. Meets requirements of NFPA70. B. Thermoplastic polymer material. C. Smooth interior and smooth exterior wall. D. UL listed. E. NEMA —TC -7. F. Manufacturer: Carlon or equal. 2.05 UNDERGROUND WARNING TAPE A. 6 inches wide, 4 -mil polyethylene film. B. Vivid, opaque, long- lasting red color with bold, black letters. C. Lettering 1. Top line —"...CAUTION CAUTION CAUTION..." 2. Bottom line —"...ELECTRIC LINE BURIED BELOW..." RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2011 Bonestroo ( 000034 - 10224 -0 260533-2 D. Seton Name Plate Corp. No. 210 ELE, EMED Co. Stock No. UT27737 -6, or equal. 2.06 FIRE RETARDANT MATERIAL A. Fire stop foam. B. Fire stop sealant. C. 3 -hour fire rating. D. UL Classified per UL -1479. E. Chase Technology Corp., Dow Corning, General Electric, 3M, or equal. 2.07 DUCT SEALING COMPOUND A. Soft, fibrous, slightly tacky, non - hardening, and easily applied by hand at all working temperatures. B. Clean and non - staining. C. J.M. Clipper Corp. Duxseal, 0- Z /Gedney DUX, or equal. 2.08 HANDHOLES A. Precast concrete box and cover or fiber reinforced polyester box and polymer concrete cover. B. Covers suitable for or light traffic loading and with a minimum of 2 stainless steel bolts to secure them to the box. C. Sized as Required Per Code, Minimum Size: 13 inches wide, 24 inches long, and 36 inches deep. D. Molin Concrete Products, CDR Systems Corp., Quazite "Composite," or approved equal. 2.09 CONDUIT INDENTIFICATION A. 3/4 Inch By 3 -1/2 Inches 1. Nylon plates. 2. Marked in black with a marking pen specifically designed for such use. 3. Manufacturer: Panduit MP350, or equal. B. 2 -3/8 Inches By 4 -3/4 Inches 1. Medium weight shipping tags with reinforced eyelet. 2. Marked in black with a marking pen specifically designed for such use. 3. Manufacturer: Dennison Size 5, Grade G, or equal C. Tag Protection 1. Adhesive - backed plastic or clear polyester film tape. 2. Manufacturer: 3M Scotch Brand 3750 Clear Box Sealing Tape, or equal. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260533-3 PART 3 EXECUTION 3.01 CONDUIT INSTALLATION A. Conduit size shall be as shown on the Drawings or as required by the NFPA 70 with a minimum size of 3/4 inch, except that 1/2 inch may be used to connect to devices which have a knock -out or fitting for only 1/2 -inch conduit. All raceways shall be installed in accordance with NECA 1, Standard Practices for Good Workmanship in Electrical Contracting, and as specified herein. B. All raceways shall be installed exposed. All exposed raceways shall be steel rigid metal conduit, or other areas designated on the Drawings which shall have rigid nonmetallic PVC conduit. C. Conduit and Penetration Sealing 1. Any conduit run which goes through an exterior building wall or between rooms of more than 30 degrees F difference in temperature shall be sealed internally with duct sealing compound at the point where they leave the room. 2. All penetrations thru fire rated walls shall be sealed according to NFPA 70, Article 300.21. Refer to Specification Section 07270 for materials and methods. D. All conduits shall be kept dry and free of water or debris with pipe plugs or caps. E. Conduit terminations to outdoor or below ground NEMA 3R, 4, and 4X terminal boxes, pull boxes, cabinets, and enclosures shall use full contact hubs. F. Underground conduit runs shall have a minimum cover of 2 feet, and shall be rigid nonmetallic conduit, unless noted otherwise. 1. Conduit shall be sloped to drain to handholes or pull boxes. 2. Rigid metal conduit shall be used for the vertical elbow, riser out of the ground, and where exposed. 3. Rigid metal conduit installed underground or in contact with concrete shall have a corrosion resistant coating or covering. 4. HPDE conduit may be used for underground conduit runs longer than 50 feet. G. Contractor shall do all trenching for underground conduit with a minimum size trench. 3 inches of sand shall be placed below and above buried conduit in trench. All fill material shall be placed in 12 -inch lifts and compacted to 90- Percent Standard Proctor Density. Underground warning tape shall be laid in the trench approximately 9 inches below the surface. H. A nylon pull cord shall be installed in each empty conduit. I. Only raceway types which are specified in this section shall be used. 3. The roadway, sidewalk, or grade beneath which conduit is routed shall be restored to its original or better condition. K. Provide cable fittings and wire mesh grip for cable entry into conduit. L. All spices performed on the HDPE conduit shall use equipment and procedures recommended by the manufacturer and which meet NFPA 70. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260533-4 3.02 CONDUIT IDENTIFICATION A. Conduit tags shall be 3/4 inch by 3 -1/2 inches, if more space is required than 2 -3/8 inches by 4 -3/4 inches shall be used. Tags shall be marked with black ink and the writing shall be covered with protective tape. 3.03 HANDHOLE INSTALLATION A. All handholes shall have a drain opening in bottom. Excavating for handholes shall be dug at least 24 inches deeper than the depth of the bottom of the handhole and the area below the handhole shall be filled with pea gravel. B. Handholes or fittings shall be installed as site and pulling requirements dictate. C. Handhole covers shall be bolted in place when Work is complete. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260533-5 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. All equipment checks, adjustments, tests, and system energization shall be performed as specified below. If any test specified will void the warranty of any equipment to be tested, the Engineer shall be notified and further instructions received before proceeding with the test. 2. When the Work is complete, a final inspection will be made and the Contractor shall demonstrate that all equipment and systems conform to the Drawings and Specifications. 