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IP #900For the full report on this improvement project, refer to the City Council agenda packets and /or Planning Commission agenda packets. PROJECT NO. 900 Civic Center Park Item 8.5 1/23/12 Motion to authorize preparation of plans and specifications for playground improvements at Civic Center Park (improvement project no. 900). Postponed. Item 6.5 2/27/12 Motion to authorize preparation of plans and specifications for playground improvements at Civic Center Park (improvement project no. 900) Res. 12 -114 7/23/12 Resolution awarding contract with Flagship Recreation for $80,900 for playground equipment and installation at Civic Center Park and approval of plans and specifications /advertisement for bids for site improvements (improvement project no. 900) Res. 2012 -119 8/13/12 Resolution awarding low quote of $69,863 for playground site work of Civic Center Park to Hoffman & McNamara Co. (improvement project no. 900) Res. 2012 -120 8/13/12 Resolution authorizing purchase and installation of a Super Nova Galaxy play system by Midwest Playscapes, Inc. in the amount of $8,505 (improvement project no. 900) Res. 2012 -173 12/10/12 Resolution approving final pay request to Landscape Structures for Civic Center Park project (improvement project no. 900) in the amount of $13,760 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Planning and Parks and Recreation July 23, 2012 Development Item No. By: Susan Rader, P &R Director and By: Kirk McDonald, City Manager Steve Ellingson, Athletic Supervisor 8.2 Resolution awarding contract with Fla sh' eation for $80,900 for playground equipment and installation at Civic Center Park and approval of plans and specifications /advertisement for bids for site improvements (improvement project no. 900) Requested Action Staff recommends that the City Council approve the plans and specifications for the playground improvements at Civic Center Park, located at 44th and Xylon avenues and authorize the appropriation of funds for the purchase and installation of playground equipment. The equipment purchase and installation would be through Flagship Recreation for $80,900. Flagship Recreation is on the state bid list. The playground committee has been meeting for several months and will be in attendance to give their recommendation to Council as to their preferred equipment for this project. Mike Terres, CAC Commissioner and member of the Playground Committee, will be making the presentation and representatives of the committee are expected to be in attendance. Background The playground equipment at Civic Center Park is currently the oldest equipment in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. As this is a "community park ", staff was interested in developing plans that are of a non - traditional playground style and focused more on creative play. A planning committee was formed with CAC members, a Planning Commission member, city engineers and city staff who met a number of times to study the best type of equipment to recommend and develop plans that would meet the park needs and compliment the City Center vision. On February 27, 2012, the City Council authorized the preparation of plans and specs. These were shared with two playground vendors, Flagship Recreation representing Landscape Structures and Motion by 19 Cf. /J I/) _ Second by i To: �- /- Request for action I: \RFA \P &R \PARKS \2012 \Q -900 Civic Playground Project Update.doc Request for action July 23, 2012 Page 2 Midwest Playscapes representing Kompan and Playworld Systems. Both companies were requested to create their best plan two plans and present them to the committee for consideration. Following the presentation of plans, the committee members gave input regarding the plan that they would most like to see implemented. On June 11, 2012 an informational meeting was held for the neighborhood. The preferred design was on display and staff, the city engineer, the playground representative and members of the committee were on hand to answer any questions. A mailing was sent out to area residents inviting them to the meeting, but the attendance was very small. Staff also had the design on display at City Day. Many positive comments were received. The cost breakdown of the project: In addition, approximately $10,114 would be used from the Park Infrastructure Fund for bituminous path and concrete apron replacement. In the 2012 CIP, $20,000 was budgeted for path repairs. The committee also spent some time looking at long range plans for the site. A preliminary Phase 2 was discussed that could take place once City Center has been developed. Recommendation It is the recommendation of the playground committee and staff that the City Council proceed with the proposed project. The equipment purchase and installation would be through Flagship Recreation, who is on the state bid list. In addition, staff would obtain quotes for the needed container and site work, including removal of existing container, grading of site, removal of French drain, drain tile, connection to storm water, and wood fiber surface and bring the low quote forward to Council for approval. Staff would handle the removal of the existing equipment and sand. Funding This project is included in the 2012 CEP and the 2012 Park Infrastructure budget as shared with the Council during 2011and 2012 C1P planning and 2012 budget meetings. The funding for the purchase and installation of playground equipment submitted by Flagship Recreation is $80,900. The total cost of the project as estimated by the city engineer is $150,000, plus an additional $10,114 for bituminous path and concrete apron work. Funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments Diagrams of playground proposals provided by both Flagship Recreation and Midwest Playscapes Plans and specifications for project State Bid List Certification for Flagship Recreation I: \RFA \P &R \ PARKS \2012 \Q -900 Civic Playground Project Update.doc Estimate Equipment and Installation $80,590 Container, Miscellaneous $42,960 Contingency $10,000 Engineering $16,450 Total $150,000 In addition, approximately $10,114 would be used from the Park Infrastructure Fund for bituminous path and concrete apron replacement. In the 2012 CIP, $20,000 was budgeted for path repairs. The committee also spent some time looking at long range plans for the site. A preliminary Phase 2 was discussed that could take place once City Center has been developed. Recommendation It is the recommendation of the playground committee and staff that the City Council proceed with the proposed project. The equipment purchase and installation would be through Flagship Recreation, who is on the state bid list. In addition, staff would obtain quotes for the needed container and site work, including removal of existing container, grading of site, removal of French drain, drain tile, connection to storm water, and wood fiber surface and bring the low quote forward to Council for approval. Staff would handle the removal of the existing equipment and sand. Funding This project is included in the 2012 CEP and the 2012 Park Infrastructure budget as shared with the Council during 2011and 2012 C1P planning and 2012 budget meetings. The funding for the purchase and installation of playground equipment submitted by Flagship Recreation is $80,900. The total cost of the project as estimated by the city engineer is $150,000, plus an additional $10,114 for bituminous path and concrete apron work. Funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments Diagrams of playground proposals provided by both Flagship Recreation and Midwest Playscapes Plans and specifications for project State Bid List Certification for Flagship Recreation I: \RFA \P &R \ PARKS \2012 \Q -900 Civic Playground Project Update.doc City of New Hope Resolution No. 2012- 114 Resolution awarding contract with Flagship Recreation for $80,900 for playground equipment and installation at Civic Center Park and approval of plans and specifications /advertisement for bids for site improvements (improvement project no. 900) WHEREAS, a planning committee comprised of Citizen Advisory Commission members, a Planning Commission member, city engineers, and city staff met several times to study and develop plans to meet the Civic Center Park needs and compliment the City Center vision; and WHEREAS, plans and specifications were shared with playground vendors and the committee selected the preferred design and held an informational neighborhood meeting on June 11, 2012; and WHEREAS, the bid through the state cooperative purchasing agreement for playground equipment and its installation at Civic Center Park by Flagship Recreation is $80,900; and WHEREAS, plans and specifications have been prepared for site improvements at the park to include removal of the existing play container edge, removal of bituminous and concrete areas and French drain, construction of a new play container curb, ramp, underdrain, sub base, play surface, bituminous walks, concrete walks, synthetic resilient surfacing in the swing container, and a six-foot bench. NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council hereby approves: 1. Entering into a contract for the playground equipment /installation at Civic Center Park to Flagship Recreation for $80,900. 2. Approval of plans and specifications for playground site improvements at Civic Center Park and authorization of advertisement for bids. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of July, 2012. Mayor ry Attest: City Clerk JUL- 182012 09:30 FROM:FLAGaSHIP RECREATION 7635507864 TO:6516361311 P.2/5 Ad min M Materials Management Division Room 112 Administration Bldg., 50 Sherbume Ave., St. Paul, MN 55155; Phone. 651.296.2600, Fax 651.297.3996 Persons with a hearing or speech disability may contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. CONTRACT RELEASE: P- 9495) DATE: MAY 1, 2012 PRODUCT /SERVICE: PARK AND PLAYGROUND EQUIPMENT FURNISH AND INSTALLATION OF PARK AND PLAYGROUND EQUIPMENT CONTRACT PERIOD: MAY 1, 2011, THROUGH APRIL 30, 2013 EXTENSION OPTIONS: UP TO 36 MONTHS ACQUISITION MANAGEMENT SPECIALIST: SUSAN M. GROTH PHONE: 651,201.24 EQUIPMENT ONLY: E -MAIL: •sussn.arothMstate,mn.ut; WE$ SITE: www.mmd.admiin.state.mn.us CONTRACT /END.OR CLEARWATER RECREATION LLQ LANDSCAPE STRUCTURES, INC. aka; Flagship .Recreation LLC ST, CROIX RECRE ATION CO., INC. WEBBER RECRE=ATIONAL DESIGN, INC. FURNISH AND INSTALLATION: CONTRACT VENDOR CLEARWATER RECREATION LLC LANDSCAPE STkUCTURE=S, INC. aka: Flagship Recreation, LLC CONTRACT NO. TERMS PAGE NO. 444848 (MAPS) NET 30 PAGE 10 0000000000000000000025317 (SWIFT) 444944 (MAPS) NET 30 PAGE 11 0000000000000000000025294 (SWIFT) 444953 (MAPS) NET 30 PAGE 13 0 0 0 0 00 0000000000000025381 (S WI FT) 444956 (MAPS) NET 30 PAGE 14 0000000000000000000013004 (SWIFT) CONTRI&9 HO _T_9!jMS PADS NO. 444949'(MAP6) NET 30 PAGE 10 0000000000000000000025327 (SWIFT) 444927 (MAPS) NET 30 PAGE 11 0000000000000000000025067 (SWIFT) WANN# wAAww wwwtwMwAwwAAAwwwrwrw��wrWwwwAwArtAwuwf„ AwMAwA +,yAR�MNMAwwwwwwAwwwwwwwwAAAtAf teAwAAA�MNfAA�MRAMNRIARNNIfAMlkW rWiyrw'YhFAMrIM'AMM CONTRACT USERS This Contract is available to State agencies and to members of the State's Cooperative Purchasing Venture (CPV) program at the same prices, terms, and conditions. COOPERATIVE PURCHASING VENTURE: MEMBERS, This contract Is available for use by CPV members. If these commodities or bervioe can be better structured to help you with your business needs, let us know. We solicit your comments and suggestions to improve all of our contracts so that they may better serve your business needs. If you have a need for which no contract currently existe, or you would like to be able to us an existing state contract that is not available to CPVa, please contest us- If you have specific comments or suggestions about an individual contract you can submit those via the Contract Feggback_Fom1. STATE AGENCY CONTRACT USE. State agencies should make every effort to use the Contract Vendor(s) listed. Howevsr, this Contract does not prohibit State agencies from using their delegated local purchasing authority to procure similar products and services from other vendors. We solicit your comments and suggestions to Improve all of our COnUact Release 12 (10110) Pape 1 or 16 JUL -18 -2012 09:31 FROM :FLAGSHIP RECREATION 7635507864 T0: 6516361311 Contract Release: P- 949(5) CONTRACT VENDOR CONTRACT'NO, TERMS DELIVERY LANDSCAPE STRUCTURES, INC. EQUIPMENT ONLY NET 30 AS SPECIFIED 601 7'" STREET SOUTH 0000000000000000000025204 (SWIFT) DELANO, MN 55328 FURNISH S INSTALLATION NET 30 AS SPECIFICO 0000000000000000000025067 (SWIFT) ORDERS ARE TO BE PLACED WITH: FLAGSHIP RECREATION LLC, Customer Sorvico PHONE; 763.550,7860 EMAII.: infoll5flaoshidalav-c �,om TOLD, FREE; 877,550,7860 FAX: 7$1550,7864 FLAGSHIP RECREATION LLC'S CONTACT FOR QUESTIONS: Suzzanne Carter, Project Coordinator EM AI L: suzzanedbtlanshlnDlay.com PHONE; 763.550.7860 FLAGSHIP RECREATION LLCIS VENDOR NO.: 0000798466 (SWIFT) WEB SITE: www,flaashiDDlav &gM P.3/5 CONTRACT. 0000000000000000000025294 (SWIFT) CONTRACT: 0000000000000000000025067 (SWIFT) Recreational Equipment (LINE 1) Furnish and Installation of Equipment (LINE 1) Freight (LINE 2) Freight (LINE 2) ENVIRO CODE = RC Reevelad Cement Contract IRelaas a 12 (10110) Page 11 of 18 95Tµ4,14 M,IRMA, M011 ,STATE 9 RQUIPMfNI t:Ialffdaws BRAND prSMNf OFF V6W%DL5 QIINTiN1ANA CATALQ0t1AMOR M81111 MONAuesWa tatAWMarOMMOS, MIUL r04A LET tMJ NUMBIR RRCYCLIP WWINT OUIVILIN151T MIM POR IACN I'JI MY R BRAND 9. Playground Iqulpment for 2-5 Yearst 8% discount $10,00D- varied by phry8lovnd includes Swl, 11"La Mid—, i�� '• as ' "a' P �`' Landscape SiruetNni Joe, 6% $— M� �� pl• Wraund deaipy aria ASTM F7487 -07 SpAryMim•h oaas TetMrbe r 11BL •1 rS00,000t•• Equipment Catalog [WrarlmentMIReport Gimhery Seulp ras for mvra Informeflvn 10, PIRygretrrA EquipmMr Rw 617 Ynrea 8% discount $00,000 - yarks by playground l:g lwdae Swings, Searawy S11das, SPlnnoy Landscape Structures Inc' 0% 5499.999 2011 Plrygrwnl dawgry we AFrM F1467-07 5prlri8 Anlmafa, Sind Bvaea, Tathorball, lalidhwunl'OOO,ptlp+ Iau ipmsntCatelog QlmberySculptuns fformeroM$ormptlon p .PlagroundFqutpmpnt for 14Jwprr: IS discount $80AN - Lands ; was INFINVOMMMl Indludep Swing% Sgesavys, Slides, SMna■et SpH48 Mlmalb Santl Bows, T�lMrmaR 1p Londaape Structural Inc. 6% $499,999 Structures Inc. Pbylama Catalog a design, "a ImdronmenteI Report ASTM F1497 -07 e, Scut ras #011 aliwanl ,p0,ppp t for more Information 16. playground Eq„ ipm•M b:r 642 Ysen: 8%tllsddunt'$80,D00- Landscape Verses by Pluvarvund Inciud•F $yrlrys, Saaagvn, SINNe, SpinnarA urrAwspe Structural Inc. ON. $4004" Stltieluraitne. d.slgry sx ASTM Fla97.07 Spring Animple, Send Baum, Totharbpll, 10% discount 9500,opa + Ploy5ow Cahilot a EMlhunmental'Raport CHInbers, Sculpture# Zgli for mars infarm■eiod %dlraeunl58 AID- SltagWeW bylandleaps Wtlat bysketapwk I. Skate Pork State bywrldo ape Strpcb,ras lRd, i% 1 049!,998 Titructgres Inc. aeior, sae InvlronmentelRaped Not applicable land laear.155tarulstt I•mduetadwp for more bdorrintion l0 -2107) lA1,#kMM5B0,D00- $06hr%- mnlent Z•F&A Tubbs and $aatingfurnRpre Landscape bructurmInc. 6% $4801999 201 .7 Flaygro4nd yeriesbyproduct Naiapplicable l ONr discount $SODADp t lquipmant6glpg oMarep. R% d 06 iw•unt 9,000- ROU Playground 20 Got %. MAMMt 4aaAcGrlh Landscape Strucipratbtt. 0% $49 ari a4product WeappBdable left discount $500,010 • ENulpnMn1C4t ordered. 52• Bb"thall Backboards Landscape Strwi4t•t 111w. I% BvIOWvwfec 00- S{"'m 2012 ound M aY Brvuild ea 204OW%-canppm nea by product Nn epputstile 10%diacount $$00,000 r 1 am Catal ordered. S] Dike Reeks Landsape Structures Ina. B„' AW64nl 480,000- $499,999 2012 Playground 70440A - drnrrmi varied by product Ngtappocagra 10% dismount OoMg00 r 8nulpmaMdtafa8 ordered. 6 %d1scount WAM MM-content 14. Waste Rw4 vJs4 PT Landsca 5trUgcanr Inc. pa 6% $499,999 2012111mround adds lWproduct Natappllwbia WMd1esount$Sd0JM+ Egd4maat6fifo8 vld.d 8% dscaunt$BO,Qaa• )M1R11+ %-Content iB. Game l phyFippl ap Ceu,esa FRn Lardsapa Stnlddntel ldc cis $490,990 2012PIeypround yadvo1q produd Nat appOcable 10%ZfouM StIM • nanl Gae GY rlp, tlW ordered. Contract IRelaas a 12 (10110) Page 11 of 18 JUL -1S -2012 09:31 FROM:FLAGSHIP RECREATION 7635507864 TO:6516361311 P.4/5 Contract Release: P- 949(5) CONTINUEO FRPJI$ tr, SHIPOIIVG ArIDTRAIVSPDRTATIML Shall Be FOR Destinat7on, Freight Prepaid and Added moans that the sgllgr will preppy thit transportation charges, but will add the ghorps to the Invoke for peym■nt. The Contract Vendor will bo reimbursed only for actual cost of trglght, no handling dmrgm, overhead, sec. The Contrast Vendor will b4 roqulad W provhhr a curry or their freWd alvalue along Wtth Umir requnt for inyrnent. 341S TAX; Slate agenclos erg gub*t M paying Mholesane sale and 16g taxes, Tatax will ha ppid to the Dgparlrlltrlr of Rq+lgrnlg uamg Dlrgct Payment Permit 1114. Ct opleratlVe PLIMhalllq Vgmture (CPV) Members, need to identify their sales taw regglrartenr to the Contract Vendor Ilpal the regUnt for is firm quota and prior to issuing any purchase or Work order. Landscape Structures 2012 Playground Equipment Catalog: hgo'& .mmd.admin. /bdf/ P 949( 5) 2212LandscaneStruchlresPla _gro gaealgL ,gdf Landscape Structures 2012 Playground Squipmsrit Price List: hgQ:/(www mmd admin mn us/ odf/ P- f4fl(5) 2n12PrlceListLandweReltructures Playground Eouidmsnt odf Landscape Structures 2012 PlaySense Catalog: , h=i/lw Av.mfnd admin state mn uI/ �flp- 94915)2012PIgy§AnsaCataloa Landscape Structures 2012 PlaySense Price List: htt /www min sta mn us/ f /P- OnsoPOC i Landscape Structures 2012 Playground Equipment web site: http: //www.alaWsi.cam/ Skatewave Product Cateldg: m in sta df /P -tM9 b k I f Sketeweve Prioc Irist; httn. /Iwww.mmd.a Mete. mn. us/ odUP- 942(5Zgl2PrIceLlstSkgltawaye.20f Contract Release 12 (10/1 page 12 or 1a fl %ellsaawe,Sgp,Opq- 2012Planreuhd 17 FAWV Sterlarb Lorwisrarwr Structures me m $499,999 fgplpnermr3talog am OTU F17074M 10% discount $500.0004 1. Inabab MKkattap 6 buaool Various Brands per Athlatl[ llbi N/A Alhl4tlp0etmadtlon •1"prkeDIII Varhs Not apphcabl- ronnaaoell►eefaaea• fall evable upon folquest 2." Tobin and SnUngFurniture Dumor,hrcl 1% N/A xRe furnis 2011Varlee- tnrorrnlienb Notappl is Igbke 1"Ve Upon resiusa 4 peak Grills Bumpr0m. i% N/A McFurrnlehloBs21711Vades M114WkMfl1 Netoppllcable waitird. uows strand s. Lim Moisture Various Blonds per Athletic lets N/A Athletic Crmnectkni dn- l nfirmotion le Notapelaoblo ConnectronsatHq upon ragwst S. Goal, TannhYc Volle yball Posfa a N.rs Van%* Brandsiser 10% WA AddNMGotlMctkm VANN•ln*krmaWmb Not oppk kM- C4nM011r,ar v :nwkylr h7a'10- Sprins'll "Nble upon requeel 11.- eriytball ltmkhparda various Brands per Athletic t0% N/A Athletic Connection Yorke - InfonMell9rlb Nix applicable Connections catalog' Foil'tv4priliq 12 available upon regiMat i].BlkeRacks Dumor.arc.' is N / A x11.PeeletaMlrr / a20it penes- Inea,sntavonK Not applicable Catalog awlbble upon aquest 14 Waste Receptacles Dumorin[•' 1% OVA SlnFUmWllll�7011 Vptya Inlgrmartlorlls Not Applicable Catalog available upon roovact 17.SHMSurhiclilg PleratenRubbsrProducts, 10% N/A Plarest"Aubher ee V4rin -a,for adonis ASTM -0 4 Ire. Produo%lne "able upon request 17.salelvSurfacing SM11FAtCU,Inc• us N/A WSURFAC23, Was - information is ASTMFIZ924M Inc.,,. evalnble Open rgquaat 17 Waty Surfacing xrern- An loci at/A Surface America, Varies - information Is AgrMF12p2-0e Ina vaikblu upon request SAO,m00- 20i2 Pbypeunri -17. safari ilurfacing-Ps" Nea Landseapa 14ructuras IM, 6% 5499I9B9xnt ggWpmaruCatalpg ASTM P12" lo%ereauetSsgopllga e17. WeiSW6411lg • pawls Rea ggbbarffls 10% N/A 2012 LlM Prtclrlg 1 7. Park PabillonAdarabos gpSxtnaennee 19% N/A 2012NstPricing voMs- InfernailonIs available upon request FRPJI$ tr, SHIPOIIVG ArIDTRAIVSPDRTATIML Shall Be FOR Destinat7on, Freight Prepaid and Added moans that the sgllgr will preppy thit transportation charges, but will add the ghorps to the Invoke for peym■nt. The Contract Vendor will bo reimbursed only for actual cost of trglght, no handling dmrgm, overhead, sec. The Contrast Vendor will b4 roqulad W provhhr a curry or their freWd alvalue along Wtth Umir requnt for inyrnent. 