1.02 PRICE AND PAYMENT PROCEDURES A. Refer to section 26 05 05 1.03 QUALIFICATION OF PERSONNEL A. All personnel responsible for testing and commissioning equipment as a part of this Project shall be specially trained for the tasks they are to perform. B. Personnel operating test equipment shall have had previous training and experience in using the equipment and shall be thoroughly familiar with the equipment capabilities and limitations. C. All tests shall be made by or under the direct supervision of service personnel who are factory - trained in the application and operation of the device being tested. D. Evidence of the experience of test personnel in the form of certificates of training or other acceptable documentation shall be made available upon request of the Engineer. E. The Engineer reserves the right to require the Contractor to provide different test personnel if those performing the tests do not demonstrate competency in their work. 1.04 SCHEDULING AND REPORTING A. All tests shall be scheduled 48 hours in advance with the Engineer and shall be conducted in his presence or the presence of his representative. Test results shall be tabulated neatly and legibly on the test forms, which are included at the end of this Section and which are available from the Engineer. Any other report forms shall be submitted for approval at least 4 weeks before tests are made. Test reports shall include the pertinent readings or observations, a description of the method used, and a list of the equipment employed. B. If the materials or equipment fail under test, the test reports shall include the following: 1. Pertinent readings or observations made up to the point of failure. 2. Any abnormal readings. 3. Any data which might indicate the cause of failure. 4. The cause of the failure, if determined. 5. Corrective measures taken. COMMISSIONING OF ELECTRICAL SYSTEMS © 2011 Bonestroo 1000034-10224-0 260800-1 C. In all cases of test failure, the Contractor shall demonstrate that the corrective measures proposed are adequate before making any repairs, adjustments, or replacements. D. 6 copies of all test reports shall be submitted to the Engineer within 24 hours after completion of the test. In addition, 1 complete set of test reports shall be included in each Operation and Maintenance Manual. 1.05 TESTING EQUIPMENT A. Testing equipment used for a given test shall be recommended by the manufacturer for that particular test and shall be approved by the Engineer. B. Voltage and current measurements shall be made with a true RMS instrument, which has an accuracy of ± 1 percent of full scale. Scale shall be selected so that the reading is not less than one -half scale. C. All test equipment shall be provided by the Contractor. Not Used. PART 3 EXECUTION 3.01 INSPECTION A. All equipment shall be given a thorough visual inspection by the installer to detect insofar as possible any loose or erroneous connections, damaged components, the presence of foreign objects or materials, poor workmanship, incorrect rating of protective devices, or other abnormal conditions. B. Every bolted or screwed connection or terminal with a torque rating shall have a torque wrench or torque screwdriver applied to assure tightness before any equipment is energized. This shall apply to both factory made an field made connections and terminations. Any problem or damage resulting from a faulty connection or termination shall be the responsibility of the Contractor. C. Covers shall be installed on all pull boxes, junction boxes, and raceway fittings before the final inspection. 3.02 GROUND RESISTANCE MEASUREMENTS A. The resistance of each ground rod shall be measured with a 3 terminal connection. Another measurement shall be made after all ground connections are made. 3.03 COMMISSIONING A. Contractor shall demonstrate to the satisfaction of the Engineer that all control and alarm systems are functioning as specified. Contractor shall make all adjustments necessary to obtain the proper operation of the above systems. END OF SECTION COMMISSIONING OF ELECTRICAL SYSTEMS © 2011 Bonestroo 1 000034 - 10224 -0 260800-2 • , l 1 Ii 1.01 SUMMARY A. Section Includes 1. Luminaires. 2. Control devices. 1.02 PRICE AND PAYMENT PROCEDURES 1. Refer to section 26 05 05 1.03 SUBMITTALS A. Product cut sheets with specified features highlighted for each luminaire. B. Product photometric data for each luminaire which is not listed in the Contract Documents or which does not have prior approval. C. Provide Operation and Maintenance Manuals. � ]_l�>1E►_�1��117Zy�� 2.01 LUMINAIRES A. See Drawings for fixture schedule. 2.02 CONTROL DEVICES A. Time Clock 1. Astronomic, Multi- purpose, 365 day with holiday and seasonal scheduling. 2. 2- channel. 3. Manual override capability. 4. LCD display. 5. Automatic daylight savings or standard time. 6. Automatic Leap Year correction. 7. SPDT contacts rated 10 amps 24- 277VAC. 8. Manufacturer: 2 channel Tork DZS200A or equal. B. Relays 1. 120 Vac, 60 Hz. general purpose plug -in type. 2. Contacts rated 10 amps at 240 Vac. 3. Dust cover and base with screw terminals. 4. Manufacturer: Potter & Brumfield, Square D, Allen - Bradley, or equal. 2.03 POLES A. For Luminaire Type A 1. 25 foot tall, 5" fluted aluminum pole. LIGHTING © 2011 Bonestroo 1000034-10224-0 265000-1 2. Paint which matches the luminaire. 3. Base plate cover over bolts and base plate. 4. Handhole with gasketed cover. B. All pole installations shall be capable of withstanding the forces produced by 90 -mph winds with a 1.3 -gust factor and the total number of luminaires and additional equipment required per pole. PART 3 EXECUTION 3.01 INSTALLATION A. In general, luminaires shall be located where shown on the Drawings; however, Contractor shall check equipment locations and install luminaires so that piping, duct work, and other devices or equipment shall not interfere with the luminaire components or its performance. B. Galvanized or stainless steel bolts, nuts, washers, and screws shall be used for mounting luminaries or luminaire outlets. C. Lenses, refractors, and glassware shall be clean and free from cracks or chips. All reflectors, shades, luminaire bodies, etc. shall be free from dents and scratches, thoroughly cleaned, and properly aligned before installation is accepted by the Owner. All exposed tags and labels other than UL and emergency ballast identifiers shall be removed. D. Pole erection and mounting shall be done according to pole manufacturer's recommendations. E. A concrete base shall be provided for each outdoor luminaire, unless noted otherwise. Base types shall be provided as detailed on the Drawings. 3.02 IDENTIFICATION A. Lighting control components shall be identified by laminated plastic nameplates with 1/4 -inch white lettering on a black background. Identify each lighting contactor based on the loads served. In addition, identify the lighting control timeclock as such. LIGHTING © 2011 Bonestroo 1000034-10224-0 265000-2 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clear and Grub. Measurement will be by lump sum for all /select Project Clearing and Grubbing including individual trees marked for removal. Payment will constitute compensation in full for all removal, disposal work, and costs. 2. Sod Removal: This Work is considered incidental to the other Work of the Contract. 