341S TAX; Slate agenclos erg gub*t M paying Mholesane sale and 16g taxes, Tatax will ha ppid to the Dgparlrlltrlr of Rq+lgrnlg uamg Dlrgct Payment Permit 1114. Ct opleratlVe PLIMhalllq Vgmture (CPV) Members, need to identify their sales taw regglrartenr to the Contract Vendor Ilpal the regUnt for is firm quota and prior to issuing any purchase or Work order. Landscape Structures 2012 Playground Equipment Catalog: hgo'& .mmd.admin. /bdf/ P 949( 5) 2212LandscaneStruchlresPla _gro gaealgL ,gdf Landscape Structures 2012 Playground Squipmsrit Price List: hgQ:/(www mmd admin mn us/ odf/ P- f4fl(5) 2n12PrlceListLandweReltructures Playground Eouidmsnt odf Landscape Structures 2012 PlaySense Catalog: , h=i/lw Av.mfnd admin state mn uI/ �flp- 94915)2012PIgy§AnsaCataloa Landscape Structures 2012 PlaySense Price List: htt /www min sta mn us/ f /P- OnsoPOC i Landscape Structures 2012 Playground Equipment web site: http: //www.alaWsi.cam/ Skatewave Product Cateldg: m in sta df /P -tM9 b k I f Sketeweve Prioc Irist; httn. /Iwww.mmd.a Mete. mn. us/ odUP- 942(5Zgl2PrIceLlstSkgltawaye.20f Contract Release 12 (10/1 page 12 or 1a JUL -18. -2012 09:31 FROM:FLAGSHIP RECREATION 7635507864 TO:6516361311 P.5/5 Contract Release: P•949(5) Dumor Catalog: mgw.dumor.com Piarceton - Rubber Products Brochure, w M&Dacushlon.com Athletic Connections Catalog, htto,/ M+ ww. atbIgUgQQo, ggflga&om /odfCstal.Qr,,l( ROP Shelters: XgMIgMhefters.com International Mulch » RubberifFiC: w r,i0m6tionslmulch.com 1 P* •Contact Vendor for additional Information If needed. 001 1 1rul Release 12 (1 oil p} Paga 13 of 16 landscape structures QUOTE CONTACT: Please make PO's & contracts out to: PHONE: Landscape Structures, Inc. FAX: 601 7th Streeet South E-MAIL Delano, MN 55328 SHIP TO: Please Advise Please remit payment to: Landscape Structures, Inc. SDS 12 -0395 $ PO Box 86 Minneapolis, MN 55486 -0395 BILL TO: Please Advise Date: July 16, 2012 Project Name: Civic Park New Hope, MN We are nlen.gPd to cuhmit this mmnnsal to sunnly the follovAnE items: Original Jolt #: QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED AMT 1 Main Bid- Drawing # 59442 -3 -2 $ 66,480.00 Includes: EVOS, Playshaper, Swings, (2) saddle spinners and Triple Orbiter 1 7 Panel Mobius Climber w/ Install $13,760.00 $ 13,760.00 State Contract Release #: P- 949(5) State Contract Pricing Applied: Contract # 444944 1 Install Notes Installation of the equipment will be completed within 10 working days of prepared site. Terms: Net 30 Days. SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPONAPPROVAL BYFLAGSHIP RECREATION, LLC CUSTOMER Freight $350.00 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. Subtotal $80,590.00 Date ACCEPTED BY CUSTOMER Applicable Tax Included Above Proposed by This proposal is presented by Installation Included Above $ 80,590.00 5607 Cedar Lake Rd S St. Louis Park MN 55416 TOTAL flargship., 763 550 7860 763 550 7864 " 'r''' Prices are good till 12 -31 -2012 t Sta ntec July 23, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Civic Park Community Play Area - Approve Plans and Specifications Client Project No.: 900 Stantec Project No.: 193802183 Dear Guy: The plans and specifications for the site improvements at the Civic Park Community Play Area have been prepared and are ready to review. The anticipated total construction costs are $53,074 for site improvements. Project removals include the existing play container edge, removal of bituminous and concrete areas and French drain. Construction work generally includes a new play container curb, ramp, underdrain, sub base, play surface, bituminous walks, concrete walks, synthetic resilient surfacing in the swing container, and a 6' bench. If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the July 23rd Council meeting. Quotes could then be sent out on July 24 received on August 6 and brought back to Council for review at the August 13 meeting. The work under this contract would be completed in the late summer or early fall months. The 6 sheet construction drawing set is included in the Council packet. The complete construction documents are available at City Hall for review. If you have any questions or require further information please call me at (651) 967 -4534. Sincerely, STANTEC / Kate M. Lamers, P.L.A. Landscape Architect Attachments: Construction Drawings - 6 sheets Construction Quote Form Cc: John Blaisak, Steve Ellingson — New Hope; Chris Long — Stantec. SECTION 00 04 00 QUOTEFORM Ovic Palk Community Play Area IrWnwemems CITY PROJECT NO. 900 FILE NO. 193802183 NEW HOPE, MINNESOTA July, 2012 QUOTE DUE: MONDAY, AUGUST 6, 2012, 10:00 AM, CS.T. RETURN TD: RATE M. LWERS FAX NUMBER; 651. 636.1311 OFFICE NUMBER 651 - 967 -4534 No. Item Units Qty Unit nice Total Prim I EE Unit Prim EE Total Price BASE BIM: I MOBILIZATION LS 1 $ $ $4,000.00 $4,000.00 2 SITE GRADING LS 1 $ $ $3,BDO.00 $3,800.00 3 REMOVAL OF PLAY CONTAINER MODULAR CURB AND WALL ES 1 $ $ $2,700.00 $2,700.00 4 REMOVAL OF BITUMINOUS TRAIL SY 1@t0 $ $ $5.00 $900.00 5 REMOVAL OF CONCRETE WALK SY 83 $ $ $S.00 $415.00 6 REMOVAL OF FRENCH DRAIN LS 1 $ $ $450.00 $450.00 7 REMOVAL OF BENCH EA 1 $ $ $300.00 $300.00 8 DRAINT(LE LF 160 $ $ $12.00 $1,920.10 9 STORM SEWER SERVICE LF 125 $ $ $5.50 $687.10 10 CONNECT DRAINTILETO STRUCTURE EA 1 $ $ $SOO.OD $510.10 11 BITUMINOUS WALK SY 201 $ $ $22.10 $4,422.10 12 4' CONCRETE WALK SF 800 $ $ $6.00 $4,800.00 13 CONCRETE RAMP Fit 1 $ $ $500.00 $510.00 14 CONCRETE PLAYGROUND CURB LF 250 $ $ $22.10 $5,5 15 SYNTHETIC RESILIENT SURFACING SF 325 $ $ $22.00 $7,150.00 16 ENGINEERED WOOD FIBER CY 34 $ $ $211.00 $7,174.00 17 PLAYGROUND MATS EA 7 $ $ $300.00 $2,100.00 IB PLACEMENT OF DRAINAGE AGGREGATE LS 1 $ $ $500.00 $500.00 19 GEOTIDCTIF FILTER FABRIC SY SOD $ $ $3.25 $1,625.00 20 SODDING, [AWN TYPE SY 361 $ $ $4.00 $1,444.00 21 BIOLOG LF 315 $ _. $ $3.00 $945.00 22 PROTECTION OF CATCH BASIN IN STREET EA 1 $ $ $300.00 $300.00 23 B BENCH EA 1 $ $ $950.00 $950.00 TOTAL- BASE BID $ $53,102.50 COMPANY PRINTED NAME OF SIGNER: TITLE: aara3r-0ll Tba I PAP GO wQu- Stantec July 23, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Civic Park Community Play Area — Approve Play Equipment Quote /Contract Client Project No.: 900 Stantec Project No.: 193802183 Dear Guy: The play equipment for the Civic Park Community Play Area has been determined through a community design process and the quote and construction contract are ready for review. The total quote for the play equipment is $80,590 for site improvements. The equipment includes an Evos 5 -12 play structure, a Playshaper 2 - 5 play structure, a triple orbiter spinner, two saddle spinners, a 7 -panel Mobius climber, and a 3 bay swing set. The quote also includes equipment footings, freight, installation and taxes. If Council chooses to move forward with this contract, City staff could authorize Landscape Structures to begin manufacturing the equipment once quotes are received for the surrounding site improvements. The target date for this work to be completed is by the end of August. The contract issued by Flagship Recreation, the local representative of Landscape Structures, Inc, is included in the Council packet. Graphics showing the final design, as well as preliminary designs submitted with Landscape Structures, Playworld Systems and Kompan equipment are included in the packet as well. If you have any questions or require further information please call me at (651) 967 -4534. Sincerely, STANTEC Kate M. Lamers, P.L.A. Landscape Architect Attachments: Flagship Recreation Quote for equipment Flagship Recreation State Bid List Certification Final Master Plan — 2 sheets LSI — Final Equipment Graphic Preliminary Equipment concepts from LSI, Playworld Systems and Kompan Cc: John Blaisak, Steve Ellingson — New Hope; Chris Long — Stantec. 2�' HW�VXW I st L ftk m S.0 h-. CITY OF NEW HOPE fist-w Hwo CIVIC PARK COMMUNITY PLAY AREA PLAYGROUND AND SITE IMPROVEMENTS j CITY PROJECT NUMBER #900 2012 s CITY HALL p D '�� 9 �� I PROJECT LOCATION SHEErINDEX Mo, DEMOLITION 1 ER09ON GRM) C3ffRoLX7M eC PFaTrMN M C 0 SM LAMW M oEr al MIZZ DUALS z fi-skmmTAL 0 El Fff-- I P .--i A Y �a� 3 �a ' -1 I I f Tm � g=� KATHI HEMKIEN MAYOR JOHN ELDER COUNCILMEMBER, ANDY HOFFE COUNaLMEMBER DRIE It ll �c L ERIC LAMMLE COUNCILMEMBER 9L DANIEL STAUNER. COUNCILMEMBER U- LM A KIRK McDONALD CITY MANAGER 0 SUSAN RADAR PARKS & RECREATION DIRECTOR STEVE SONDRALL CITY ATTORNEY k" VICINITY MAP STEVE ELLINGSON ATHLETIC DIRECTOR JOHN BLASIAK PUBLIC WORKS Oak In Ati 6-575o REMOVE 55 641M DRUM FRENCH M DRAIN== (APPROIGMATE LOCATION) INSTALL. 240 IF OF BIOLOGS REMOVE CDNCRETI WALK INSTALL CATCH BASIN INUETPROITCrION Z3GSIfigI-y36W SL P14 NN 55I13 REMOVE BITUMINOUS AROUND WARMING HOUSE 1 i L 4 * Ph: 0143 -6364311 645M fa: 651 SAVICUT EKISTING bQUMIMOUS TR'JL TRAIL EDGE 'Q11SE I . . . . . . IN . Is PROTECT LIME OF NOW L O i l! / oo SA TEXISCING 1 1 NORETE wAuR EXISTING PLAY EQUIPMENT CONTAINER. AU. EXISTING PLAY 4P EQUIPMENT, FOOnNTSAHDRAMP EX[SnNG BENCH TO ♦ REMAIN trM ♦ WILL BE REMOVED BY THE CRY PRIOR TO CONSTRUCTION STARTING. 0 INSrAJU. 35 UP I EMSTINGSWINGbLAY CO ♦ REAMIL EXISTING SWING PLAY CDNTAINBIL ALL CITY TO REMOVE EXISTING PLAY SAM PRIOR TO CONSTRUCTION STARTING. APPROXIMATELY YM CY (LY) SAND IS ♦ BIOLOGS cny HALI. LOT MUSTING SWING EQUIPMENTAND %LL AVAILABLE FOR CONTRACTEM!I USE AS A FODTI WILL BE REMOVED BY THITY E CITY PRIOR 10 COWRUCrEDN STARTING. C O DRAINAGE MEDIUM BENEATH THE NEW PLAYCDWrAINERWRFACE. NO REMOVE EXISTING PLAY SAND TO THE BENCK PAD AND F EXTENT N CESSARYTOINSIALLPOURED E IN PLACE SIJRFACENG. 5MCKPILE SAND AND PROTECT FROM CONTAMINATION WITH OTH R"TERIALSINORDERTO 10 CDHSrRUCn AOCESS� PROTECT REUSE REMOVE REMOVE I ODIUM PLAY MODULAR PLAY EdRPMEffr * EQUIFIKENT ■ ROUTL z a e 0 CON7KNER ♦ I CONTAINER WALL ♦ CURL 0 12 =40 OF B .SWOONS"""' 006 =0 swou' NOTES, ISTING amAsm OYP) 2 u 1. GENERAL CONTRACrOR TO COORDINATE PROJECT S GRADING, PAVING AN11) OTHER PERMWENTMISILUCTIOM ELEIENTSINYTH CIVIC PARK COMMUNITY PLIW EQU ENT INSTALLATION, WHICH WILL BE COMPLE CHEDULING, TED AS A SEPARATE PRO)ECT AND CIDNTRACr. CONTACT ARCHITECT FOR ABOUT I THE RAY WAMENT INSTALLATION. SF.ESPECIFICKTIONSFMFUUDESCFUPnONOFCOMDMTMKRS"MMXrEESMO�PRMOM. 2 . EXISTING UTILITIES AS SHOWN ON THE DRAWINGS ARE SHOWN IN A GENERAL WAY AND MAY NOT BE MCITOTHEIRLDCATION. YHBRE EALSCaTHSt UTILITIES NGT SHOWN ON THE DRAWINGS. POOR TO A"Y CONSTRUCTION, THE CONTRACTOR WALL CALL GOPHER STATEONE CAILAT 014510002 FOR EKAaLOCmTXwAMO HELD VERIFY THE EXISTENCE AND LOCATION OF ALL LrnLinES PRIMTO ANYOONSTRUCTION ACnVMES. 3. TH CONIMCEORISRESPOMSIBLEFOR ffdUFYIMGTKECON=ONSOFTHESITE. ��IMMEDI�TLEYKRTNTHEffMNESVLANDSCAPEAROUECT DI Of ANY SCREPANCIES OR VARIATIONS 9ROM THE HE i. ALL EROSIONCONTROL MEASURES SHALL BE IN PLACE PRIOR TO ANY REMOVAL M GRADING WORK AND SMALL BE MAINT41163) UNTIL VIABLE TURF OR GROUNDMIER HAS BEEN ESTABLISHED AS DETERMINED BY THE 54MNMVWMWAPE ARCHIIIECT. S. THE PROJECTSITESH BE KEPT AS HNZARD FREE AS POSSIBLE. THE CONTRACTOR SMALL PROVIDE CONSMUCTMFENCINGAS NECESSARY MID 9HN1 REMOVE DEWmS FROM THE SITE DAILY. 6. PROD CrUM OF WORK 15 SHOWN ON THE DRAWING. RESTORATION OR REPLACEMENT OF ANY PAVEMENTS, TURF, UTILMES OR OTHER FEATURESCUMDE OFTHE PR03:Cr UMnSTHAT ARE DAMAGED DUE TO THE OONTRACTORSACrS OR NEGLIGENCE �L BE ATTHE DMINSE. TIE MENIANDACCEPTABLUTYOF THE RESTORATION OR REPLACEMENT SMALL BE DETERMINED BY THE 84MMEMANDSCAK ARCHITECT. 7. PROTECT STING TRIES, INSTALL ORANGE MESH FENCING, 4 HIGH, S' OUTSIDE OF THE DRIPUNE OF ALL TREM AS APPROVED BY THE ENG■MEEMANDSCAPE ARCHITECr. WITHIN THE PROTECTED AREA, DO NOT PERFOR14 ANY ACTIONS THAT MAY HARM THE TREE AND COMPACT THE SOL, IMMUDING, BUT NOT UMMO TO EXQWATXK SFOR1 MATERNAPARKINGANDTRAFFIC DURINGOONSTRUCTION. WHERE WALK ICCATIONS RWREDISIUMANCIEWITHIN THE PROrECrWAREAOL5rURBTHE "'B"' AS LITTLE AS POSSIBLE. WHENENCOUNT19UNGTRE ROOTS THAT MUST BE REMOVED, CUT 0.0015 F1w YAS FXRFRDM THETREE ASFOGSILE NO IMMEDIATELY WATER AND BACKPILL ROUTSTO PREVBfr DRYING. B. UNIT CONSTRUCTION TRAFFIC ON ANDOFF THE SITE TO THE CONSTRUCrIDNACCESSPOM SHOWN ON THE DRAWINGS. 9. CITY WILL PROVIDE WATER FOR PROIECT CONSTRUCTION. CONTRACTOR MAY US! IDDSTING HYDRANTIN PUNKAREAPORWATERSOURCE. CONTRACTOR MUST NDTIFY Y, F0706 Mme• 1. THE PUT OF T HIS CO CONTAINERWILL BE RSN 1DIWNFIIEWRL BE CONTRACIDR WAIT of DI THIS CONTRACT. 167 .ER WORK ITK.1 E B 1LIPME 11E mO UN DER M WNERACmR RATE COOR CONTRACT' A C SPEC BI O W[ F OI RA DETA7IEOOQLBPNBNEINSF rMN OF COCRDINATIONnEESPONSEE SPECGT[ONK FAFSCAPEION COORDINATION RSS60311ES 2. TMEEXMM SWING CONTAINER DOES NOT HAVE DRAIKIE OSlKLLw AS PART OF THIS CONTRACT. 3. SPDTELEVATmN1 FORSYN uic RESILLIENTSURFAONGAREINE9 'mFDro6ErA60YE THE ACIACENT roP CF SAND GRADES MOHAVE A BEVELED EDCf SLOPING DOWN INFO U THE SAND SURFACING. SPOT ELEVATIONS RIOVIDEDAREFOL7IETOPOFTHESYNENEMC RESILIENTSURFACING. ITIS THE RESPONSIBILI YO'THEDOPENPCTO(ro ODPoECRY t,l GRADE AND INSIMLTHE 4' CONCRETE BASEBEIGY/ TIE SFNRIETICRlsLIBNT5IMIFACE 11 1 MATERIAL CONTACT LANDSCAPE MOITECT /ENGINEER IF DISCAEPMOESUE7WEEN THE DRAWINGS AND FIELD CONDITIONS DD NOT ALLAN SYNTHETIC REMENTSIAFAaNGm I:♦ Be INSTALLED AT ELEVATIONS PROMID. •. 1. OMMINOUSO CONCREIERUANONGWAUSLOPESSWLLNDr EXCUD4.5%. CIO36 SLOUESSMALL MOT EIEEm 2 %. I. DISTANCE BETWEEN THE TOP O PLAY EQUIPMENT CONENNERCURBAN07HE TOP OFTHE I ENDIHEERED VAXID 8692 VARIES FROM 3 "TO 65'. ADAbTNRBHE1O1Ero BE 20".14 Ix DRDER m AFACN r1E BOTTOM of 411ESANDDRAIxNAFAYC£. 6 MAIDMUM SLOPENRHINPLAYE .ZUIFPRMCDNENIBIm6E2% 7. B. T.WF.- 1(P OF BER ? 9. T.G �F CURB i 10. INV. - I ER HEVATION • I I Im f / i 1 ? PRDECE LEPMT OP WOW b •1 I i i r I \. 1 \ I 1 LAYOUEAND OBT' FTS Y j - / O R SERVICE O \ ' ♦ 1 ♦ _ _ CORI DRILL CONNECTI 11 I \ ro ♦ EXISTING GTOf BASIN. , 1y1 t 912.7AINV. SEE SPEnHCl�TIONS 1 I I 1 / \ F i I I l ` ♦. PROIECTE(ISTINGLLGHTANDWIMMG. - ? I � _ I �� vEwFY WIMNGLDC6naxPRLOR.m " -_. ` ♦ ♦\�I TPENCIBNQ -_ - f'p\ 9 NON- PERFORATEDSTORMSEWNI I H SERVICE (HOPE) ♦2 %SL \. _._• ® \ ]�� I - _ - -- -- E1�EING CON�OII0. UM I O _ o PROPOSED COMTOIRMAI _ 1 ♦_ 9' PE ED ORAIN TILE (MOPE) - \ 0I.S%SLOPE. MAINTAIN DISTANCE PEE0.0.AACC CONCRETE WAINAROMD \ . FR09 RAY EQWPMENE FOOTINGS • N OISE .I MATCH GRADESAT WARMING NOEE •♦ ` ASSMOWN. SEE DR 14CILDI AMO SLOPE AWAY AT I -25A ♦• SYNTHETIC Rei..311RFACING TO E ELUEN y � `''� • WITH E)0RINUI=CRETE CURB ANDNIUEQ'([.: 1 4r �� BITUMINOUS IN 04DERmPROWOEAN _. _ _ CC l!LE TRMSInON IMTDTME CONTAINER O I� O. 1 aa■ ■ r�RlAr ■aA1 a� \\ �� '1 -'. It W. »• � , .W i INV. 9113[ as �� ♦♦ .�919H■ T.C. a lso 4m, ./~ O .? ♦♦ T.W.F. 91695 T.W. 9 ♦ f♦ , PROV[0 'OItA:NEBE ■ ..... 91937 T F(CB.@ F _ F ♦ ti 9/5.]5 ' i 7 • • \. TeT.WF.•91].99 ? - ♦ t 1% E%ISTING OPUY CONTAINER PLAY •�1 , "i OV. 9;6,RS EQUIPM VPOLBE DSTNLEDPRLOR TO `\ \•, / C SYNTIIETI ^� SURFACINlG. ■� I 31��_��RG RAY n '-.p�uiT PQIIIPMENTmNEA9EE IS 4' TG flyYUT EQUIf1F.W6LE'DH6TAIIED ■ ( 919 AFEER��dUCANGRADINGIS BIUT,R m IS It T.�.F.9lB NG 6♦ED v" LIX •,SEE ._ NOT l T , T4 919.03' ♦ \ \\ T 0 `•♦ ♦♦ �.� 919 Sly ' - - ___� ♦` � r rra ■arraaaa aaara ■ ■rrrarr EX]6TING WARMING �g 918.1 L , .W. 916.4 \ T.C. 916 1 WF.91 /Af I i `(( B JJJ... W.P.1RUS PROVIDE DRAINTIIE D DA.916 CIENCOIIE NLfJfB02 ■■ •♦ , 916.67 •C ' 1 CITY HALL MDT / ANDDRIVE ROUGH I / N i / PIC: 65143"m PAC 651436-1311 }i 9 �E3 iB�� pp S � p E 335 Nt H 5 307 Z � 0 x Z I a € � b E F E Y a � 01.01 4" CONCRETE WALKAROUND 3OUIT BETWEEN NEW WXRMINGHOLISE.UM301mr3 I ROUSE RADIALLY TO ALIGN YMM CENTER WARMING MO Of WARMING HOUSE. WE DETAIL FOL,."TION. Ar-BIM 1 BITUMINOUS T ' JLAU.TO REMAIN. SODDING, LAWN TYPE. WITCH ` PROPOSED 4 VIII 2335HiQh-y36 W ♦ SEE SHEET C0.O" PROTECTION ANDIUPAHtSODWrndNLIMff CWASTE RECERXL V.ASTE '41, 5513 NOTE& OF WORK RECEPTACLE BY 011i E % Pk 651�364600 Fa: 01,53r,1311 MEET INUSTENG TRAtGRADEAND- - BITUMINOUS T� SEE .4111, N PwxGy LIMIT OF WORK 30IMMEW BITUMINOUSTRMILIN itra, \FOR A smooTH coNmecrick BITUMINOUS TRAIIj REPLACE ntK ASIS- DETAIL NCBA WIDTH IS IMATELY B. EXISTING WARMING mc�m I" �4 Jill 419 • 17 IT E)aSnxGBENCHM REMADE NG, LAW CoRC SOD D PX RESI OF EET ...... ........ .............. N=== RYI) EcrION. FAD.) IC dENT SYNTHET EXP JOINT SURFACINGOVi 4 ... . ..... WHERE ME MEETS CONCRETE BASE' THE G WALK. UT. .02 CITY WuKNG Lar INEERED WOOD BER SURFACING INSIDE MAT MOAVIER. ME RA gT S WIN G EQLWPMENT JONI =Z.E O TH -c ME, SEE NOTES. PLAYGROUND NOTES. R6, SEE PXB.02 Tq P ONCE EQUIPMENT ..E. SAN. CONT R�SRIEWIT SURFACING 0 \ AREA ARE INSTALLED. o E ♦ ♦ 22-W 0 as. z CI S t NOTE GENERAL CONTRACTOR M COORDINATE PR03ECT SCHEDULING, GRADING, PAVING AND OTHER PEFMNENrCONMUCr)ON ELGMENTSWITH CIVIC PARK CCMMLINmPtAYEQUwMESITI�ALLATIOM, WHICH WILL BECOMPLETWASAMPARATEPREBECTANDCONTRACT. COWACrENGINEEIRIANDSCAPE AROWrECT�MFMMATIDN�W�E�YEQIAMEWI�TICK. SEE SPECIFICNTIONSFOR RIESPONSIBILITIESAMORELATEOPREDICTS. 2_ THE CONTRACTOR SMALL REVIEW THE SURVEY STAKING NEWS OFTHZ! FROMECT WITHTHE EINGENEERYLANDSCAPENOUTECrATTHE CONFERENCE THE SITE WILL BESTAKIX) ONCE BY7HEENGINEER rrO THE CONTRACFORSWSPON51■LRYMMNNiAMSTAuWTmmniOUrTHE I THE CONTRACTOR SMALL GIVE THE 1511GINEER&ANDSCAPE ARCHITECT MUM THAN a HOLUM INGE NOTICE ST%KISWULM IF PROVIDED EWER SERVICE OR FOR 119 PLAY CONTAIN TILE. SEE R�Rl�I FICATIONS. RETEA"OBMMI"WIWALICS.BEKHLDCA�,��TMEB[aJDGSTREEPROTeCrIONFENOW� STORM S DRUM PECI R. N1CUFUI RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTTIED. FOR UYOUTKMDSBTHEFAaoF CURB 1524rrRomTIE BNMmaLpm 5 - PROVIDE EVANSION JOINTS BETWEEN BACK OF CLINES AND CONCRETE WALK, AND WHERE CONC RETE EXPARSIONJOINTSAT31TO.C. MAXIMUM INTERVALS IN CONCRETE PLAYARER DIRE. tMINALKABLUSTOWARMINIGHMSEFOUNMTION. MOVEMi LE fi SPECIFWATLON& STURBANCES OUTSIDE OF THIE'IMIT OF WORK ARE NOT CONSIDERED PARTOF THE PRMECTAREA AND MUST BE REWURIEDATND PITHE—OFCONSTRUCTIONTOBE-0. ME ADDITIONALCOSTTOTHEOWNER. 7- SYNTHETICRESIUENT SURFACING MUST MAINTAIN ALIGNMENT SHOWN WITH THE SWINGL CDNTACrLMCSCAPE ARCHIRECT/EiNGENEIR IFTHE UDCIUION OF THE SWINGS REQUIRES CHANGES TO THE� UNNITTVANDLAYOUT. 10 Fbd 20 C1.02_1 SEALANT FLUSH WITH FINISH GRAM OF CONCRETE PAVEMENT MEDIUM BF:OOM FINISH. SEALANT SEILLANT FLUSH W FINISH FINISH PERPENDICULAR TO GRADE OF CONCRETE PAVEMENT ROUTE NOTE' WALKING RO ��/ ALL OUTSIDE EDGES AND JOINTS SHALL BE TOOLEDWRH A RADIUS TOOL. BRUSH FINISH CONCRETE SURFACE AFTER �i� ELANTJOM TWUNO. _ sLfftc y � /l WIDE BREAKOFF IXPANSION JOINT - ,�: MATERIAL. WITH FLUSH SEALANT. TYPICAL L EXPANSION JOINT BETWEEN SEPARATE CONCRETE FOURS. ALIGN EXPAhISIO11 J WITH LOCATIONS SHO'MJ ON FLATS. ^ .. I �I A THICK BREAK OFF EXPANSION PROVIDE T2' IN EXP. . P. JOINT WITH PRE- 6DLDED MATERIAL AND �� JOINT MATERIAL ADJACENT TO 1M'IAIETFUINE SEALANTAT 21V INTERVALS UNLESS �� ALL EXISTING PAVEMENT, CURBS. OTHERWISE E SE D. TOOLED CONTROL JOINT TO Y /� FIXEDSTRUCTURESORAS DEPTH OF CONCRETE WITH X' SHOWN ON RAMS DEPTH Tb RADAM SEE PLAN FULL THICKNESS NEW WALK TOOLED CONTROLJOWT FOR SCORE PATTERN LEFT. SEE ENURGEMENTTO S'THICK FIBER REINFORCED BRpON BROOM FI AFTER INSTALLING CONCRETE EXPOSED CONTROL JgNfB TO REMOVE EXPANSION JOINT BETWEEN FINISH OR EXPOSEp TROWEL LINES OF SCORE JOINT SEE NOTE ABOVE SEPARATE CONCRETE POURS AGGREGATE AS SHOWN ON TOOL SEE ENLARGEMENT TO LEFT. PLAITS. BROOM FINSHAFIER x175 HIk; MIN SL Paul NN 5113 M: 65 343 616 0 0 Fv 6514361311 _ � 6 NOTE AROUND WARNING HOUSE:- ALIGN FINISH WITH CENTER OF WALK PANEL SO THAT BROOM LINES RADIATE OUTWARD. INSTALLING CONTROL JONTS TO REMOVE TROWEL LINER OF -�" •" ' ^ • - YSELECTOMNUTAR B CONCRETE I GENERALLY W FOR BENCH AND WASTE RECEPTACLE PADS WHCH MINE YIHIGS WHIC TH ICK BORROW COMPACTEI IOD% DENSITY p e C 3 E I COMPACTED SUBGRADE E '� S A a•coxcRETEWAUC ��3s NINwML Lrwm)E 64 SHOUIUE'L EAOI SIDE Y OR 1B FINISHED GLIDE DS SEE TIP. SECTKIN wPfaCE MATBUAL D or Fr MATERIAL THR104M 3' MIN, 00 NOT RACE SURFAO! MDBIIAL UNTIL FROU WALLS EXCAVATED DEFTHASEE ENAPWIAIB)BY LANDSCAPE AND SURFACES LANDSCAPE ARCHITECT . L 3' TYPESS, WEARING W 0.g MDTNRE m (SWY6 aiOB) 16'AGGREGATEBASLOASS,ION&CBAlEO SAND N DOL .E WALL HDRE DRADIAGE DC AYATIONANDMINTIONALAGGREGATEB /SICU65 , AS DIRECTED BY THE ENGINEER )�?eITUMINlX15TRA1L -.