3. Windfall /Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 4. Brush Removal: This Work shall be incidental to the Project. 5. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 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. Minnesota Department of Transportation "Standard Specifications for Construction ", 2005 Edition (MnDOT Spec.) 1. 2101 — Clearing and Grubbing. 2. 2571 — Plant Installation. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming /Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. SITE CLEARING © 2011 Bonestroo 1000034-10224-0 311000-1 1.05 QUALITY ASSURANCE A. Burning 1. Acquire Minnesota Pollution Control Agency (MPCA) and all required State Permits. 2. Conform to all local regulations. 1.06 SITE CONDITIONS A. Work consists of removing trees generally located with in the construction limits, in areas designated for utilities and grading. B. The Drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 3123 00. SITE CLEARING © 2011 Bonestroo 1000034-10224-0 31 1000-2 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re- spread at a uniform depth of 12 inches in the area for the new pond below the normal water level and 4 inches to all other disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 2. Compact topsoil below the normal water level of the pond to 95 percent specified density. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right -of -way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed of off Site. Prior to deposition of stripped material, the disposal site shall be cleared of trees and brush. After disposal of stripped material, the embankment shall be graded, top soiled with salvaged soil, and seeded. D. On Site burial of any debris is not permitted. A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations. 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. . r; • SITE CLEARING © 2011 Bonestroo 1 000034- 10224 -0 31 1000-3 • PART 1 GENERAL 01MOOV d G 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 10 00 - Site Clearing. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 32 92 00 — Turfs and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (P). Measurement will be by volume of material in its original position, based on pre - construction cross sections and the design grading grade profile performed by the Engineer. Quantity shall be calculated and computed by the average end area method, using the original cross sections. No additional field measurements will be performed. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 3. A Bid Item has been provided for Select Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction ", 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. EXCAVATION AND FILL © 2011 Bonestroo 1000034-10224-0 31 23 00 - 1 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil Borrow: Conform to MnDOT Spec 3877, except as modified herein: 1. All material must be screened and pulverized. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 0157 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, 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. EXCAVATION AND FILL © 2011 Bonestroo 1000034-10224-0 312300-2 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 21O5.3C, 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. 6. After the roadway excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be cross - sectioned to determine quantities. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 21O5.3D, or as modified herein 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. A. Conform to MnDOT Spec. 21O5.3G, 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: EXCAVATION AND FILL © 2011 Bonestroo 1000034-10224-0 312300-3 a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2011 Bonestroo 1000034-10224-0 312300-4 SECTION 32 11 23 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 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 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). �r 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. AGGREGATE BASE COURSES © 2011 Bonestroo 1000034-10224-0 321123-1 PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 3123 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. Compact by mechanical means to 100 - Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 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 © 2011 Bonestroo 1000034-10224-0 32 11 23-2 SECTION 32 12 01 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 1123 - Aggregate Base Courses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.8, except as modified herein. 2. A Bid Item has been provided for Type SP 9.5 Non Wearing Course Mixture (1,B). 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 Gyratory Specification, dated February 1, 2010. b. The Bid Unit Price includes the bituminous course mixture, asphalt binder material and bituminous material for tack coat. 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. 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," 2005 Edition (MnDOT Spec.) 1. MnDOT Specification 2360 Plant Mixed Asphalt Pavement 2360 Gyratory Design Specification dated February 2, 2010. A copy can be found at http://www.bonestroo.com/bituminous—specifications/ 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. 2321 - Road -Mixed Bituminous Surface. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 01. B. Contractors shall submit mix design report regardless of the size of the project. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1000034-10224-0 321201-1 C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.4F and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete pedestrian ramps to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48 -hour notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified in the typical section Detail Drawing and Bid FormConform to MnDOT Section 2360.2, except as modified herein 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in wear and non -wear course pavements. 2. Sewage Sludge Ash (SSA) (2360.2A2j) will not be allowed in either bituminous 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 -1H. D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in the Mix Designation. E. Mixture Design: Conform to MnDOT Spec. 2360.3. F. Mixture Quality Management (Quality Control /Quality Assurance): Conform to MnDOT Spec. 2360.4, 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 2360.4 -E 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 2360.4 -E 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 2360.4 -D and 2360.4 -E. 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. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo ( 000034 - 10224 -0 32 1201-2 PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.5, 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. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 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 sawcutting 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 2360.5B, except as modified herein. B. All trail surfaces checked and approved by the Engineer prior to paving. C. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the surfaces are 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. 2321.3C1. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1000034-10224-0 32 12 01 -3 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C — Ordinary Compaction Method. 2. Modifv Ta 2360.6 -B2a Lot Determination as indicated below: Daily Produc (Tons) Lots 200 to 1,000 1 1,001 to 2,000 2 2,001 to 3,600 3 3,601 to 5,000 4 5,001 + 6 Daily production 0 to 200 tons is at the discretion of the Engineer. 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 Section 2360.7, except as modified herein 1. Delete Section 2360.7C Pavement Smoothness. B. Structure Adjustment — Conform to Section 33 05 17 for tolerances. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo ( 000034 - 10224 -0 32 1201 -4 SECTION 32 13 14 �, . PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 32 11 23 - Aggregate Base Courses. 3. Section 32 12 01 - Flexible Paving (Municipal Project). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 6 Inch Concrete Pad has been included in the Bid Form. Measurement shall be on the basis of each installed as specified: a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete pad shall be measured and compensated per Section 3123 00. c. Aggregate base beneath concrete pad shall be measured and compensated per Section 32 1123. 2. Bid Item for 6 Inch Concrete Sidewalk has been included in the Bid Form. Measurement shall be on the basis of square yards installed as specified: a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete pad shall be measured and compensated per Section 3123 00. c. Aggregate base beneath concrete pad shall be measured and compensated per Section 32 1123. 3. A Bid Item has been provided for Concrete Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of ramp actually constructed. a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10224-0 32 13 14-1 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 3123 00. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 1123. 4. A Bid Item has been provided for the Truncated Dome Panel, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually constructed. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. A. American Society of Testing Materials (ASTM) 1. C260 - Air - Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10224-0 3213 14-2 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air - entraining concrete produced by using Type I Portland Cement. 2. Air - Entraining Admixtures: conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification. a. Medians and Commercial Driveways 1) Manual Placement Mix No. 3Y32C. 2) Slip Form Placement Mix No. 3Y22C. b. Sidewalk and Residential Driveways 1) Manual Placement Mix No. 3Y32A. 2) Slip Form Placement Mix No. 3Y22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre- testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 3123 00. 2. Aggregated Base: Conforming to Section 32 1123. E. Truncated Dome Panels: Approved products 1. Yellow Neenah R -4984 Detectable Warning Plate. 1.7I1% &M -* 4 ;C90W@7 1 0113weI�I_ • , A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete pedestrian ramps at the locations and elevations indicated on the Drawings. C. Construct concrete curb ramp to conform to the Drawings. D. Verify locations with Engineer in the field prior to construction. E. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. F. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. G. Concrete washout locations shall conform to the requirements of the NPDES. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10224-0 32 13 14-3 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 1123 or Section 3123 13. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C1. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, 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. 2531.3D, except as modified herein 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2- inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C1 and 2531.3F for slip form or 2531.3K 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. B. Pedestrian Curb Ramp - Truncated Dome 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6- inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7O36F for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 -inch in width. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing Method), except as modified herein 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10224-0 321314-4 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. 2521.30a blanket curing 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. 2461.3C, except as modified herein 1. High early concrete shall be designed to provide a maximum water /cementitous ratio of 0.40. 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.2521.3E, 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 © 2011 Bonestroo 1000034-10224-0 32 13 14-5 SECTION 32 16 13 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for 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 for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. 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. B. Minnesota Department of Transportation "Standard Specifications for Construction ", 2005 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10224-0 321613-1 B. Concrete curb and gutter construction precedes installation of pavement. �r 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. 3A32C. b. Slip Form Placement Mix No. 3A22C. 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 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 transition sections at inlet structures to conform to the detail on the Drawings. E. Construct concrete curb ramp depressions to conform to the detail on the Drawings. F. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. G. 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. H. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. I. Concrete washout locations shall conform to the requirements of the NPDES. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10224-0 32 16 13-2 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 1123. 3.03 FORMS A. Conform to MnDOT Spec. 2531.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. A. Conform to MnDOT Spec. 2531.3D, 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. 2531.3E and 2531.3F, 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. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane - curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing 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 curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. A. Conform to MnDOT Spec. 2531.33, except as modified herein 1. Initial Backfilling CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10224-0 3216 13-3 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. 2461.3C, except as modified herein 1. High early concrete shall be designed to provide a maximum water /cementitous ratio of 0.40. 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. 2531.3K, 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. . � a CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10224-0 3216 13-4 CHAIN LINK FENCES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Chain link fencing. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for End Post, Chain Link Fence. Measurement shall be by each post installed. 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 for Testing and Materials (ASTM) 1. A392 - Zinc - Coated Steel Chain - Link Fence. 2. A491 - Aluminum - Coated Steel Chain - Link Fence Fabric. 3. A817 - Metallic - Coated Steel Wire for Chain - Link Fence Fabric and Marcelled Tension Wire. 4. A585 - Aluminum - Coated Steel Barbed Wire. 5. C94 - Ready Mix Concrete. 6. F668 - (PVC) and Other Organic Polymer- Coated Steel Chain -Link Fence Fabric. 1.04 SUBMITTALS A. Shop drawings consistent with Division 01, showing typical layout, elevation, and section drawings for fences and gates. Show installation details for all end, corner, and line posts. 2.01 RAILS AND POSTS A. In accordance with ASTM F1043, PVC shall be applied to the pipe and hardware by the fusion bonding process (thermally fused) and adhered to a primer that is thermally cured to the galvanized steel to produce a vinyl thickness of 10 to 14 mils. B. End, Corner, and Gate Posts 1. 3 inches O.D., Schedule 40 pipe with a weight of 5.79 lb/ft, or 3 -1/2 inches by 2 -1/2 inches roll form shape of equal strength. Drive gate posts shall be 6 -5/8 inches O.D., 18.97 lbs. /ft. 2. Zinc coating of 2 oz. /sq.ft. of surface. 3. Minimum Length: 6 feet above finished grade. 2.02 MISCELLANEOUS A. Extension Arms 1. Extension arms on intermediate posts shall be pressed steel galvanized. CHAIN LINK FENCES © 2011 Bonestroo 1000034-10224-0 3231 13-1 2. Extension arms on end and corner posts shall be heavy galvanized malleable iron. 3. Shall hold 3 strands of barbed wire. 4. Top wire to be held 12 inches above top of fabric and outward from fence at a 45- degree angle. 5. Arms shall withstand 250 -lb. down pull at end of the arm. B. Ties 1. 9 -gauge aluminum wire at 2 feet on center on top and bottom rod and 12 inches on center posts. C. Fittings 1. Necessary fittings shall be of malleable iron hot dipped galvanized after fabrication. 2. Provide caps on pipe posts and pipe gate stiles. D. Barbed Wire 1. Aluminum coated (0.30 oz.) double strand 12 -1/2 gauge twisted wire with 14 gauge, 4 point round aluminum barbs spaced 5 inches on center, conforming to ASTM A585. 2. Clamp wire at every post. 3. Install 3 barbed wire strands. E. Concrete Mix 1. Conform to ASTM C94 Portland Cement Concrete with maximum 3/4 -inch aggregate having a minimum compressive strength of 3,000 psi at 28 days. 3.01 WORKMANSHIP A. All posts shall be set true to line and grade as shown on the Drawings to provide a neat appearance. B. All fabric shall be tightly stretched and neatly secured to posts and rails. C. Fence shall be complete in every respect, including items recommended by the manufacturer for first quality construction. 3.02 POST SETTING A. All end, corner, pull, and gate posts shall be set in concrete 12 inches diameter by 42 inches deep. B. Line posts may be driven to a minimum depth of 5 feet or set in concrete 12 inches diameter by 42 inches deep. C. Line posts shall be evenly spaced on maximum 10 -foot centers. D. End, corner, pull, and gate posts shall have braces with the same material as top rail and trussed to line posts with 3/8 -inch rods and tighteners. CHAIN LINK FENCES © 2011 Bonestroo 1000034-10224-0 3231 13-2 • ' TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seeding. Measurement will be based upon units of acres for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, 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," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. 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. 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. The establishment period for seeded areas is 1 year. TURF AND GRASSES © 2011 Bonestroo 1000034-10224-0 32 92 00 - 1 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 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 contain a minimum percentage by weight 10 -10 -10 (NKP). 2.02 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. 2.03 MULCH: Conform to Section 0157 13. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.36. TURF AND GRASSES © 2011 Bonestroo 1000034-10224-0 329200-2 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs. /1,000 sq. ft.). 2. 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. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. 3.05 MULCH: Conform to Section 0157 13. 3.06 MAINTENANCE A. 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. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 3.07 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. 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 © 2011 Bonestroo 1000034-10224-0 329200-3 d • 1 1 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 31 10 00 - Site Clearing. 2. Section 33 12 12 - Water Services. 3. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. A Bid Item has been provided for Coarse Filter Aggregate. Measurement will be by the cubic yards of material compacted in place as determined from volume of material in its original position, based on pre - construction cross sections and the design grading grade profile performed by the Engineer. 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," 2005 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) 1. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 2. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft- Ibf /ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10224-0 330505-1 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 tile pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10224-0 330505-2 PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.2B1 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 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 2.03 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.2H. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.281 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. 2.05 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 © 2011 Bonestroo 1 000034 - 10224 -0 330505-3 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. 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 TRENCHING AND BACKFILLING O 2011 Bonestroo 1000034-10224-0 330505-4 excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C -1 Bedding. C. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 and C151. D. High Density Polyethylene (HDPE) Profile Wall Pipe: Bed pipe in accordance with ASTM D2321. E. Corrugated Metal Pipe: Bed pipe in accordance with ASTM A798. F. 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. G. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10224-0 330505-5 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. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adjacent structures. 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. TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10224-0 330505-6 PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Construction of water service pipe, corporation stops, curb stops and boxes, and all appurtenances. B. Related Sections: 1. Section 33 05 05 - Trenching and Backfilling. A. Measurement and Payment: 1. Drinking Fountain Service: Measurement by lump sum as shown on the Drawings. Payment at the Bid Unit Price shall include all costs for labor, materials, copper piping, ductile iron piping, fittings, curb stop and box, irrigation box, concrete blocks, sleeve, laying, connecting, excavation, backfilling, adjustment, protection, testing, and all other costs associated with the Bid Item. 2. Curb Stop and Box: By physical count of each type installed. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. B88 - Class K Copper Water Service Pipe. 2. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 3. D3035 - Standard Specification for Polyethylene (PE) Plastics Pipe (DR -Pr) Based on Controlled Outside Diameter. 4. F1290 - Standard Practice for Electrofusion Joining Polyolefin Pipe and Fittings. 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 Inches through 12 Inches, for Water Distribution. 3. C901 - AWWA Standard for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 Inch (13 mm) Through 3 Inches (76 mm), for Water Service. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 0133 00: 1. Pipe and fittings. 2. Corporation stops, curb stops and curb boxes. 3. Service saddles. WATER SERVICES © 2011 Bonestroo 1000034-10224-0 33 12 12-1 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. 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. B. Ductile Iron Pipe (DIP): Conform to Section 33 10 00. 2.02 CURB STOP A. Approved Manufacturers: 1. Muller Minneapolis Pattern H- 15154. 2. A.Y. McDonald No. 4717. B. Same size and connection type for inlet and outlet. C. Full opening through the valve body with no smaller restriction allowed. A. Conform to 2.02A. B. Adjustable in height from 78 inches to 90 inches. C. No Stationary rods. D. 2 inch upper section. E. Mueller improved extension type with arch pattern base. 2.04 SERVICE SADDLES A. Stainless steel. B. Approved Manufacturers: Smith -Blair 372, Ford FS 303, or Cascade CS22. 2.05 TRANSITION FITTINGS A. Polycam®, or equal steel transition fittings or Polycam® Flared Nut Aeries 912 shall conform to AWWA C901 for connections to PE Service Pipe. WATER SERVICES © 2010 Bonestroo 1000034-10224-0 33 12 12-2 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. Parallel and upstream of the sewer service line in the same trench where feasible. 2. Where subsurface conditions permit, install new water service pipe by boring, pushing, pulling, jacking, or other trenchless construction methods as approved by the Engineer. 3. 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. Curb Box: 1. Support on full size pre -cast segmental manhole block. 2. Place in a plumb, vertical position. 3. Install to elevation matching finished grade. 4. Grade stakes will be furnished to establish elevations. I. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 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. 3.03 PROTECTION A. Mark Each Curb Box: 1. Solid 4 inches by 4 inches by 8 feet wood post extending 4 feet above grade. 2. Metal fence post extending 4 feet above grade. B. Mark the End of the Utility Services: 1. Solid 4 inches by 4 inches by 8 feet wood post extending 4 feet above grade. 2. Metal fence post extending 4 feet above grade. WATER SERVICES © 2010 Bonestroo 1000034-10224-0 33 12 12-3 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Drain Tile. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile, aggregate, and fittings and connection to structure. 2. A Bid Item has been provided for Storm Sewer Pipe. Measurement will be by lineal feet of pipe actually installed, according to size and type, as measured along the axis of the pipe with no regard to intervening fittings. Payment shall include pipe, bedding, fittings and connection to structure. 3. A Bid Item has been provided for Core Hole for Drain Tile Connection. Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer, making the connection, and patching as specified. 4. Supplying and installing required markers at service ends shall be considered incidental to the service installation. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials ( AASHTO) 1. AASHTO M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction ", 2005 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING SUBDRAINAGE © 2011 Bonestroo ( 000034 - 10224 -0 334600-1 A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3 -1/4 inches by 6 -1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. PART 3 EXECUTION [c� iZ� el �►1q:7_1� A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. SUBDRAINAGE © 2011 Bonestroo ( 000034 - 10224 -0 334600-2 H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 33 05 05. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 STORM SEWER SERVICE INSTALLATION A. Construct at locations and elevations determined by Engineer or as shown on the Drawings. B. Pipe Bedding: Bedding material. C. Plug upstream end of pipe. D. Sections of the pipe shall be firmly joined. E. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. F. Compaction: Conform to Section 33 05 05. 