- ..... .... - _J - TUBING.. INSTALL TUBDK.WRN :'� R31FpNTIONS FACING DDWTI. '.. '. Z O) A 6 � uJ VA]0p PIB9lMUDL SEE � �. -' r PIPE PLUG. SECURE METALTAGTO RIF RNIG /f GPMLE OF BEING DETECTEDTHROUGH SURFACING " 1- • �) . WITH 4 J rDU. D GIO GIp SO® SCHIRNULE D ..r.• ^ r NON - PERFORATED TORE PIPE � t } I,. F - y _ .. s o = Z E 7 Q ° J[ tL w f x R9NIalIL SUBBA58.OFJIUf CONTAINER 6 ..•. T3 Lr -_,r .. - _ _ 45 DEG. BEND SCHEWLE 60 RCFTRWG —/ I(DB 570. MATERI 1 .. _ ,_� _ ...>\_..�_ i Oo 0 -- 000000 SM. SEE 0,1C9.02- °O °O °O °D° COURSE F6TE0. O ° O O O 0 0 0 0 AGGREGATE NNDUT PROCTD0. DENSITY, 1' THWC �. �.�._..._, EXISTING aIma1ADE 4-T 0 0 0 0 (3149.2H) 0 OO � D O�O�O0OD 4 'OOlR0.F W ALLPB1fTAATEp O O O O HOPE DRAW TOE. SEE Q OD ° ° ° SPECISPECIFICATIONS. TIO O° O0 0° 90 GE°TORIIEFASRX O MND°TLD)33-TYPEI)ON 000, OQ O0 TDEBOTTOMANDSD]ES OF TTBNOI DRAIN TILE CLEA OLIT N0. TRENON DETAT. I� 9" PERPoRATED DRAINTILE 08.01 NTSURFACING WEAR CCU }• NOTE: TMM TNICR SEE SPECIFICATIONS FONT 1. OMTMCTgR TO STAKE AA.EAS OF SAFETY SRINFN3IG AND PLAYGROUND CURB LOCATIONS FOR PRDOUCT AND C OLORINPORMATION. � APPROVAL 2.CONTRACTORTO PROVIDE SPFIDTCATIONS FOR SAFETY SJRFACPK RASE COURSE AND SCHEDULE RESILIENT SURFACING BASE CC.RSE, Put FNI9ED GUIDE SDD OR OR AD1ACENT PAVING. SEE PAPS. FOR INSTALLATION FALL HEIGHT MATER IS 1Z ICY TYP NEOfORCEO mNG EDGER - EXPOSED E SURFACE SID - - SVAdK (SPECIFIED IX THICK) TO SE AS NON-ABRASIVE IS POSSIBLE, TOP SURFACE SHOULD BE LIGHT RADOM FINUH 6'TIRCN CONCRETE OCPF'fE RISE SMDOTN "CONE IT, SOr- SLOPE TOP OF C TO 6' At3G. pxcs COURSE, AS SPECFED DRAIN INTO CONTAINER AT 1 -I %. COMPACT TO 100 %STD. PROCTOR DENSITY. 3' RAIXUS, E KEPT FOR WHERE RAMP]O/OSTO CURB 2335 HlyMay96 W R PaA NN SSL13 SLOPE TO DRAIN AS INDICATED ON PL N YARffi -SEE ENGINEEREDWOOD PLAY GRADING PIL 014369500 1- W14W1311 _. PLAN SURFACE MATERIAL MTN 12' •� FINISHED GRADE o (2) AA OQRT RFBI6L 2 MIN. COVER COMPRESSED DEPTH. SEE WOL02 .,5, eanxlECau ... FAG HIND FORM MRS �i J J I DE '.... 7�` DEPTH LURK MIST ENTINDTO DEPTM D P COMPACTED SUBGRAOE a)mRACT®SUBBIADE� I I I 3' 9• III ------ ---- -- IaS M R E p pp VARIES (SEE RAN) MATERIAL ]]DINT MATERIAL AT 30 Fr. INTERVALS B SYNTHETIC -1 BIT SURFACING A PROVIDE A SMOOTH CONNECTION BETWEEN TOP OF CURB xmroROLE AND CONCRETE RAW INTO CONTAINER. gE�6 , FINISHED CRIADB / ' ^ PLAYGROUND CURB a:... ES WOOD PLAY SURFACE MATERIAL. IT 1IJT ro5IXIE �� € Y Y 2 PR F ///��ENGINEEIIED / MINIMUM. INSTALL AND COMPACT PER ]3,3T !r y MANUFACTURERS Dmucnam DO NOT PLACE SURFACE NATERVL UNTIL EXCAVATED DEPTH AS TEENMPROAFDBY LANDSCAPE ARCHITECT. �IIT1 W x 0'x2' PAYGROUND MATFR=DED SY SUR IN NT PER , � N .. DYNE3USHDON. SEE SPECIFICATIONS. RACE UNDER Si WB URD ERDIWRIRSO SWINGS ANDSLIDEEITS. PV(EYBEOWTXPOF ..,� INSTRUCTIONS I 23r ,-T-�, .•- =- � -y A :. - WODD MULCM(SANDINSWNGODWAU BR), GBDTEXILLE FABUC AS SPECIFIED r NOTE: REFERIO SPECIFlGDONS RNC SURFACE MII7ERVL B45E -' SAND GI 46.5 � �• - > QIW AS TREY MAY VARY DEPENONSON PILL HFJOIf. COMPACTED SUBGRADE gill Z � m a ^ .fT1E5 l' a `PLAY �UIPMENT SURFACING - ENGNEERED WOOD FIBER RESLIENTSURFACINGWSMWURg S' DO NOT FORM RADII AT THICK - N OTES: 1 - ' RESILIENT SURFACING ROUE COURSE, RAMP LANDING iHICNESS ACCORDING 70 FALL HEIGHT I]R TO Pt01IDESNW DRAWINGS FOR `4 CONCRETE RENCN ATTAOIMFNTS AND PR/RBlGFGAPFROVAL W,+IN PER Z SPEC RIMMO S BY LANDSCAPE ARCHITECT. LAYOUT PLAN u DISTANCE VASES SEE SPECETCATIWS FOR MANLA'ALNAIFA AM MDDEL Z SEE PLAN A' TAU]( REINFORCED CONCRETE STAINLESS STEEL ANCHORS AND PANT TO MATCH BENCH COLOR u ��USEE r LIENOH xm ro xAIE COP W CUB ENGINEERED WOOD SUtFACI: MATERIAL MIN. IT OEIflN MAIL 1 N• -51�� T.47" A .r r r t �1 iCf y4 C Y iY`r t _ :' - 1 � NOTE I.CCNRTRACPOR TO V8G1'ALL EXISTING SPOT GRAOBNPLAYGRWND ALFA PoR VERIFICATION 1fi• Y AGG BASE COURSE, CNMPLTTO NOD% 2. CONCRETE RAMP IS DESIGNED TO EXTEND A MINIMUM OF 3' RELOW THE TOP SURFACE OFTHE SID. PROCTOR DENSITY. ENGIN @RED WOOD FIBER MULCH BEFORE TRMRSDIONUIIG DOWN TO THE BASE COARSE. RAMP MUST TIBO®( DAMP Tb S' AT DOWEL CONNECTION NOT POSE A TROUPING WARD OR FAIL TO PROVIDE AN ACCESS IM ROUTE INTO THE PAY ECRWMENT REK X3 STN RMN'S TIRE COMPACTED SUBGRAOE QC SW NONCE EH CONTAINER — RAMP(TYPJ _ \ I� LCONCRETE RAMP (PLAY EQUIPMENT CONTAINER) ce.o7 7, m • Better playgrounds. Proudly prrsi�ntzd b,i,;: Better world.m Chris DesRoches landscape structures playisixom I�' I kef 7, m • Better playgrounds. Proudly prrsi�ntzd b,i,;: Better world.m Chris DesRoches landscape structures playisixom ' 1-oudly preswrtF a bv: ,'1.. t2-11 utter playgrounds, , � Better world.`" Chris DesRoches landscape � � - ` structure <••� �' playlsi.cam flagship r reation t wh ■ - z Better playgrounds. .. t;7- .� Better worici."' Chris DesRoches r� e � i, s flagshiia s playisi.com recreation. �i� L � )- 1 N - 5 Master Plan Nature Play Design Principles Balance Logs - Shape child size spaces with enough detail Brush Building to inspire creative play, but not enough to predetermine experiences Water Pump - 2 hand pumps - Use natural materials when possible: stone, - Accessible water sand, wood mulch, plants and logs table /water fall - Incorporate ground level sensory play: sand Stumps tables, water play, art tables and musical areas. Provide an accessible route to sensory elements. Picnic Area - 2 tables and grills - Provide learning opportunities, such as outdoor - 1 accessible table classrooms, native plants, habitat areas and grill - Create a play environment that constantly Activity Tables changes through the seasons and over time. Invite community Interaction, such as a garden feature or public art. Concrete River - Protect existing trees with boulders, stumps, logs Sand Table and plants - Use a variety of low maintenance, hardy plants Musical Play that may be "harvested" - Use surfacing and spacing appropriate for elevated play, such as sand or wood mulch around Footbridge and elevated boulders and logs Boulder Crossing - ..,, Boulder Play Playhouse - Accessible "house" fronts concrete river Rain Garden Playground Entrance and Bridge 4rea Zing ion (typ) erns Id :hes igs (typ') eceptacle Lot Buffer Civic Park Community Playground` New Hope, Minnesota - Rantec Master Plan Element Key Concrete River - A simple or elaborate runnel allows for :' /JAI interactive play withr Art Table flowing water. Cast �� ,�- • ` , + , >� ,` - Painting window or chalk in bouldem, fossils, mural station foot a le garden ard a n d e i �.. ` a drain outlet 5 I II r r . Footbridge 6, jr Cross concrete river r rc Y Playhouse Council Ring Habitat Area - Accessible "house" may be manufactured or custom - Classic circular seating forms an outdoor classroom - Provide plants that attract designed. The playhouse location fronts concrete river birds and butterflies. and is adjacent to several outdoor rooms. Hang birdfeeders and houses. Innovative custom Balance Logs: manufactured equipment can Sand Tables - Real or manufactured incorporate real habitat. - Pre -made or log jumping path tests custom accessible d ttr iii 9 , balance and provides an c tables obstacle course. Use O r r hollow logs to allow for several routes. I *r Stumps Real or manufactured Fallen Lags stumps provide pathways Real or manufactured through plant masses and link logs with some branches spaces Boulder Play or tree roots create a Monarch Waystation - Place boulders to form furniture, shape natural jungle gym - Plant a mix of plants that attract monarch butterflies spaces and allow for jumping from rock to for a certifiable garden area rock Brush Building - Allow fort building Musical Play With longer sticks standing music w such as the music fence T� by the Natural r _ Play grounds Water Pump company y accessible water table �• .. � � ,. p ps ,- Y yr — and are the source for the w -4 _ .:_ �z ►' "� concrete river VI&R Civic Park Community Playground New Hope, Minnesota J & land structruresc August 30, 2012 City of New Hope Susan Radar, Director of Parks and Recreation 4401 Xy Ion Avenue North New Hope, MN 55428 Dear Ms. Radar, Enclosed are the 2 copies of the contract for the playground equipment for Civic Center Park. Per email communication between Steve Ellingson with the City of New Hope and Suzzanne Carter with Flagship Recreation, I have made some changes to the contracts. The changes are: • Changed the contractor from Flagship Recreation to Landscape Structures Inc. • Payment terms are net 30 days from invoice date • Added Landscape Structures to receive notices. Chris DesRoches with Flagship Recreation will remain the project manager. Plcase initial the changes and forward a copy back to my attention. Landscape Structures Inc. ` Attn: Elaine Harkess 601 7 Street S. 0 ) - 7 -1 Delano, MN 55328 Thank you for your assistance. Regards, Elaine Harkess Contract Administrator Enclosures ., .. c. _ 7; , i? a•.�' .. i , ' 1 .: Tel .,.` 7?.. 3'D- 1 88 8 4F U N ,1, r 7,6 7. +72. ; -. r, aayI �i :coiIi ADO ® k___ CERTIFICATE OF LIABILITY INSURANCE DAT 01112=012 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 he 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 AOn Risk Services Central, Inc. Minneapolis MN Office 5600 west 83rd street 8200 Tower, suite 1100 Minneapolis MN 55437 USA CONTACT NAME: jAlc No. EXt►: (866) 283 -7122 (AN- No.: (847) 953 -5390 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC S INSURED INSURER A zurich American Ins Co 16535 Landscape structures, Inc. 601 7th street South Delano MN 55328 USA INSURER B: United States Fire Insurance CO. 21113 INSURER C: ACE American Insurance Company 22667 INSURER D: INSURER E: INSURER F: _fEa BODILY INJURY ( Per person) COVERAGES CERTIFICATE N UMBER: 57004 7346889 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. Limits shown are as requested LTR TYPE OF WSURANCE INSR WVD POLICY NUMBER MMIDD LIMBS MMIDD C GENERAL LIABILITY PMIGZ3860971005 1167W= EACH OCCURRENCE $2,000,000 SIR applies per policy terns & conditions DAMAGE -0 T-ED $50,000 X COMMERCIAL GENERAL LIABILITY PREMISES Me occurrence CLAIMS -MADE X❑ OCCUR MED EXP (Any one person) Excluded X BFPD Incl. PERSONAL 8 ADV INJURY $2,000,005 GENERAL AGGREGATE $4,000,000 X Bkt Contractual Incl GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $4,000,000 POLICY ,' PRO LOC IJECI F1 A AUTOMOBILE LIABILITY PRA 9138002 -06 06/01/2012 06/01/20131 COMBINED SINGLE LIMIT accident $1,000,000 _fEa BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUT03 P HIRED AUTOS NON -OWNED eraccideM AUTOS XI Camp Ded $500 X Collision Detl $500 UMBRELLA -As OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS -MADE DEO RETENTION B WORKERS COMPENSATION AND 4087044198 Ofi IT2012 06/01/2013 WC STATU- OTH- X TORY LIMBS EMPLOYERS'LWBILITY YIN E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR I PARTNER I EXECUiNE OFFICER/MEMBER EXCLUDED? (Mandatory n NH) N / A E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of New Hope is included as Additional Insured on General Liability policy as respects their interest in the operations of Landscape Structures Inc. regarding the Supply and Installation of Play Equipment at Civic Center Park, New Hope, MN. General Liability policy evidenced herein is Primary and Non- contributory to other insurance available to the City of New Hope, but only to the extent required by written contract with the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of New Hope AUTHORIZED REPRESENTATIVE 4401 xylon Avenue New Hope MN 55428 USA ©1988 -2010 ACORD CORPORATION. All rights reserved. !mil ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD MEN CITY OF NEW HOPE dk� CONTRACT WITH J41.tA6 l CZLPe' ! �d -e4 34' -FLA FOR THE SUPPLY AND INSTALATION OF PLAY EQUIPMENT AT CIVIC CENTER PARK For valuable consideration as set forth below, this contract dated the 23rd day of July, 2012, is made and signed by the City of New Hope (hereinafter "City ") and -FI (hereinafter "Contractor"). 4- Lay. -6fyu..et� Tine- 1. CONTRACT DOCUMENTS �.._ The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in Exhibit A (Plans and Specifications). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $80,590.00 dollars (eighty thousand five hundred ninety), payable in accordance with the payment terms of t _ to nGf b � 04 1 r ^- 1, V0 C& 6aA-6. �f Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 1 st day of November, 2012. Total amount of this contract shall not exceed $80,590.00. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 1 day of November, 2012 (hereinafter "Completion Date "). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right -of -ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7, INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or Wherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Lano (V 6 NOTICE 10©1 . Tct . 6. , ©GIGuwO, f14 A�4-n = �c+d rw 1.4A.rk�� ► 'l � 3 — qua -3'3� l The address and telephone number of the Contractor for purposes of giving noticeUnd any other purpose under this contract shall be Chris DesRoches, Flagship Recreation, 5607 Cedar Lake Road St. Louis Park, MN 55416 (877) 550 -7680. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Susan Rader, Director of Parks and Recreation 4401 Xylon Avenue North, MN 55428 (763) 531 -5152. Contract Page 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE B y u Its By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this 3 day of 2012, 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. ) VALERIE LEONE PMIC- MINN ESOTA Nota PubIIC IWan Expres Jan. 31, 2015 Notary Contract Page 4 CONTRACTOR By I. Its Representative STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPM W r1 0 ' ) The foregoing was acknowledged be fore me , 201 , by this 50 day of on behalf of r v k 6 a landscape st ructures - QUOTE CONTACT: Please zn0w PO's & contracts out to: PHONE. Landscape Sti ucturee, Inc. PAX: 601 7th Strecet Buuth ^ � g�.ltSAll. Delrno, itlN 55323 SEW TO: _ Please Advise Please remit pag:ment to: Landscape Stractures, Inc. SDS 12 -0395 PO Box Z16 Minneapolis, MN 55486 -0395 BI TO: Please Adv ises i3s..:.e: July 16 2012 WP rirr nL - , nand to snihrtit this nrnnos t o aunuly the fallat rim, ite zt::: Project Name: Civic Park New 7iop% MN Osrizinal J'ob#: QTY � ITEM NO ~ -- f T - DESCIZ UNIT PRICE EXTENDED AMT 1 M ain Eid- Drawin® :? 59442 3 -2 $ 65,480.00 Inrludt%: EVOS, Playshaper, Swings, (2) saddle spinners and Triple Orbiter p 1 7 Panel Mobius Clim%er w/ Install x;13,760.00 � w 13,760.00 StFte Co ntract P- 949(5) I State Contract ,'✓icing Applied: Contract 9 •44944 i nata 2�ct : In cr : of the equipment will be con►pl<.2ed within 10 working days -of prepared site. Terms: Net 30 Days. SCGfrA?%M t7ELO WACCEMNO T.FHM PROPOSAL WILL CONS7nUrm A PURCHASE ORDER ONLY APONArMOVAL BYFLAGS" RBMM T1OK LLC CEWVMFR Fmigla $350.00 _ RECWT OF AN ORDER AC-CKOKEMEWNT LrDIe>S77PV799 -WH, PPROV1 Subtotrat[ $C'0,590. _ Date AC:CEPTtb BV C"L'RMMER A Ap FG1- ,Ab1t TwJ Included Abovc This proposal is prezenied by Irstanatio, Included Above 5607 Ceder :.u',e Rd 9 St Louis FLA MK 55416 7 Dil l:. ( ,� 3 F'IRiSjCa�� 7635507860 763550'7364 Prices are ;rood till 12 -31 -2012 WW� mil July 212, 2012 3tantec; Comid(Ing ServIcas Inc- 2.33S Mlhway 36 West S1. Paul AAA 561 13 To[: (65 1) 636-4600 F.= (351) 636-1311 Guy Johnson of New Hope 5550-0 - Int&rnalional Parkway New Hope, MN 55 Re: Civic Perk Corrimunitj f=lay AC a - Ap prove P and S pecifications Client projeci. No.: 000 Mantel-, Prole""I No.: Dear Guy: he plaric cnd specifications for the site innprcvenients at the Civic l=ark %Ourrimurifty ?1,9y Area have been prepared. and are ready it(') reNiew. he a nd ci P atedtotal cons-tructicii !, are $53,07 tbr site i m p rovem Ran Is. Pf j-ctremovals in(;Iude the existing piny contain-ar edge, removal of bituminous and concrete areas and French drain. CQnStWtjOr 1 - wurk f�-enoraTy includes a new play container curb, ramp, und(x(lrain, sub base, 1 1 play ".face, bittUrninous concrete wpzllk.�, vyn'thetic iasillent - Su"Jacm,"p 11 zwiriq 'a-nina'o"Mer, 4 n n ,rl,' bench. If Council chooz-,as to move forward with this nrra noprovel of plans and specifications arc: authorization to advertise for contractor bids could be g iven !von at the July 23rd Council rneating. th, ivied A to Council for QUOWS could tl�en be sent out on July '24 i*ec -d on Auqust O end brought ba review a the August 1 3 th meeting. Thy - WOfk UridSr this contract would be completed in the. late summer or early fall rnionihs. The 3 sheet Construction drawing set is bricluded In 1 0he Council pncklL'Ths cunrl ale lta con "�truction documunt- .are --available at Lily Hzill for review. If you have any que oi require fuilhw info nistion please call me at (55'Q 937 ince•ely, T.A NT E C Kate M. Lwriers, P.L.A. I-Firidscaps Architt3CL' Attachniants: Ooristrtxllion Dra%Aigs - 8 sheets CC: Joinii Blalssi; , S'L Ellftsun - Nlew Hope; Chds Long - Strintac. f Nllo z'� R ss � e�Q SXMC.% Inand i;3i:)gw0 xmu A:44W1.iv ALO 11 0JOhMO NOU' V S:46',d N3EwXw AM b3MGWr), 1-:3G4vS 11903-WIDW= 112*11M3MIDWIM ljolkvw urn ;esanu MXLAIGI[ mtivwmw ZTOZ MAJ NVSrS mr! �SNMJSITfifv)o 31wwll - NHM NRYWIt! IP-LV-,i -;Es ativ 38VAV]d kUNnwwo3 N`Wd -DIAD 26CH tvoN =!n 'Um 0 ? ay N �AXZ 1�,W am 'mr..'.um Kk� 2. 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MIN w 41*1 rmlln.;Xll X UK 4,2- i?H'Rt��W.?i: W;iSr..K115<'.9��.>� ;}.•�. a,- __..,.