3.04 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. SUBDRAINAGE © 2011 Bonestroo ( 000034- 10224 -0 334600-3 440 ACtlt" CERTIFICATE OF LIABILITY INSURANCE 41 V DATE (MM /DD /YYYY) 1 05/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Security - Victor Insurance 5357 Wyoming Trail P.O. BOX 365 Wyoming MN 55092 NAME: Deborah Thompson A /CNNo EXt:651- 462 -3724 ac N , : 651- 462 -0223 E -MAIL DRESS: Deborah@svinsurance.com INSURER (S) AFFORDING COVERAGE NAIC # INSURER A: Owners 32700 INSURED Kevin Dunaway Dunaway Construction 17149 Notre Dame St NE Forest Lake MN 55025 -8324 INSURER 8: Auto Owners 18988 INSURERC: OWNERS EACH OCCURRENCE INSURER D: DAMAGE TO RENTED PREMISES Ea occurrence INSURER E: MED EXP (Any one person) INSURER F : COVERAGES CERTIFICATE NUMBER: PI= ef IQln AI MIIIIARCD. 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. I LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD /YYW POLICY EXP MM /DD /YYYY LIMITS A CLAIMS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY -MADE OCCUR EACH OCCURRENCE $ 1,000, DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ 10, Y N 08016441 05/19/2012 05/19/2013 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY F — Ij P E R & LOC PRODUCTS - COMP /OP AGG $ 2,000,000 Fire Damag $ 300,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1 ,000,000 BODILY INJURY (Per person) $ ANY AUTO A ALL AUTOS O WNED 1x AU TOS HIRED AUTOS NONO WNED N N 9597069505 05/19/2012 05/19/2013 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAR P OCCUR CLAIMS -MADE N N 9597069506 05/19/2012 05/19/2013 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED I I RETENTION $ $ B ANY WORKERS COMPENSATION AND EMPLOYERS' L LABILITY YIN PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in ribe und and er If yes, desc N/A N 08058056 05/19/2012 05/19/2013 WC STATU- OTH- X T0RYL(M1L�._— $ 1,000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE -POLICY LIMIT . $ $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of New Hope 4401 Xylon Avenue North New Hope MN 55428 AUTHORIZED REPRESENTATIVE — D ,r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. U 1935 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The !!.CORD namo and logo are registered marks of ACORD COUNCH Request for Action Originating Department Approved for Agenda Agenda Section Consent Parks and Recreation October 10, 2011 Item No. By: Susan Rader, P &R Director By: Kirk McDonald, City Manager 6.10 Resolution approving final pay request to Minnesota/Wisconsin Playground for Lions Park project (improvement project no. 871) in the amount of $24,118.34 Requested Action Staff recommends that the City Council approve a resolution to accept the new play equipment for Lions Park (project #871) and authorize final payment to Minnesota/Wisconsin Playground in the amount of $24,118.34. This final payment brings the playground equipment improvement project total cost to $97,879.99, which is $2,879.99 over the contracted amount of $95,000. The added cost is due to additional structural support needed for the equipment. This was accomplished by using additional clay in place of aggregate with an additional 4" of woodchips being installed. A savings of $2,700 will be realized on the contract for the playground container, which was part of a separate contract that included the other park work; therefore the total project cost is very close to the original plan. All necessary paperwork has been received from the contractor including an IC 134, as well as the safety audit called for in the agreement. Staff recommends release of the final check. Background Lions Park is located at 38th & Oregon avenues north. The play equipment there was last replaced in 1989. At twenty -two years of age this equipment was the oldest play equipment in the park system. The residents in the general area of Lions Park were invited to participate on a committee, share their input, and help create the plan for this new equipment. The plan created by the neighborhood committee includes two separate structures of a traditional design; one designed for tot's ages 3 -5 years another for children ages 5 -12 years. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Attached is a copX of the resolution, the contractor's invoice in the amount of $24,118.34. Motion by 4 ,��,1 Second by To: �f I: \ RFA \ P &R \ PARKS \ R -871 Lions Park play equipment finaling out.doc City of New Hope Resolution No. 2011-_143 Resolution approving final pay request to Minnesota/Wisconsin Playground for Lions Park project (improvement project no. 871) In the amount of $24,118.34 WHEREAS, the city has entered into a contract with Minnesota/Wisconsin Playground for the purchase of playground equipment for Lions Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the playground installation improvement project 871 and approve final payment to Minnesota/Wisconsin Playground, in the amount of $24,118.34; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Minnesota/Wisconsin Playground. ' NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the playground improvement project at Lions Park, improvement project #871 from Minnesota/Wisconsin Playground 2. That the city manager is hereby directed to authorize the final payment of $24,118.34 to Minnesota/Wisconsin Playground. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 10 11, day of October 2011. Mayor Attest: City Clerk I: \RFA \P &R \PARKS \R -871 Lions Park play equipment finaling out.doc i r, PC "CA Date Invoice # 7/28/2011 2011219 Bill To City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Installation Ship To Lion's Park P.O. Number Terms Due Date Rep Contract 871 Net 20 8/17/2011 Har Description Quantity Via Our Truck Job 11 -19 Price Each Amount 1 24,118.34 24,118.34 Unpaid balances will accrue a finance charge of 1.5% per month (18% per annum) Subtotal $24,118.34 Sales Tax (6.875 %) $0.00 Payments /Credits $0.00 Balance Due $24,118.34 MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation MINNESOTA PLAYGROUND INC i ID 5920202 https://www.mndor.state.mn.us/wc/action/confirmationPrint Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 408428 Wed Oct 05 10:11:51 CDT 2011 CITY OF NEW HOPE 871 July 2011 July 2011 LIONS PARK, 38TH & OREGON AVE, NEW HOPE, MN 55428 No subcontractors listed. 