// M pw A% A m., j Irf§ES• "m *tW �VwaLw , W�Awo lilr� it �VwaLw , W�Awo lilr� COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Parks and Recreation August 13, 2012 Plannin Item No. By: Susan Rader, P &R Director By: Kirk McDonald, City Manager 8.1 Resolution awarding low quote of $69,863 for playground site work of Civic Center Park to Hoffman & McNamara Co. (improvement project #900) Requested Action Staff requests approval of a resolution awarding a contract for site work of Civic Center Park playground (improvement project #900) to the lowest responsible quote, Hoffman & McNamara Co., in the amount of $69,863. The site work includes removal of the existing container, grading of site, removal of French drain, drain tile, connection to storm water, wood fiber surface, accessible matting and all bituminous and concrete work. Staff would handle the removal of the existing equipment and sand. The engineer's estimate for the bid was $53,074 plus a $10,000 contingency, so the low quote is $16,789 over the estimate. The city engineer will be present to answer questions. Background The playground equipment at Civic Center Park is currently the oldest equipment in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. In early 2012, a planning committee was formed with CAC members, a Planning Commission member, city engineers and city staff who met a number of times to study the best type of equipment to recommend and develop plans that would meet the park needs and compliment the City Center vision. On February 27, 2012, the City Council authorized the preparation of plans and specs. Two playground vendors were requested to create two plans and present them to the committee for consideration. Following the presentation of plans, the committee members gave input regarding the plan that they would most like to see implemented. On June 11, 2012 an informational meeting was held for f1he neighborhood to share the preferred plan. On July 23, 2012 the City Council approved the plans and specifications for the project and authorized the purchase and installation of the equipment through Flagship Recreation, who is on the state bid list. On July 23, the Council also authorized the advertisement of quotes for the site work for this project. Motion by Second by �. To: I: \RFA \P &R \PARKS \2012 \R -900 Civic Playground Authorize Site Wofk.docx Request for Action August 13, 2012 Page 2 The city engineer solicited quotes from 10 firms and received only two quotes as follows: Company Ouote Hoffman & McNamara Co. $69,863.00 Dunaway Construction $83,016.00 The city has not had any direct experience with Hoffman & McNamara Co. The city engineer did receive a positive reference from Flagship Recreation, the supplier of the Landscape Structures equipment that the city is purchasing. Flagship Recreation has worked on several projects with Hoffman & McNamara Co. When the non - responding firms were contacted regarding not submitting a quote, many cited they are too busy and do not have the time to do the project. Another reason provided was that the project was not large enough. Recommendation Due to the fact that the playground equipment portion of this project has already been approved, it is the recommendation of staff that the City Council award the low quote for this site work project. Discussion has taken place between staff and the city engineer regarding the option of waiting until spring and asking for new quotes to see if it is possible to reduce the site work costs. Consensus was to recommend proceeding with the current quotes as there are no guarantees that we would receive more favorable quotes in the spring and that costs could possibly increase. In addition, the equipment has been ordered and set for fall installation. Funding This project is included in the 2012 CIP and the 2012 Park Infrastructure budget as shared with the Council during 2011 and 2012 CIP planning and 2012 budget meetings. The total cost of the project was originally estimated by the city engineer at $150,000, plus an additional $10,114 for bituminous path and concrete apron work used from the Park Infrastructure Fund. In the 2012 CIP, $20,000 was budgeted for pathway maintenance. Currently, the full $20,000 remains for that line item. With the higher than expected quotes for the site work, the additional project cost of $16,789 could covered by using the remaining $9,886 from the pathway maintenance portion of the 2012 CIP and $6,903 from the contingency money. This would give the project a remaining contingency amount of $3,097.. I: \ RFA \ P &R\ PARKS \ 2012\ R -900 Civic Playground Authorize Site Work. docx Request for Action August 13, 2012 Page 3 The cost breakdown of the project: -The total estimate of the container /miscellaneous and the path /concrete apron work totals $53,074 *For the projected column, the container /miscellaneous and path /concrete apron totals were combined since they were combined in the quote. All funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments The engineer's memorandum, copy of the quote tabulations, and the resolution awarding the contract are attached. I: \RFA \P &R \PARKS \2012 \R -900 Civic Playground Authorize Site Work.docX Estimate Projected Equipment and Installation $80,590 $80,590 Container /Miscellaneous $42,960 $69,863* Contingency $10,000 $3,097 Engineering $16,450 $16,450 Sub Total $150,000 $170,000 Path/Concrete apron work $10,114 *combined with container /misc. Total $160,114 $170,000 Pending addition of Super Nova + 8,505 -The total estimate of the container /miscellaneous and the path /concrete apron work totals $53,074 *For the projected column, the container /miscellaneous and path /concrete apron totals were combined since they were combined in the quote. All funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments The engineer's memorandum, copy of the quote tabulations, and the resolution awarding the contract are attached. I: \RFA \P &R \PARKS \2012 \R -900 Civic Playground Authorize Site Work.docX City of New Hope Resolution No. 12- 219 Resolution awarding low quote of $69,863 for playground site work of Civic Center Park to Hoffman & McNamara Co. (improvement project #900) WHEREAS, the city requires the assistance of a contractor in completing playground site work improvements to Civic Center Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work, and, WHEREAS, the request for quotes for construction of the Civic Center Park playground site improvement project was sent to ten local companies; and, WHEREAS, the quote from Hoffman & McNamara Co. in the amount of $69,863 for the site improvements of Civic Center Park is the lowest responsible quote submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to Hoffman & McNamara Co.. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota authorize entering into a contract for the playground site work improvements at Civic Center Park w iut Hoffman & McNam Co. for $69,863. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of August, 2012. Mayor Attest: &t City Clerk I: \RFA \P&R \PARKS \2012 \R -900 Civic Playground Authorize Site Work.docX 3 Stand c August 13, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North, New Hope, MN 55428 Re: Civic Center Park Play Area Improvements Project City Project No. 900 Project No. 193802183 Bid Results Dear Honorable Mayor Hemken and City Council: Bids were opened for the Project stated above on August 6, 2012. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 2 Bids. The following summarizes the results of the Bids received: Contractor rota/ Base Bid Low Hoffman & McNamara $69,863 #2 Dunaway Construction Inc. $83,016 The low Bidder on the Project was Hoffman & McNamara with a Total Base Bid Amount of $69,830. This compares to the Engineer's Estimate of $63,000. These Bids have been reviewed and found to be in order. The Total Base Bid Amount was above the original estimate and we are reviewing options with City Staff to reduce the overall project cost. Requests for quotes were sent to 10 contractors, and only 2 bids were received. After reviewing the low bidder response with the contractors, many acknowledged their busy workload and inability to complete the project work within the project timeframe. If the City Council wishes to award the Project to the low Bidder, then Hoffman & McNamara should be awarded the Project on the Total Base Bid Amount of $69,863. Should you have any questions, please feel free to contact me at 651 - 967 -4534. Sincerely, STANTEC CONSULTING SERVICES INC. Katherine M. Lamers Project Manager, ASLA Enclosure tiM Project Name: CIV CENTER PARK COMMUNITY PLAY AREA IMPROVEMENTS Ihereby certify that this & an exact ofbkfsre ieproduction Client Project No.: 900 Project Na.: 193802183 sunkK Bid Opening: Mon day, August 6, 2012, at 10 A.M., CDT Owner: City of New Hope �Jf Katl7erhv M. Lamers L.kense No. 44740 193802183gr xkm BT-1 Bidder No.1 Bidder No. 2 uZUOTE TABULATION Hoffman & McNamara Co. Dunaway Construction Item N Item U nits Qtv Unit Price Total Unit Price 1 BASE QUOTE 1 MOBILIZATION S 1 $6,400.00 $6,400.00 $8,000.00 $8,0( 2 SITE GRADING S 1 $6,400.00 $6,400.00 $19,000.00 $19,0( 3 REMOVE MODULAR PLAY EQUIPMENT CONTAINI S 1 $3,400.00 $3,400.00 $1,000.00 $f 4 REMOVE BITUMINOUS TRAIL SY 180 $4.50 $810.00 $5.00 $9( 5 REMOVE CONCRETE WALK SY 83 $8.00 $664.00 $8.00 $6( 6 REMOVE 55 GALLON DRUM FRENCH DRAIN LS 1 $150.00 $150.00 $300.00 $3( 7 REMOVAL EXISTING BENCH EA 1 $150.00 $150.00 $300.00 $3( 8 4" PERFORATED DRAINTILE LF 160 $15.25 $2,440.00 $12.00 $1,9: 9 4" NON PERFORATED STORM SEWER LF 125 $12.00 $1,500.00 $8.00 $1,0( 10 CORE DRILL CONNECTION TO EXISTING CATCH EA 1 $570.00 $570.00 $500.00 $5( 11 BITUMINOUS TRAIL SY 201 $36.00 $7,236.00 $27.00 $5,4: 12 4" CONCRETE WALK SF 800 $8.50 $6,800.00 $6.25 $5,0( 13 CONCRETE Rf•,MP EA 1 $513.00 $513.00 $500.00 $5( 14 CONCRETE PLAYGROUND CURB LF 250 $39.00 $9,750.00 $35.00 $8,7! 15 SYNTHETIC RESILIENT SURFACING SF 325 $29.00 $9,425.00 $24.00 $7,8( 16 ENGINEERED WOOD FIBER CY 34 $75.00 $2,550.00 $100.00 $3,4( 17 PLAYGROUND MATS EA 6 $425.00 $2,550.00 $600.00 $3,6( 18 PLACEMENT OF SAND LS 1 $1,600.00 $1,600.00 $5,000.00 $5 19 GEOTE)MLE FABRIC SY 500 $3.00 $1,500.00 $2.00 $1,0( 20 SODDING, LAWN TYPE SY 365 $8.00 $2,920.00 $12.00 $4,31 21 BIOLOG LF 315 $3.00 $945.00 $5.00 $1,5; 22 PROTECTION OF CATCH BASIN, STREET EA 1 $490.00 $490.00 $500.00 $5( 23 & BENCH EA 1 $1,100.00 $1,100.00 $2,500.00 $2,5( TOTAL ALTERNATE NO. 1- VALVE REPLACEMENT $69,863.00 $83,01 Contractor Name and Address: Hoffman & McNamara Co. Dunaway Construction 9045 180th Street East 17149 Notre Dame St. Hastings, MN 55033 Forest Lake, MN 55025 Phone: 651 -437 -9463 651- 464-1985 Fax 651 -437 -9050 651- 4641985 Signed By: Mike McNamara Kevin Dunaway Title: President President Bid Security: Bid Bond Bid Bond 193802183gr xkm BT-1 August 16, 2012 Stantec Consuiting Services inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Mr. Mike McNamara Hoffman & McNamara Company 9045 180 Street E. Hastings, MN 55033 Re: City of New Hope, Minnesota Civic Center Park Community Play Area Improvements Project City Project No. 900 Stantec Project No. 193802183 Notice of Award /Contract Documents Dear Mr. McNamara: You are notified that your Bid dated August 6, 2012 for the above - referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $69,863.00 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443 -1999 After the necessary officials have signed the Contracts, the New Hope will distribute the Contracts as follows: 2 copies Hoffman & McNamara Company (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Kate Lamers Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, and resolution of any pre- construction issues discussed at the conference with you and the City of New Hope, you will receive a notice to proceed. Sincerely, STANTEC CONSULTING SERVICES INC. Katherine M. Lamers, ASLA. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney eTENSEN SONDRALL & PERSELLIN, P.A. AMANDA M.FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P.PERSELLIN = ' 3 STEPHEN M. RINGQUIST STEVEN A. SONDRALL Real Property Law Specialist Cer*.ified By The Minnesota State Bar Association 2 Admitted in Iowa Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811$ TELEFAx (763) 493 -5193 writer's e-mail - sas @jspattorneys.com August 21, 2012 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Park - Play Area Improvements City Project N.: 900 Our File No.: 99.10030 Dear Val: personal delivery Enclosed please find four copies of the contract, payment and performance bonds and Certificate of Insurance for the Civic Center Park Play Area Improvement I received from Hoffman & McNamara Co. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Susan Rader, Park and Rec. Director P:Wttome3',SAS\1 Client Filesl City ofNe i Hope \99 -10030 (Public Works general)U.eone Itr Civic Center Park Imp.( 900).doc August 23, 2012 Mr. Mike McNamara Hoffman & McNamara Company 9045180 Street E. Hastings, MN 55033 SUBJECT: Civic Center Park Play Area Improvements — Project 900 At its meeting of August 13, 2012, the New Hope City Council approved the contract with your company for project no. 900 for $69,863. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC -134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Katherine Lamers at Stantec at 651- 636 -4600 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: S. Rader, director of parks and recreation K. Lamers, Stantec CITY OF NEW DOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428 -4898 • www. ci.new- hope.mn.us City Hall: 763- 531 -5100 -1 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 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Hoffman & McNamara Business): 9045 180th Street E Liberty Mutual Insurance Company Hastings, MN 55033 -9532 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 OWNER (Name and Address): City of New Hope, City Hall 4401 Xylon Ave North CONTRACT New Hope, MN 55428 Effective Date of Agreement: Au 16, 2012 Amount: $69,863.00 Description (Name and Location): civic Center Park Community Play Area Improvements Project #193802183 BOND Bond Number: 190025306 Date (Not earlier than Effective Date of Agreement): August 16, 2012 Amount: $69.863.00 Modifications to this Bond Form: N/A Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL ,`' �A (Seal) CoCo tiactor's Name and Corporate Seal By: By: Signature ► �•Pi 1M� lJ(�y'hiD�1 - dam. Print Name SURETY Liberty Mutual Insurance Company _ (Seal) Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Jeri M Frederick Print Name Title 1 Attest: lgnature 4 Vp Title Attorney -in -Fact Title Attest: i ' ,J Signa r Risk Management Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Pace I of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with - Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance. as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 006113.16 Page 3of3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last f n materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. S. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.23, 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 Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, .which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 3 of CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF DAKOTA On this 16th day of August, 2012 before me personally appeared Kik� MACt aw to me known, who being by me duly sworn, that he /she is the UP.I1t of the Hoffman & McNamara Company the corporation described in and which executed the foregoing instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he /she signed his /her name thereto by like order. Lisa A. McDowell Notary Public U tut A "Ymx NOTARY PUBLIC (Notary Seal ) State of Minnesota � rY C=M*WW 1 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 16th day of August, 2012 before me appeared Jeri M. Frederick to be known, who being by me duly sworn, did say that she is the aforesaid Attorney -in -Fact of the Liberty Mutual Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, 0. p__________(Notary S(Val) STEP ANIE Y. JEIWETT r�rca�ac��,�mu THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND 5154974 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OFATTORNEY KNOW ALL PERSONS BY THESE PRESENTS. That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL B. BAUMANN, TONY D. BECKER, JERI M. FREDERICK, DAVID J. HOWARD, JENNIFER J. SAYLOR, CRAIG P. BRANDEEN, CAROL A. WEBER, ALL OF THE CITY OF BLOOMINGTON, STATEOF MINNESOTA ............................................................................................................................. ............................... .......................................... ............................... , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY MILLION AND 00/ 100**----- " DOLLARS ($ 70, 000, 000.00* **°•** ***** * *** *• *" ** * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents. shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons That this power is made and executed pursuant to and by authority of the following By -law and Authorization-. H CL a 1� Y d dcr, v as O L > cc dj — 't3 O� O o *; cL 0d I t E 13 O ` Z 0 ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings 9 Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the 'O chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, H execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys- C in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and . execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if � signed by the president and attested by the secretary. � By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact. Pursuant to Article XI II, Section 5 of the By -Laws David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds. recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 7th day of February 2012 -, LIBERTY MUTUAL INSURANCE COMPANY 0 `4 3 By ) " , ` David M Carey, fiCsistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 7th day of February 1 2012 , before me, a Notary Public, personally came David M. Carey to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company, that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written f` seer - sa 3" 7�sww Pan r Yn, rscrEary Pump: ,w -' � ��, OF P 1rrY*ii� rxrw"! t"gywsr3 �H.d��C.yt /[/ My Cvrem%%W. Ext Mir_ 28, 2013 BY v4 . �V . '4a a11a.Zmw.' R0 We Teresa Pastella, Notary Public CERTIFICATE 1, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 1 6th day of AuQI]c;t 1 2 012 _ O RI v� d W C E 00 an Ov d C 3� CL n: wo ;= o 4a a; O= . O� d o d ' .�+ Go M c o� v� H r U �� 4 4: * * '" Gregory W. Davenport, Assistant Secretary PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Hoffman & McNamara Co 9045 180th St E Hastings, MN 55033 -9532 OWNER (Name and Address): City of New Hope, City Hall 4401 Xylon Ave North SURETY (Name, and Address of Principal Place of Business): Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 New Hope, I•IN 55428 CONTRACT Effective Date of Agreement: A ° 16, 2012 Amount: $69,863.00 Description (Name and Location): Civic Center Park Community Play Area Improvements Project #193802183 BOND Bond Number 190025306 Date (Not earlier than Effective Date of Agreement): August 16, 2012 Amount: $69,863.00 Modifications to this Bond Form: N/A Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Na W SURETY [AJ M t4N ,u�- (Seal) Liberty Mutual Insurance Company (Seal) a "7JLu Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: � Signature Signature (Attach Power of Attorney) Ki'KI M (ALAM, 71 Print Name Jeri M. Frederick Print Name Attorney -in -Fact Title 'Title , Attest: i JA , k Attest: ! 1� Signature ign ��b Risk Management Representative Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Hoffman & McNamara Cc 9045 180th St E Hastings, MN 55033 -9532 OWNER (Name and Address): City of New Hope, City Hall 4401 Xylon Ave North New Hope, MN 55428 CONTRACT Effective Date of Agreement: August Amount: $69,863.00 Description (Name and Location): SURETY (Name, and Address of Principal Place of Business): Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 16, 2012 Civic Center Park Community Play Area Improvements Project #193802183 BOND Bond Number: 190025306 Date (Not earlier than Effective Date of Agreement): August 16, 2012 Amount: $69,863.00 Modifications to this Bond Form: N/A Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL fAbf L A' WNaMa -W Co (soa�o Contractor's Name and Corporate Seal SURETY Liberty Mutual Insurance Company (Seal) Surety's Name and Corporate Seal By: G By r Signature Signature (Attac ower of Attorney) Print Name Print Name Y I lil 6u ` I Attorney -in -Fact Title � � `� � w /i Title IsJ 1(JJ Attest: Attest: vw, S ignature ignatu�e M Risk Management Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. Jeri M. Frederick EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page I of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, .that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. . Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify'Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 006113.13 Page Zof3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non - performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. I0. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled., reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified - on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMA UON ONLY — ( Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other2grt i EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Pase 3 of3 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF DAKOTA On this 16 day of August, 2012 before me personally appeared MIke,, to me known, who being by me duly sworn, that he /she is the PyN cuot of the Hoffman & McNamara Company the corporation described in and which executed the foregoing instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he /she signed his /her name thereto by like order. Lisa A. McDowell Notary Public Ug."a NOTARY PUBLIC (Notary Seal) State of Minninote My Corrrnit�lao �ao�as 1a ' ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 16th day of August, 2012 before me appeared Jeri M. Frederick to be known, who being by me duly sworn, did say that she is the aforesaid Attorney -in -Fact of the Liberty Mutual Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, (Notary Se I) STEPHANIE X JiIE;WETT _ WTAW ate IC- NugMMA VIA AM ARRO410 � i I�Catsr►ExpirM�.al��irw �t THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND 5154973 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL B. BAUMANN TONY D. BECKER, JERI M. FREDERICK, DAVID J. HOWARD, JENNIFER J. SAYLOR, CRAIG P. BRANDEEN, CAROL A. WEBER, ALL OF THE CITY OF BLOOMINGTON, STATEOF MINNESOTA ............ ..................................... -.. ................................................................................. ............... .................................................. ....... .................. ........ each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY MILLION AND 00h 00***"*** "* " DOLLARS ($ 70, 000, 000 .00**—* ************* * ******** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons That this power is made and zxecuted pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. cc Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the 'a • n chairman or the president may prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, N O execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- d C in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and C •p execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if .N U) signed by the president and attested by the secretary. c By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: � e � O Pursuant to Article XI II, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized :- o O to to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety v 1- ,F 0 any and all undertakings, bonds, recognizances and other surety obligations. W L. > That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. 00. d �0 Z Co *a IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Q Liberty M o'L Mut2aal Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 7th day of - February C L G L LIBERTY MUTUAL INSURANCE COMPANY C O r E ► /, o C �� ) t° m +�+ Phi? , a BY t o CM H - David M. Carey, Aesistant Secretary COMMONWEALTH OF PENNSYLVANIA ss a; COUNTY OF MONTGOMERY �+m O I: ai On this 7th day of February 2012 before me, a Notary Public, personally came DAyid M. Carey to me known, and •� `O acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company, that he knows the seal of said corporation, and that he executed >' the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said t 4ct* •- v corporation. e.. 00 0 IC IN TESTIMONY WHEREOFA slave hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year C first above written.` . . J NOW4 SOW 00 l{ G 7 - V0" F *sip s.. 1 fnc j {�� OF �'yanauth'1've,�., �F1Y Cn++t9' � O � MV Crx�rc * I E-1* 8% hear [{.2013 By 1•- r Sri mantes POOmw .rmAtIM410' ('krafws Teresa Pastella, Notary Public CERTIFICATE I, the undersigned Assistant'Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in W force and effect on the date of this certificate, and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 16 th day of August 2012 . ro * ' Gregory W. Davenport, Assistant Secretary CONTRAC pOCUMER!'I� Project Manual For Civic Center Park Community Play Area Improvements New Hope, Minnesota City Project No. 900 July 2012 °° a C01V Me Project No. 193802183 DOCUMENT 00 91 13 ADDENDUM A CIVIC CENTER PARK COMMUNITY PLAY AREA IMPROVEMENTS CITY PROJECT NO. 900 PROJECT NO. 193802183 NEW HOPE, MINNESOTA July 27, 2012 Number of Pages: 3 (includes this sheet) To: All Planholders of Record From: Stantec Consulting Ltd. 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636 -4600 — General Office (651) 967 -4534 — Kate Lamers, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo at Fax No. (651) 636 -1311, or emailing Kate Lamers (kate.lamers @stantec.com) as soon as you receive it. Company Name Date @ 2012 STANTEC 1193802183 ADDENDUM A 009113 -1 SECTION 3213 14 1. Add the following to 1.02.A.1. Grading, formwork, and two (2) protective rubber mats shall be incidental to concrete work. SECTION 32 92 00 1. Replace 2.01.A.1. with the following: Topsoil Borrow: Conforming to MnDOT Spec. 3877.2A, except as modified with the following. A. Material shall be screened and pulverized. DRAWING C0.00 1. Add the following note to Drawing C0.00: Existing manhole on the northeast corner of the bituminous to be removed is the 55 gallon drum French Drain. DRAWING C1.01 1. Add the attached Revised Drawing C1.01R to Drawing C1.01. A. As directed by Engineer in the field, adjust concrete grades to slope up to the existing warming house doorway. Maximum slope in any direction shall be 4.5 %. Form a 6' wide concrete trough to inset two (2) protective rubber mats (4'x 6'x 3 /4 ' D. The top of mats must be flush with the adjacent concrete edges, with a maximum 3%8" joint between the edge of the mat and adjacent concrete. The top of the mat must meet the FFE of the warming house and create an accessible entrance. Cut off excess mat to match edge of concrete walk. B. Protective rubber mats shall be Stamina recycled rubber mats by the following manufacturer, or approved equal: Becker Arena Products, Inc. 6611 West Highway 13 Savage, MN 55378 952 — 890 — 2692 www.beckerarena.com Mat Size: 4'x 6'x 3 /4" Mat Color: to be selected from manufacturer's standard colors ADDENDUM A © 2012 STANTEC 1193802183 009113-2 DRAWING 01.02 1. Revise Drawing C1.02 with the following revision: A. Delete the note "COLD JOINT BETWEEN NEW WALK AND EXISTING WARMING HOUSE FOUNDATION" B. Replace with note "EXPANSION JOINT BETWEEN NEW WALK AND EXISTING WARMING HOUSE FOUNDATION. SEE DETAIL A/C8.01 ". DRAWING C8.02 1. Add the following note to Detail C: A. Aggregate base course is not required below or behind concrete playground curb. For curb construction see Detail D /C8.02. LIST OF ATTACHMENTS 1. Drawing C1.01R. END OF DOCUMENT ADDENDUM A © 2012 STANTEC 1 193802183 009113-3 2JT0'T:) 1 I ' f / N , I / I , , �d= Z N m z 3 3 0 3 :a Z O �....PM.. ---- - - - - -- - --------- 'fit6 616 1 r ' s31ox � I .♦ ■ ` 3 ,66''`'H]711dF� 03633NpN3 Lfi'd' '1 •. ■ ]Ife✓J•3,{11f11039 �NY5 LIL,NN91d 1fIB r •. '3L;ielpw 519N {avm li�rp/ia3ldr ;' -� _ � pamiZy..ao TASN.MIW3 lvv d , ■ f. � Ta91/371V ` , O 111ONY3D 9I6•Aff �SD9Ib'Np. 3 �g .Y \``) ♦♦ aLN1YM0 1 V 3MAOMd i 1 se• T4 •d'M \ \ � '` � .. 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015NOTYd6fSJN3T14dN ]713H1MA5 MO1lYJAm 00 smoLuaN0] 013f3 aNV S5NIM a I II 3X1 N33M13N S3f31VdM1 d1M WMM3LJ]31.H]MV 3dY15 W�1N0.1 - 1Y1V31YW \ 3]Id■SlJld[>S3M M1.31LLNAS 9WL M m 3W" 313NON0].6 mm TTYLSM aw 3ave A1173Mtl0O OLM 3VdLM]3 JDMM96NOds3M3WLS 1M'9N1NdM5N3nf63tl 3LL:1U AS 1LL 3 JadOL3HLMd3W03MAD' Jd SNOLLYAM310d5'DNDY3MO5 ONUS 3N1 I DIM NMOa DNIdOS 39x3 a313A36 V 3AVH WY S3aYN9 aNYs d0 da11N37YMY 3X1 3MMV.[3M (ILL 03aNWHMN aN1]ViNfS 1NMIL53N MJ3NLMA5 MW SNOILVA31310d5 9 ]]vMt 50LL101NYdSW a3TT/JSM MMYMa 3AYH IDW S30a M3NIV.LN0] 9WIM5 9MJSIM3 3W1 'L 53LUMO73JOd53N MOU."MMom AO MMWM5300MIVJMVVWSNMLVDL40 ds3M - 1WUMD73LVMYd35VVMMn a3T1VJ5 .Mda1O3AVWHLYANNONkHM MJ731VKOVOMoLV013vd 10] I WMM3O3HLMA1I7 311LS[li '17YMlNO]S1H1 d01M'Yd SY mTnI15N1 38TIlMMUNIVW aWO30Ym3M36TIJMM3N1VLN0 ]1N3WdM3AYId 9N115 3W1 'T \ 910 \ 1 P \ 1 I 1 I PROFESSIONAL LANDSCAPE ARCHITECT 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. • y� �r 1 Katherine Moorman Lamers Date: July 23, 2012 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. f ►�tJ Christopher Long License # 44740 Date: July 23, 2012 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2012 Stantecl 193802183 00 01 05 - 1 • i 1 1 ', 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 Invitation for Quotes 0021 13 Instructions to Bidders 0041 10 Quote 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 (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 10 00 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 50 00 Temporary Facilities and Controls 0157 13 Temporary Erosion and Sediment Control 01 70 00 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 2 — Existing Conditions 0241 13 Selective Site Demolition Divisions 03 — 10 Not Used Division 11— Equipment 116813 Playground Equipment Division 12 — Furnishings 12 92 00 Site Furnishings Divisions 13 — 14 Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 23 00 Excavation and Fill TABLE OF CONTENTS © 2012 Stantec 1193802183 0001 10-1 Division 32 — Exterior Improvements 32 1123 Aggregate Base Courses 32 1201 Flexible Paving for Municipal Projects 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 92 00 Turfs and Grasses Division 33 — Utilities 33 05 05 Trenching and Backfilling 33 46 00 Subdrainage END OF SECTION TABLE OF CONTENTS © 2012 Stantec 1 193802183 0001 10-2 SECTION 00 11 13 i 11! 111 Ili 0 d I! • • 1 10111rely • Quotations are due at 10:00 AM, C.D.S.T., on Monday, August 6, 2012. Quotations shall be sent to Kate Lamers, the Project Manager, via email at kate.lamers@stantec.com or faxed to Kate Lamers at (651) 636 1311 to 2335 Highway 36 West, St. Paul, MN 55113. The Quotations are for the following: Civic Center Park Community Play Area Improvements In general, the Work is generally described as follows: removal of paving and former playground modular boundary, erosion control, grading, bituminous and concrete walks, underdrain, loose fill playground surfacing, poured in place playground surfacing, concrete playground curb and ramp, bench and concrete pad, sod. There are no alternates for this project. Direct inquiries to Project Manager, Kate Lamers at (651) 967 -4534. 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 Quotes, 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 INVITATION FOR QUOTES © 2012 Stantec 1 193802183 00 11 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 Invitation for Quotes 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 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 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. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Quote and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Quote Form requiring Bidder's representations and certifications. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13-1 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. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the 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. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13-2 4.06 It is the responsibility of each Bidder before submitting a Quote to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Quote that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Quote for performance of the Work at the price(s) Quote and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.07 The submission of a Quote will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Quote 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. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13 -3 ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by 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 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Quote must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Quote 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 Quote 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 Quote Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13-4 ARTICLE 11 - SUBSTITUTE AND `FOR- 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 Quote 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 Quote 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 Quote Form is included with the Bidding Documents. 13.02 All blanks on the Quote Form shall be completed in ink and the Quote Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Quote Form. A Quote price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Quote 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 Quote 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. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13-5 13.05 A Quote 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 Quote by an individual shall show the Bidder's name and official address. 13.07 A Quote by a joint venture shall be executed by each joint venturer in the manner indicated on the Quote 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 Quote shall contain an acknowledgment of receipt of all Addenda, the letters of which shall be filled in on the Quote Form. 13.10 Postal and e -mail addresses and telephone and fax numbers for communications regarding the Quote shall be shown. 13.11 The Quote 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 Quote Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Quote on a Bid Unit Price basis for each Bid Item of Work listed in the Quote Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Quotes shall be submitted no later than the date and time prescribed and as indicated in the Invitation for Quotes and shall include the Project title (and, if applicable, the designated portion of the Project for which the Quote is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Quote is sent by mail or other delivery system, the INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13-6 sealed envelope containing the Quote shall be enclosed in a separate package plainly marked on the outside with the notation `QUOTE ENCLOSED." A mailed Quote shall be addressed to Owner's office. 15.02 The Quote shall include the entire Document 00 41 10, Quote Form. This includes all attachments listed in Article 7.01 of the Quote Form and /or all forms included with the Quote 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 Quote may be modified or withdrawn by an appropriate document duly executed in the same manner that a Quote 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 Quote 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 Invitation for Quotes. An abstract of the amounts of the Base Quotes 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 Quote Form, but Owner may, in its sole discretion, release any Quote and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Quote. 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 Quote of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Quote 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 Quote 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 Quote 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 Quote 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 INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802183 0021 13 -7 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 Quote 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 © 2012 Stantec 1193802183 0021 13 -8 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 at[ 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 Letter Addendum Date duly 11, 1012. 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 lout Laws and Regulations that may affect cost, Progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been Identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been Identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. © 2012 Stantec 119380500 004110-1 BID FORM BIDDER: Stantec DOCUMENT 00 4110 QUOTE FORM CIVIC CENTER PARK COMMUNITY PLAY AREA IMPROVEMENTS CITY PROJECT NO. 900 STANTEC PROJECT NO. 193802183 NEW HOPE, MINNESOTA 2012 THIS BID IS SUBMITTED TO: City of New Hope City Hall 9901 Xylon Ave. N 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 at[ 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 Letter Addendum Date duly 11, 1012. 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 lout Laws and Regulations that may affect cost, Progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been Identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been Identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. © 2012 Stantec 119380500 004110-1 BID FORM F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, Information and observations obtained from visits to the Site, reports and drawings identified In the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to Indicate and convey understanding of all terms and 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. 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. 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 dear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is Intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work In accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions, Unit Prices have been computed in accordance with Paragraph 11.03.E 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. © 2012 Stantec 119380500 0041 10-2 BID FORM p 2012 Stantec 1 19380500 DO 41 10 - 3 BID FORM Item Units Qty Unit Price Total Price BASE BID; 1 MOBILIZATION LS 1 $ tlI $ G/ �� , 00 2 SITE GRADING LS 1 $ $ & q (g 00 3 REMOVE MODULAR PLAY EQUIPMENT CONTAIN LS 1 $ 00. 00 $ z' 00 4 REMOVE BITUMINOUS TRAIL SY 180 $ q 50 $ 0. p0 5 REMOVE CONCRETE WALK SY 83 $ 6. 00 $ . On 6 REMOVE 55 GALLON DRUM FRENCH DRAIN LS 1 $ 50, 00 $ j D, DC) 7 REMOVAL EXISTING BENCH EA 1 $ 50. O $ t 5o Qp 8 4" PERFORATED DRAINTILE LF 160 $ j 5 $ 44 Q • 00 9 4" NON PERFORATED STORM SEWER LF 125 $ $ t70 0 a 10 CORE DRILL CONNECTION TO EXISTING CATCH EA 1 $ 5 0o $ 5 11 BITUMINOUS TRAIL SY 201 $ � (.p. Do $ 1 0 12 4" CONCRETE WALK SF 800 $ �. 50 $ rn00D - 00 13 CONCRETE RAMP EA 1 $ 5 ( 3.00 $ 5 1 3, 0c) 14 CONCRETE PLAYGROUND CURB LF 250 $ 3q, D0 $ 9750.0 15 SYNTHETIC RESILIENT SURFACING SF 325 $ 9 1 00 $ f q) 5, U 16 ENGINEERED WOOD FIBER CY 34 $ $ • OU $ J550, 00 17 PLAYGROUND MATS EA 6 $ y 1 5, 01) $ a 5 50 . 0 0 18 PLACEMENT OF SAND LS 1 $ ( boo, 0 0 $ 1V 00, pQ 19 GEOTEXTILE FABRIC SY 500 $ 3, 00 $ 500. 00 20 SODDING, LAWN TYPE SY 365 $ �• Z70 $ d q ac • 00 21 BIOLOG LF 315 $ . 00 $ q q 5, 00 22 PROTECTION OF CATCH BASIN, STREET EA 1 $ � 3.00 ` "1 OQ $ 4q0. 00 23 6' BENCH EA 1 $ l 10 (1, 00 $ t i 00 , Do TOTAL - BASE BID $ t0q Vj 7 j, v o p 2012 Stantec 1 19380500 DO 41 10 - 3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07,E of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent, 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on _r 2012. If Bidder Is: An Individual O 2012 stantec 119380500 004110-4 gip FORM A Partnership Partnership Name:: _ By: Name (typed or printed): (Slgnatu�e of general partner) Business Street Address (No P.O. Box #`s): Phone No.: A Corporation Fax No.: Corporation Name: ] D F Fm q Gt YV►Q 1 r G( (�7 (SFAI) ND S L�A L State of Incorporation: M i n h C6 O f q Type (General Business, Professional, Service, Limited Liability): GLVN'Lz -- (Signature) Name (typed or printed): '" k I o cJ i � } a vv�c,m Title: ` m' I A — C n t Attest t�'e ln� �l i�`Ti� (CORPORATE EAL ( Signature of Corporate Secretary) N O S Business Street Address (No P.O. Box #'s): q 0 q s � � b T-1, }�1.a�� - 1�r�S MN 55033 Phone No.: (r; - H 37 " (6 3 Fax No.: 6 S t" 4 3 - 7 - 9 0 50 cp 2012 Stantec 1 19380500 004110-5 BID FORM A Joint Venture Joi t Venture Name: By: Name (typed or p ' ted): Title: Business address: EAR) (Signature of joint venture partner) Phone No.: Fax No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.. Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that Is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT © 2012 stantec l 14380500 004110-6 BID FORM F r_. Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 99462 -1644 Ph. (610) 832 -8240 r :• r Bond Number: N/A KNOW ALL MEN BY THESE PRESENTS, that we Hoffman & McNamara Company , as principal (the 'Principal'), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety "), are held and firmly bound unto City of New Hope, City Hall, 4401 Xylon Ave. N., New Hope, MN 55428 as obligee (the 'Oblige e"), in the penal sum of Five Percent (5 %) of Bid Amount. Dollars ($ --------- - - - --- ), 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 #: 193802183 Civic Center Park Community Play Area Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, 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, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum 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. In no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. 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 apply. DATED as of this 6th day of August 20 12 Hoffman & McNamara Company W ITNESS /ATTEST: By: (Se a l) Name: ��41 i �'�(Jf ftYY1lI {� NO LIBERTY MUTUAL INSURANCE COMPANY (Surety) B �' �° (Seal) eri M. Frede -In -Fact LMIC -5000 Rev. 3104 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA WA 20 +� On this 6th day of August, 2012 before me personally appeared NAi KrG to me known, who being by me duly sworn, that he /she is the Y��C af__ of the Hoffman & McNamara Company the corporation described in and which executed the foregoing instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he /she signed his /her name thereto by like order. Notary Public UW, NOTARY PUBLIC State of Minnesota ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 6th da of August, 2012 before me appeared Jeri M. Frederick to be known, who being by me duly sworn, did say that she is the aforesaid Attorney -in -Fact of the Liberty Mutual Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation, Notary Public, &'q qi W&kj (Notary Seal) .i ct,I"A THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND 5154962 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OFATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL B. BAUMANN, TONY D. BECKER, JERI M. FREDERICK, DAVID J. HOWARD, JENNIFER J. SAYLOR, CRAIG R BRANDEEN, CAROL A. WEBER, ALL OF THE CITY OF BLOOMINGTON, STATEOF MINNESOTA ......................................................................................................................................................................................................... ............. »................. „ ..................................................................................................................................................................................................... ............................... each Individually if there be more than one. named, its true and lawful attomey - €n -fact to meke, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations In the penal sum not exceeding SEVENTY MILLION AND 00/100...... •^ " • * •rk! *. ...,* ** •• * *•��t * :. :.t .. ... :...f I DOLLARS ($ 70, 000, 000.00'* . . * *.... • *x• *•... ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents, shall be as binding upon the Company . as if they had been duty signed by the president and, attested by the secretary of the Company in their own proper persons. : That this power is made and executed, pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the V chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, y execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- W in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as. binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attome PP ys -in -fact: � Pursuant to Article XIII, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby authorized — O to appoint such attorneys -in -fact as maybe necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety v any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. i E p IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Q M h Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 71h day of February O 4? C 5 LIBERTY MUTUAL INSURANCE COMPANY $ M C ° r <sa c a. M v cb" Bv N O n : David M. Carey, Afs ista nt Secretary w u COMMONWEALTH OF PENNSYLVANIA ss p p COUNTY OF MONTGOMERY On this 7th Q day of February 2012 ;before me, a Notary Public, personally came David M. Carey to me known, and '� acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed > J � n the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said c3 > corporation. co ! IN TESTIMONY WHEROfltvt ttnto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t,.`~ M t first above written. C °? to C e n�farrr s a %} O o 28 201 B y Co'nr S.. o n E x is t 3 >. 3 y N� tt��kr, P fi;y; :da �,c c, �f _; Teresa Pasteila, Notary Public.. CERTIFICATE +,. } 1'35 tit`s I, the undersigned, Assist refpL`�f L'i arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, t'in:. l =fotcs.and affect on the date of this certificate; and I do further certify that the officer or. official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney maybe signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this 6 th day of August 2012 . x fr Gregory W. Davenport, Assistant Secretary r D ♦ t ,' CE LI INSU I •� R . 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 CONTACT AliCe Celt NAME: Lawrence- Bohmbach PHONE (651)386-6716 AC No (651)388-8443 620 Main Street E-MAIL acelt @LBA enc com ADDRE S: g y' PO BOX 49 INSURERS AFFORDING COVERAGE NAIC # Red Wing MN 55066 INSURERA West Bend Mutual 15350 INSURED INSURER B :The Hanover Insurance Group 2292 HOFFMAN & MCNAMARA COMPANY INSURER C: 9045 180TH ST E INSURER D: HASTINGS MN 55033 I INSURER F: COVERAGES CERTIFICATE NUMBER:2011 - 2012 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, CYCI I IBIr)WZ ANn CnNnITInNS nF SI I('H Pr)I KIPS 1 IMITR SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OF INSURANCE I INSR W WVD P POLICY NUMBER M MM /DD/YYYY M MM /D LIMITS GENERAL LIABILITY E EACH OCCURR $ $ 1,000, D X COMMERCIAL GENERAL LIABILITY P DAMAGE TO RENTED 2 200, OC MED EXP (Any one person) $ $ 10,00 A C CLAIMS -MADE Fx_1 OCCUR c cPN1223256 1 11/30/2011 1 1/30/2012 M PERSONAL & ADV INJURY $ $ 1,000, G GENERAL AGGREGATE $ $ 2 , 000 , OO' GENT AGGREGATE LIMIT APPLIES PER: P PRODUCTS - COMP /OP AGG $ $ 2,000, X $ X POLICY PRO LOC $ AUTOMOBILE LIABILITY E EO ac a LIMIT $ $ 1 000 OC BODILY INJURY (Per person) $ $ A A X ANY AUTO B CPN1223256 1 11/30/201111/30 / /2012 B BODILY INJURY (Per accident) $ $ PeOPERT accid $ $ Underinsured motorist $ $ 1,0 0 OC' X U UMBRELLA LIAB O OCCUR E EACH OCCURRENCE $ $ 1,000, A AGGREGATE $ $ 1,000,0C A E EXCESS LIAB C CLAIMS -MADE A TE HOLDER (7 63) 531 - 5136 kate . moormanlamers@ stantec SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of New Hope ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Avenue N New Hope, MN 55428 AUTHORIZED REPRESENTATIVE Jay Bohmbach, CIC /SKR ACORD 25 (2010/05) INS025 rgninnri m ©1988 -2010 ACORD CORPORATION. All rights reserve( Thn Ar'r)Rn name nnri Innn nrn rnnictnrnri mnrkc of Ar.nP 1 • THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Hoffman & McNamara Company (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: removal of paving and former playground modular boundary, erosion control, grading, bituminous and concrete walks, drain tile, loose fill playground surfacing, poured in place playground surfacing, concrete playground curb and ramp, bench and concrete pad, sod. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Civic Center Park Play Area improvements for the City of New Hope, Minnesota, City Project Number 900. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4— CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Work can commence upon contract approval. An approximate start date of August 20, 2012 is anticipated. B. All Work will be Substantially Completed on or before November 1, 2012, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before November 15, 2012. 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 swings in swing equipment container: August 27 — 31, 2012 2. Install new play equipment in play equipment container: August 29 — September 7, 2012 AGREEMENT FORM © 2012 STANTEC 1 193802183 0052 10- 1 4.03 Interim Completion Dates A. Due to the required coordination with other work being completed on the site, interim completion /work dates have been identified for this project. 1. Construction access, tree protection, erosion control and other measures necessary to allow equipment access to the swing equipment container shall be in place by August 27, 2012. 2. Site preparation for the play equipment container, including removals, grading and sub -base preparation and other measures necessary for play equipment installation shall be completed by August 31, 2012. 3. Installation of the sand base, geotextile fabric, engineered wood fiber and synthetic resilient surfacing should begin once play equipment is in place. The Owner's separate contract for equipment installation (by others) states that "Installation of the equipment will be completed within 10 working days of prepared site ". 4.04 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 Sixty -Nine Thousand, Eight Hundred Sixty -Three Dollars and No Cents ($69,863.00) for the Total Base Bid. 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 © 2012 STANTEC 1 193802183 0052 10-2 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 14.02.B5 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 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 © 2012 STANTEC 1 193802183 0052 10-3 and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." 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: 54 Avenue North Valve Replacement. 7. Addendum (Letter 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 © 2012 STANTEC 1 193802183 0052 10-4 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 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 ri td„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 intentioft of the stricken :provision.. 10.05 Contractor's Certfications x M 1 A. Contractor certifies that it has not engaged in corrupt, frapdulent,,colusive, or coercive practices in competing for or in executing the Contract. For the purpostes ol�tfiI Paragraph 10*05: 1. "corrupt practice" means the offering, giving, receiving ,, proitigof art t hug of value likely to influence the action of a public official in the Bidding,pro e s r 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 2 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 © 2012 STANTEC 1 193802183 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on — 6 1 2,1 2012 (which is the Effective Date of the Agreement). Owner: Address for giving notices: Contractor: Hoffman & McNamara Company By: V ------- --- Attest: Address for giving notices: M��IW aw itk:Sfi Yi A 1 5t5 0 33 License No.: END OF SECTION AGREEMENT FORM 2012 STANTEC 1 193802183 005210-6 (Where Applicable) Designated Representative: KIRK McDOMALD Designated Representative: Name: Name: CITY MANAGER Title: Title: 4401 XYLON AVE NO Address: Address: NEW HOPE MN 55428 763-531-5100 Phone: Phone: 763-531-5136 Facsimile: Facsimile: END OF SECTION AGREEMENT FORM 2012 STANTEC 1 193802183 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature (Seal) Surety's Name and Corporate Seal (Seal) Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C -610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C -610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non - performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 'If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C -610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor's Name and Corporate Seal IC Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal S (Seal) Signature (Attach Power of Attorney) Print Name Title Attest: S ignature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page i of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall pen a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C -615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. 'Lei a 0 ME ! VK HM MW Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by `E p %ENER /" E :ASS Ax -x- Co-- car d:eua Er gi a ASCE American Society N ational Society of of Civil Engineers Professional Engineer Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by 1 �i. CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C -700 Standard General Conditions of the Construction Contract Copyright �� 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C -520 or C -525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C -001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C -800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.asce.or. Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201 -3308 (703) 548 -3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC 0-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Page Article 1 — Definitions and Terminology .................................................................. ............................... 1 1.01 Defined Terms ..................................................................................... ............................... 1 1.02 Terminology .......................................................................................... ..............................5 Article2 — Preliminary Matters ................................................................................ ............................... 6 2.01 Delivery of Bonds and Evidence of Insurance ....................................... ............................... 6 2.02 Copies of Documents ........................................................................... ............................... 6 2.03 Commencement of Contract Times; Notice to Proceed ......................... ............................... 6 2.04 Starting the Work ................................................................................. ............................... 7 2.05 Before Starting Construction ................................................................ ............................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules ............................................................ ............................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse ..................................... ............................... 8 3.01 Intent ................................................................................................... ............................... 8 3.02 Reference Standards ............................................................................. ............................... 8 3.03 Reporting and Resolving Discrepancies ................................................ ............................... 9 3.04 Amending and Supplementing Contract Documents ............................. ............................... 9 3.05 Reuse of Documents .......................................................................... ............................... 10 3.06 Electronic Data .................................................................................. ............................... 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points .................................................................. ............................... 11 4.01 Availability of Lands .......................................................................... ............................... 11 4.02 Subsurface and Physical Conditions .................................................... ............................... 11 4.03 Differing Subsurface or Physical Conditions ....................................... ............................... 12 4.04 Underground Facilities ....................................................................... ............................... 13 4.05 Reference Points ................................................................................ ............................... 14 4.06 Hazardous Environmental Condition at Site ....................................... ............................... 14 Article 5 — Bonds and Insurance ............................................................................ ............................... 16 5.01 Performance, Payment, and Other Bonds ............................................ ............................... 16 5.02 Licensed Sureties and Insurers ............................................................ ............................... 16 5.03 Certificates of Insurance ..................................................................... ............................... 17 5.04 Contractor's Insurance ....................................................................... ............................... 17 5.05 Owner's Liability Insurance ................................................................ ............................... 19 5.06 Property Insurance ............................................................................. ............................... 19 5.07 Waiver of Rights ................................................................................ ............................... 20 5.08 Receipt and Application o f Insurance Proceeds .......................... EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee i 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace ..................... ............................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .................... ............................... 22 Article 6 - Contractor's Responsibilities ................................................................ ............................... 22 6.01 Supervision and Superintendence ....................................................... ............................... 22 6.02 Labor; Working Hours ....................................................................... ............................... 22 6.03 Services, Materials, and Equipment .................................................... ............................... 23 6.04 Progress Schedule .............................................................................. ............................... 23 6.05 Substitutes and "Or- Equals" ............................................................... ............................... 23 6.06 Concerning Subcontractors, Suppliers, and Others ............................. ............................... 26 6.07 Patent Fees and Royalties ................................................................... ............................... 27 6.08 Permits ................................................................................................. .............................28 6.09 Laws and Regulations ........................................................................ ............................... 28 6.10 Taxes ................................................................................................... .............................28 6.11 Use of Site and Other Areas ............................................................... ............................... 28 6.12 Record Documents ............................................................................. ............................... 29 6.13 Safety and Protection ......................................................................... ............................... 29 6.14 Safety Representative ......................................................................... ............................... 30 6.15 Hazard Communication Programs ...................................................... ............................... 31 6.16 Emergencies ......................................................................................... .............................31 6.17 Shop Drawings and Samples .............................................................. ............................... 31 6.18 Continuing the Work .......................................................................... ............................... 33 6.19 Contractor's General Warranty and Guarantee ................................... ............................... 33 6.20 Indemnification .................................................................................. ............................... 34 6.21 Delegation of Professional Design Services ........................................ ............................... 34 Article7 - Other Work at the Site ......................................................................... ............................... 35 7.01 Related Work at Site .......................................................................... ............................... 35 7.02 Coordination ........................................................................................ .............................36 7.03 Legal Relationships ............................................................................ ............................... 36 Article 8 - Owner's Responsibilities ...................................................................... ............................... 36 8.01 Communications to Contractor ........................................................... ............................... 36 8.02 Replacement of Engineer .................................................................... ............................... 37 8.03 Furnish Data ...................................................................................... ............................... 37 8.04 Pay When Due ................................................................................... ............................... 