1 of 1 10/5/2011 10:15 AM COUNCIL V IN Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation December 9, 2013 Consen Item No. By: Susan Rader, P &R Director By: Kirk McDonald, City Manager 6.5 Resolution apEroving the final closeout for Lions Park project (improvement project #871) Requested Action Staff recommends that the City Council approve a resolution to accept the site work for the park improvements at Lions Park (project #871). Project close out was delayed due to the contractor and city working together to determine what could be done to establish the turf in the project area. After several attempts, both parties agreed to the city keeping the retainage amount of $2,527.69 in order for city staff or other contractors to complete the restoration work. Due to the forfeiture of the retainage amount, no final payment is due to Dunaway Construction. The original contract amount was for $89,252.50. Based on the quantities used for the project, the amount due decreased by $4,996.06. The city of New Hope has already paid Dunaway Construction $81,728.75. All necessary paperwork has been received from the contractor including an IC 134. Staff recommends approval of this closeout. Background Lions Park is located at 38 & Oregon avenues north. The play equipment was ordered in December of 2010 and installed during the spring of 2011. The site work plan included a new play equipment container, improvements to the parking lot lights and trail improvement. All site work, with the exception of the turf restoration, has been satisfactorily completed. Funding Funds for this project were available in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Attached is a copy of the resolution, a letter from the city engineer, and a letter from the contractor. Motion by ' Second by w To: L I: \RFA \P &R \PARKS \2013 \R -871 Lions Park play equipment site work finaling out.doc City of New Hope Resolution No. 2013-156 Resolution approving the final closeout for Lions Park project (improvement project #871) WHEREAS, the city has entered into a contract with Dunaway Construction to complete the site work for the playground equipment project for Lions Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the site work for improvement project #871; and, WHEREAS, Dunaway Construction has made several unsuccessful attempts to complete the turf restoration, so is forfeiting the retainage amount of $2,527.69; and, WHEREAS, staff has reported that all other work has been satisfactorily completed and recommends that the project be closed out. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the site work for the playground improvement project at Lions Park, improvement project #871 from Dunaway Construction Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 9th day of December 2013. f Mayor Attest: ILIAZe , City Clerk I: \ RFA \ P &R \ PARKS \ 2013 \ R -871 Lions Park play equipment site work finaling out.doc ..J"' December 3, 2013 File:193800093 Attention: Susan Radar City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Stontec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636-1311 Reference:City Project #871 — Lions Park Improvements — Final Payment Dear Susan, Enclosed please find the final pay request and the IC -134 forms for the above referenced project. The contractor, Dunaway Construction, has completed this work, excluding the final restoration work, in accordance with the contract plans and specifications. Following several attempts by Dunaway Construction to complete the restoration work, it was agreed upon by both the city and contractor to close the project out and forfeit the remaining retainage amount. It is recommended that the City of New Hope accepts the project. No final payment to Dunaway Construction is required, as Dunaway Construction has provided a letter (attached) forfeiting the retainage amount of $2,527.69 due to failure to complete the restoration work as specified. This amount can be utilized as needed to complete any additional restoration work in the spring of 2014. The Original Contract Amount as indicated on the Contractor's Request for Payment is $89,252.50. The contract included no change orders. The Final Construction Amount is $84,256.44, which is less than the Original Contract Amount. This project had a $4,996.06 under run, which was due to less material quantities required and the retainage forfeiture amount for the incomplete restoration work. 5 [ecember3,2013 Ms. Susan Radar Page 2uf2 Reference: Lions Park Improvements —Fimay Payment If you have any questions or require further information please call me at (651)604-4808. Reoondm, SlANTECCONSU00NG SERVICESNNC. &d ChristopherW. Long, P.E. Attachments: Retainage Forfeit Letter from Dunaway Construction c. Bob Paschke, Steve Ellingson, Paul Coone, John Blasiak, Shawn Markham — New Hope; Adam Martinson, Rohini Ray, Jason Petersen — Stantec, ��T�: mmh"A Owner; City of New Hope 4401 Xylon Avenue N, New Hope, MN 55428-,898 Date: "q ust 20, 2013 For Period: 1216/2011 to 8/20/2013 Request N( 5/FINAL Contractor, Dunaway Construction, 17149 Notre Dame Street, Forest Lake, MN 55025 CONTRACTOR'S REQUEST FOR PAYMENT LIONS PARK IMPROVEMENTS STANTEC PROJECT NO. 193800093 / 000034-102240 CLIENT PROJECT NO. 871 SUMMARY I Original Contract Amount $ 89,25150 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 89,252.50 5 Value Completed to Date $ 84,256.44 6 Material on Hand $ 0.00 7 Amount Earned $ 84,256.44 8 Less Retainage 2,527.69 $ 2,527.69 9 Subtotal $ 81,728.75 10 Less Amount Paid Previously $ 81,728.75 11 Liquidated damages - $ 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 5/171NAL $ 0.00 Recommended for Approval by: STANTEC Approved by Contractor: DUNAWAY CONSTRUCTION Specified Contract Completion Date: .Approved by Owner CI7 Y QE NEW M4 � Date: 3410224RE05FINAL.)dsm RUNAWAY CONSTRUCTION 17149 Notre Dame Street NE Forest Lake, Minnesota 55025 Phone /Fax: 651 -464 -1985 December 3, 2013 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Lions Park Improvements Project No. 871 Dunaway Construction forfeits the retainage in the amount of $2,527.69, due to the failure to complete the restoration work for the Lions Park Improvements project. Respectfully, Dunaway Construction Kyle Dunaway Page l of t. V a d a Withholding Affidavit Co nfirmatio n atio K EVIN E DUNAWAY R" 2228976 P ease k this v SfOrrlka fi . %e O VOUt ie,,Cord S C, � y f f th 4 i n u pr C ser y our ,(: � t yL4 +��R biL r.r+. �✓i . �,d*.,. �...f �: �n.e` �:3 'n.y i ."�kt.t...,. �..S�YS :�a��1 i., v4., �, �x��'w� y our �a�ui fi at a y, X;e Y :. Confirmation number 420,`,, 5 r �a�� ' , -0 1 , � `s ,�, a s ?w � `0 Project ntimber roject begin date May 2 Project end date 4cwernber '20 Project location tJONG PARK NEW � i0f`T L a,.. w.+ i i`k 4C. i. e ,fJ A.,. i'� P1 .,:t �'$�3��,F.:? 5 0,1016, 1, )i Subcontracto 1, US t t,. , gg ,.�..(, �� ' 7 } .;.:'n,., MIDWESTASMHALT "DRP 72 54 '12 htt s. / / w-v�Rw,niji orastate. inn. us/ Nvc /actioiVc,oiifixizlationPrint 11/17/201).