37 8.05 Lands and Easements; Reports and Tests ............................................ ............................... 37 8.06 Insurance ........................................................................................... ............................... 37 8.07 Change Orders ................................................................................... ............................... 37 8.08 Inspections, Tests, and Approvals ...................................................... ............................... 37 8.09 Limitations on Owner's Responsibilities ............................................. ............................... 37 8.10 Undisclosed Hazardous Environmental Condition ............................... ............................... 38 8.11 Evidence of Financial Arrangements ................................................... ............................... 38 8.12 Compliance with Safety Program ........................................................ ............................... 38 Article 9 - Engineer's Status During Construction ................................................. ............................... 38 9.01 Owner's Representative ..................................................................... ............................... 38 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee ii 00 72 05 9.02 Visits to Site ...................................................................................... ............................... 38 9.03 Project Representative ........................................................................ ............................... 39 9.04 Authorized Variations in Work ........................................................... ............................... 39 9.05 Rejecting Defective Work .................................................................. ............................... 39 9.06 Shop Drawings, Change Orders and Payments ................................... ............................... 39 9.07 Determinations for Unit Price Work ................................................... ............................... 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities .................... ............................... 40 9.10 Compliance with Safety Program ........................................................ ............................... 41 Article 10 - Changes in the Work; Claims .............................................................. ............................... 41 10.01 Authorized Changes in the Work ........................................................ ............................... 41 10.02 Unauthorized Changes in the Work .................................................... ............................... 41 10.03 Execution of Change Orders ............................................................... ............................... 41 10.04 Notification to Surety ......................................................................... ............................... 42 10.05 Claims ................................................................................................ ............................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work ................................. ............................... 43 11.01 Cost of the Work ............................................................................... ............................... 43 11.02 Allowances ........................................................................................ ............................... 46 11.03 Unit Price Work ................................................................................. ............................... 46 Article 12 - Change of Contract Price; Change of Contract Times ......................... ............................... 47 12.01 Change of Contract Price ................................................................... ............................... 47 12.02 Change of Contract Times .................................................................. ............................... 48 12.03 Delays ................................................................................................ ............................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects ............................................................................... ............................... 49 13.02 Access to Work .................................................................................. ............................... 49 13.03 Tests and Inspections ......................................................................... ............................... 49 13.04 Uncovering Work ............................................................................... ............................... 50 13.05 Owner May Stop the Work ................................................................ ............................... 51 13.06 Correction or Removal of Defective Work ......................................... ............................... 51 13.07 Correction Period ............................................................................... ............................... 51 13.08 Acceptance of Defective Work ........................................................... ............................... 52 13.09 Owner May Correct Defective Work .................................................. ............................... 52 Article 14 - Payments to Contractor and Completion ............................................ ............................... 53 14.01 Schedule of Values ............................................................................. ............................... 53 14.02 Progress Payments ............................................................................. ............................... 53 14.03 Contractor's Warranty of Title ........................................................... ............................... 56 14.04 Substantial Completion ....................................................................... ............................... 56 14.05 Partial Utilization ............................................................................... ............................... 57 14.06 Final Inspection .................................................................................. ............................... 58 14.07 Final Payment ..................................................................................... ............................... 58 14.08 Final Completion Delayed .................................................................. ............................... 59 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims ................................................................................ ............................... 59 Article 15 — Suspension of Work and Termination ................................................. ............................... 60 15.01 Owner May Suspend Work ................................................................ ............................... 60 15.02 Owner May Terminate for Cause ........................................................ ............................... 60 15.03 Owner May Terminate For Convenience ............................................ ............................... 61 15.04 Contractor May Stop Work or Terminate ........................................... ............................... 61 Article16 — Dispute Resolution ............................................................................. ............................... 62 16.01 Methods and Procedures .................................................................... ............................... 62 Article17 — Miscellaneous ..................................................................................... ............................... 62 17.01 Giving Notice ..................................................................................... ............................... 62 17.02 Computation of Times ........................................................................ ............................... 63 17.03 Cumulative Remedies ......................................................................... ............................... 63 17.04 Survival of Obligations ....................................................................... ............................... 63 17.05 Controlling Law ................................................................................. ............................... 63 17.06 Headings ............................................................................................ ............................... 63 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright n 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 05 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements— Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 2 of 62 00 72 05 25. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor Bing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs — Polychlorinated biphenyls. 31. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 05 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 7205 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Ow=ner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A N otice to Proceed may be given at any time within 30 da after the Effective Date of the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary ,Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C -700 Standard General Conditions of the Construction Contract Copyright v 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 8 of 62 7205 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 0072 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 6.1.7.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 007205 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 11 of 62 00 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploratio test, or study of the Site and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 7205 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of, any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G' 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1 -1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C -700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 17 of 62 0072 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright CG 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 18 of 62 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all- risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 7205 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner fords 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 1.4.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 007205 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C -700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 0072 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if. a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 7205 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright Oc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 26 of 62 0072 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G: 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C -700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright n 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 007205 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright CC 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C -700 Standard General Conditions ofthe Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright Cc' 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C -700 Standard General Conditions of the Construction Contract Copyright c0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.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. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 44 of 62 0072 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01 .A. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and 11.01.8, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright CO 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.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; EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.I and I1.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C -700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 7205 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright Gc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 007205 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright Cc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications, for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C -700 Standard General Conditions of the Construction Contract Copyright n 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending. payments nor Engineer's recommendation of any payment, including final payment. will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C -700 Standard General Conditions of the Construction Contract Copyright nc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C -700 Standard General Conditions of the Construction Contract Copyright U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become frlal and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations , indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright a 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 SUPPLEMENTARY CONDITIONS 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 electronic (PDF) version of the Contract Documents.. Limitations of use of electronic documents are described in the Instructions to Bidders and General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC- 4.04.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of 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 EICDC Form C -610 and C -615 (2007 Edition) or a similar bond form if approved by Owner. SC- 5.03.B Delete Paragraph 5.03.B 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 5.04.6: 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 © 2012 Stantec 1 193802183 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 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC- 5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street SUPPLEMENTARY CONDITIONS © 2012 Stantec 1 193802183 007305-2 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- 10.05.6 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days ". Amend the third sentence of Paragraph 10.05.13 by replacing the words "60 days" with the words "30 days ". ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC- 11.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SUPPLEMENTARY CONDITIONS © 2012 Stantec 1 193802183 007305-3 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.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC- 16.01.A and 16.013, 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 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 SUPPLEMENTARY CONDITIONS © 2012 Stantec 1193802183 007305-4 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. 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. SUPPLEMENTARY CONDITIONS © 2012 Stantec 1 193802183 007305-5 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 SUMMARY OF WORK A. Project Name: New Hope Civic Center Park Community Play Area for the City of New Hope, Minnesota, City Project No. 900. B. Description of Work: The project generally includes site work to install a play container including removal of paving and former playground modular boundary, erosion control, grading, bituminous and concrete walks, drain tile, loose fill playground surfacing, poured in place playground surfacing, concrete playground curb and ramp, bench and concrete pad, and sod. Play equipment shall be provided by others; see Section 0110 00 for coordination requirements. C. Project Warranty: 2 years from the date of substantial completion. D. City Provided Items: Prior to construction starting, City shall remove former play equipment; footings, and ramp. City shall remove sand from the primary play equipment container and stockpile sand in parking lot for use by Contractor. The City shall dispose of excess unused sand. E. Contractor shall coordinate project scheduling, grading, paving and other pertinent construction elements with play equipment installation, which will be completed as a separate project and contract. In general the play equipment installation shall require the following coordination and scheduling: Play Equipment installation shall include the following components as manufactured by Landscape Structure: Evos structure for ages 5 -12 Play structure for ages 2 — 5 (2) Saddle spinners (1) Triple Orbiter Spinner Mobius climber (7 panel) (1) Swing set — triple bay Play equipment should be installed after the play container sub base is prepared and prior to installation of sand (drainage aggregate), drain tile, concrete ramp, geotextile fabric and engineered wood fiber. Swing equipment should be installed after the access route is prepared SUMMARY © 2012 Stantec 1 193802183 01 1000-1 and prior to synthetic resilient surfacing. Specific scheduling and sequencing must be verified with play equipment installation contractor. City contract for play equipment requires that installation of equipment will be completed within 10 working days of prepared site. Contact Engineer /Landscape Architect for additional information about the play equipment installation. 1.04 COMPLETION DATES A. Site prepared for swing equipment: Set forth in the Agreement B. Site prepared for play equipment: Set forth in the Agreement C. Substantial Completion: Set forth in the Agreement. D. 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 to the site shall be from City Hail Parking lot on 4401 Xylon Avenue North, New Hope, MN 55428 as shown on the drawings. Contractor shall protect surfaces used for access, or repair any damage caused at no additional cost to Owner. 2. Residents shall have access to all side streets and driveways. Contractor shall not obstruct parking lot entrance, circulation, or accessible stalls. C. Construction Hours: Contractor must abide by the following hours per City ordinance: 1. Monday through Friday: 7 A.M. to 9 P.M. 2. Saturday: 9 A.M. to 9 P.M. 3. No work on Sundays or Holidays. D. Access to Water 1. Owner shall provide water for project construction. Contractor is required to supply an RPZ valve in order to connect to a hydrant on site. Contractor to notify City which hydrant is to be used for construction water. No meter is required. PART 2 PRODUCTS Not Used. SUMMARY © 2012 Stantec 1 193802183 01 1000-2 PART 3 EXECUTION Not Used. © 2012 Stantec 193802183 01 1000-3 SUMMARY • 1 1 1 ;1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price Work. B. Provide documentation to substantiate Bid Unit Price Work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2012 Stantec 1 193802183 01 20 00 - 1 • r rr 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 Quote. 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. C. The following utilities may be on site and locations should be verified by Contractor: 1. Electric: Xcel Energy 2. Gas: Center Point Energy D. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with the provisions of the following permits: 1. Minnesota Department of Transportation (MnDOT) Permit for Work in State Highway Right -of- Way. B. 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. B. Engineer will perform regular construction observation, but will not be on site full time. Contractor must plan for Engineer to have limited site time and combined approvals in one trip. PROJECT MANAGEMENT AND COORDINATION © 2012 Stantecl193802183 013100-1 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. 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 , procedures for submittals, processing application for payment and maintaining required records. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings, as needed, 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. 401. + • ``'. PROJECT MANAGEMENT AND COORDINATION © 2012 Stantec1193802183 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. Prepare schedules on 11 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 © 2012 Stantec 1 193802183 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 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.04 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMiTfAL PROCEDURES © 2012 Stantec 1 193802183 013300-2 • c t � • TEMPORARY FACILITIES AND CONTROLS PART1 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 fhP followinn- 2. All other Work and costs of this Section shall be incidental to the Project and included in the .Total Base Quote. 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. PART 2 PRODUCTS Not Used. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1 193802183 015000-1 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. All other Work and costs of this Section shall be incidental to the Project and included in the .Total Base Quote. 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. PART 2 PRODUCTS Not Used. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1 193802183 015000-1 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. D. Tree protection, fencing, site securing, protection of walks, curbs and other site conditions. E. RPZ valvle and other provisions to connect to City water source. See Summary 01 10 00, 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the Site as directed by Engineer. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. 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. 3.04 CONSTRUCTION FACILITIES A. Contractor may use City Hall restrooms during open hours. Any on site Sanitary Facilities provided by the Contractor must comply with the following: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1 193802183 015000-2 3.06 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 1. The Contractor shall provide a method of protecting traffic from open excavation areas. 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 31318. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Contractor should be aware that park will remain open and in use during construction activity. Provide a barrier, such as snow fence, around all construction activity to protect Work and warn park users to stay out of the construction area. Sign area appropriately. 2. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 3. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repair. B. Temporary Fence 1. Install as directed by engineer. 2. Maintain and repair fence throughout the duration of the Project. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1 193802183 01 5000-3 SECTION 01 57 13 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. Biologs: Payment will be by type. Measurement will be based on Linear Feet. Payment shall be for the Plan Quantity of Biologs unless additional quantity is approved by Engineer. b. Protection of Catch Basin, Street: Measurement will be by each. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1 193802183 0157 13-1 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. 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. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1193802183 015713-2 H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 BIOLOGS: Conform to MnDOT Standard Specifications. A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 3890.3 subject to Site and approved by the Engineer. 2.03 CONTRUCTION ENTRANCE AND CURB PROTECTION A. Wood Slash Mulch Construction Entrance 1. Raw wood slash only. No chipped -up manufactured wood or chemically treated wood is allowed. 2. Splinter material to an average approximate length of 6 inches with a maximum length of 20 inches. Bark and wood splinters less than 2 inches long shall not exceed 20 percent by mass of the material. 3. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 4. Minimum Thickness of Mulch Placed: 12 inches. 2.04 BIOLOGS: Conform to MnDOT Spec, 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.05 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. 2.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 - percent wood fiber mulch. 2.07 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1 193802183 0157 13-3 PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion /sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Temporary Curb Protection and 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. D. Hydromulch: Industry recommended application rate is 2500 - 3000 lb/ac on 1:3 slopes and steeper and /or where a small amount of runoff is anticipated down the slopes. Hydromulch does not resist concentrated runoff well. Unless you spedify otherwise, MnDOT Spec 2575.31-15 specifies a rate of 2100 Ibx /ac. E. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, 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: TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1 193802183 015713-4 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1 193802183 0157 13 -5 SECTI 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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. Vjff '� Telff _ y_ Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. EXECUTION REQUIREMENTS © 2012 Stantec 1193802183 017000-1 C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details for record documents. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. B. Clean and perform maintenance as frequently as necessary throughout construction period.. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 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, Mail Station 6610, St. Paul, MN 55146 -6610 or by calling (651) 282 -9999 or 1 (800) 657 -3594. They are also available on their website: www. revenue, state. mn. us or via email at withhold ing.tax state.mn.us END OF SECTION EXECUTION REQUIREMENTS © 2012 Stantec 1193802183 017000-2 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete removal of existing play container modular curb and modular wall, removal of selected areas of bituminous trail, removal of selected areas of concrete walk around warming house, removal of existing bench, concrete pad and footings. B. 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 "Remove Modular Play Equipment Container Curb ". Payment shall be by Lump Sum for the container as shown on the Drawings. 2. A Bid Item has been provided for "Remove Bituminous Trail ". Bid item includes sawing existing trail. Payment shall be per Square Yard as shown on the Drawings. 3. A Bid Item has been provided for "Remove Concrete Walk ". Bid item includes sawing existing concrete. Payment shall be per Square Yard as shown on the Drawings. 4. A Bid Item has been provided for "Remove Existing Bench ". Payment shall be for Each bench removed, and for this bid item includes removal of associated concrete pad and footings. 5. A Bid Item has been provided for "Remove 55 Gallon Drum French Drain." Payment shall be for Each, and incidental work includes backfilling, grading and preparing area for reconstructed walk. 6. 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. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. SELECTIVE SITE DEMOLITION © 2012 Stantec 1 193802183 0241 13-1 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 3123 00. 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 except for where removals are taking place or for safety reasons. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. SELECTIVE SITE DEMOLITION © 2012 Stantec 1 193802183 0241 13-2 F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.03 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.04 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.05 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. 3.06 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. 3.07 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 © 2012 Stantec 1 193802183 0241 13-3 SECTION 11 68 13 PLAYGROUND EQUIPMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Provide synthetic resilient surfacing on a concrete base as shown on the Drawings and specified herein. B. Provide sand (drainage aggregate), filter fabric, and engineered wood fiber mulch as shown on the Drawings and specified herein. C. Provide playground mats as shown on the Drawing and specified herein. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for `Engineered Wood Fiber Mulch ". Payment for the engineered wood fiber mulch shall be by the cubic yard of loose volume (LV) as indicated on the Quote Form for the material depth as shown on the Drawings. B. A Bid Item has been provided for "Placement of sand ". Payment for the placement of sand (drainage aggregate) shall be by lump sum as indicated on the Bid Form for both recycled and imported drainage aggregate for the material depth as shown on the Drawings. No measurement will be made of the drainage aggregate within the drain tile trenches as that material is incidental to the lineal foot bid price for the drain tile. Existing sand (drainage aggregate) from the large play container will be stockpiled on site by the City. Contractor's responsibility is to use the quantity of sand needed to provide a drainage base for the play container as shown in the Drawings. The City will remove excess sand. All protection, placing, grading, leveling, and compaction is incidental to this Bid Item. C. A Bid Item has been provided for "Geotextile Fabric ". Payment for geotextile filter fabric shall be by the square yard installed as indicated on the Quote Form. D. A Bid Item has been provided for "Playground Mats." All labor and materials necessary for the installation of the playground mats shall be measured and paid for on a unit price basis as listed in the Quote Form. E. A Bid item has been provided for "Synthetic Resilient Surfacing." All labor and materials necessary for the installation of the synthetic resilient surfacing shall be measured and paid for on a unit price basis as listed in the Quote Form. Measurement for payment shall include the beveled edge. All labor and materials necessary for the installation of the concrete sub -base shall be incidental to the unit price for the synthetic resilient surfacing. No payment shall be made for surfacing provided above the play quantity defined in the Bid Form unless approved by the Engineer. 1.03 RELATED SECTIONS A. Section 3123 00 — Excavation and Fill B. Section 32 12 14 — Concrete Walks, Medians, and Driveways PLAYGROUND EQUIPMENT © 2012 Stantec 1 193802183 1168 13 - 1 C. Section 33 46 00 — Subdrainage 1.04 REFERENCES A. Latest edition of the ASTM's "Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment." ASTM F1292 -99. B. Latest edition of the ASTM's "Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment." ASTM F1951 -99. 1.05 QUALITY ASSURANCE A. Engineered wood fiber mulch shall meet or exceed the ASTM's current "Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment" and the ASTM's current "Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment." 1.06 SUBMITTALS A. The Contractor shall submit manufacturers data and warranty and proof of required certifications for synthetic resilient surfacing and engineered wood fiber mulch. B. The Contractor shall submit synthetic resilient surfacing manufacturers data showing recommended thickness for the project fall heights and what thickness shall be provided for this proejct. C. The Contractor shall submit color samples for the synthetic resilient surfacing. D. The Contractor shall submit a 1 lb sample of engineered wood fiber mulch for approval. PART 2 PRODUCTS 2.01 ENGINEERED WOOD FIBER MULCH A. Engineered Wood Fiber Mulch shall conform to ASTM F1292 -99 and ASTM PS83 -97 or ASTM F1951 -99. Mulch shall be Softstep® by Woodchips of Princeton, Inc (Sylva Corporation), Woodcarpet® by Zeager Bros., Fibar Systems® by The Fibar Group, or a prior approved equal. 2.02 DRAINAGE AGGREGATE A. Recycled sand the former play container shall be used as drainage aggregate under the new play container. B. Additional imported drainage aggregate shall consist of clean, washed, rounded sand particles free of debris and delivered to the site and handled in a manner to prevent contamination. Sand must conform to MnDOT 3149.2K. 2.03 GEOTEXTILE FILTER FABRIC A. Geotextile filter fabric shall be Geotex® 401 by Synthetic Industries, 130 EX by LINQ Industrial Fabrics, Inc., Typar® 3301 by LINQ Industrial Fabrics, Inc., Mirafi® 140N by TC Mirafi or prior approved equal. PLAYGROUND EQUIPMENT © 2012 Stantec 1 193802183 116813-2 2.04 PLAYGROUND MATS A. Mats for protection of filter fabric and surfacing under swings and at slide exits shall be 4' by 6' by 2 ", as supplied by Dynacushion, or prior approved equal. 2.05 SYNTHETIC RESILIENT SURFACING A. Synthetic resilient surfacing shall be a seamless impact- absorbing cushioned surface applied on a concrete sub -base. B. Thickness shall meet or exceed manufacturer's recommendations for the required fall heights and safe use zones of adjacent play components per CPSC guidelines. Fall heights for this project are 8'. Verify manufacturers recommendation for surfacing thickness for the 8' fall height. C. Preapproved products and manufacturers include: 1. Playbound Extreme 100 poured -in -place system by Surface America, (Surface America, Inc., P.O. Box 157, Williamsville, NY, 14231, (800) 999 0555,) or 2. Pebbleflex by Landscape Structures, Inc. (Flagship Recreation, LLC, 5607 Cedar Lake Road, St. Louis Park, MN, 55416, (763) 550 7864, or 3. prior approved equal D. The top surface layer mix shall be composed of 50 percent dark/black and 50 percent light color. Color shall be selected from manufacturer's standard colors by the Owner. PART 3 EXECUTION 3.01 INSTALLATION A. Engineered wood fiber mulch shall be delivered, stored and installed per the drawings and manufacturer's details and recommendations. B. Geotextile filter fabric shall be installed per the Drawings and the manufacturer's details and recommendations. C. Playground mats shall be installed per manufacturers' instructions. D. Installer of synthetic resilient surfacing shall inspect and approve the concrete sub -base prior to installation. Install synthetic resilient surfacing, including beveled edge, as shown on the Drawings and per manufacturers' details and specifications. Extend beveled edge below sand level required for container fall heights in order to avoid tripping hazards. Allow recommended curing time for concrete base and protect from moisture and extreme temperatures if necessary. PLAYGROUND EQUIPMENT © 2012 Stantec 1 193802183 1168 13-3 SECTION 12 92 00 SITE FURNISHINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. The work in this Section includes the furnishing all labor, equipment, materials, including anchorages and fittings, and performing all operations, including fabrication, delivery, and installation, required for Site Furnishings as shown in strict accordance with the Construction Drawings and as herein specified. B. Related Sections 1. Section 32 13 14 — Concrete Walks, Medians, Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Unit Prices 1. A Bid Item has been provided for "6' Bench." Payment is for providing fully installed, anchored bench in accordance with the Drawings and as specified herein. B. Measurement and Payment 1. Measurement of the Bench is by Each, in accordance with the Drawings. Payment will be made at the Contract price per number installed. 1.03 REFERENCES A. Reference Standards: The following publications form a part of this Specification to the extent referenced. The publications are referenced in the text by basic designation only: 1. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 2. ASTM: American Society for Testing and Materials. 3. NBGQA: National Building Granite Quarries Association. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Coordinate installation with the representatives of the other trades on Site and Owner's Representative to facilitate Work and avoid conflicts in construction sequence and Site furnishing and other construction. B. Scheduling 1. Prior to starting Work, submit for review by the Project Landscape Architect /Owner's Representative, and approval by the Owner, a schedule showing the commencement, order and completion date of the Work. 1.05 SUBMITTALS A. Submit all required items for approval before work is started. Error! Reference source not found. SITE FURNISHINGS © 2012 Stantec 1193802183Error! Reference source not found. 129200-1 Action Submittals 1. Product Data: For each stone type and each manufactured product shown on Drawings or specified. a. Product data submittals shall including physical property data for each stone type. 2. Shop Drawings a. General: For each item specified, provide information showing complete detail, location in the project, material and size of components, method of joining various components and assemblies, finish, and location, size and type of anchors. b. Mark items requiring field assembly for erection identification and furnish erection drawings and instruction. c. Provide templates and rough -in measurements as required. d. Show fabrication and installation details for stone. Include dimensions and profiles of stone units. 3. Samples a. Samples of selected color and finish for Benches. C. Informational Submittals 1. Certifications: Submit a letter of certification from the manufacturer, stating the material being furnished is the specified material and there are sufficient reserves available to supply the Project and furnish replacements if needed. 2. Qualification Statements: Submit qualifications data indicated under Quality Assurance for the following: a. Installer. b. Fabricator. D. Closeout Submittals 1. Warranty Documentation. 1.06 QUALITY ASSURANCE A. Regulatory Requirements 1. Contractor shall obtain all permits and pay all required fees to any governmental agency having jurisdiction over the Work. Inspections required by ordinances during the course of construction shall be arranged as required. Notify Owner's Representative of the time of such inspections 48 hours prior. 2. When the Contract Documents call for materials, workmanship, or construction of a better quality, higher standard, or larger size that required by the above - mentioned rules and regulations, provide the quality and size required by the Contract Documents. 3. On completion of the Work, satisfactory evidence shall be furnished to the Owner's Representative to show all Work has been installed in accordance with the ordinances and code requirements. 4. The Contractor shall acquire the necessary right of way access permits that may be necessary for completion of the specified Work. B. Qualifications 1. Installer Qualifications: Engage experienced installer that has completed installation similar in material, design, and extent to that indicated for the Project. 1.07 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance Error! Reference source not found. SITE FURNISHINGS © 2012 Stantec 1193802183Error! Reference source not found. 129200-2 1. Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2. Products shall be delivered to Site in manufacturer's original, unopened containers and packaging. Notify Engineer a minimum of 5 days prior to delivery for inspection. 3. Contractor shall remove shipping materials as needed and inspect products for damage immediately upon delivery to the Site and coordinate inspection by Resident Engineer. B. Storage and Handling 1. Contractor shall repack and store products in a secure area and protect from damage and adverse environmental conditions. Storage subject to approval by Engineer. 2. Materials, products and finished shall be protected from damage during handling and installation. C. Waste Management and Disposal 1. Dispose of all waste generated from Site furnishing packaging and installation as required by local ordinances. 2. Any excess material is the property of the Contractor and shall be disposed of off Site. 3. Recycle all materials that are recyclable and dispose of all organic materials at composting facilities. 1.08 FIELD CONDITIONS A. Field Measurements: Verify actual locations of paving, walls and other construction contiguous with site furnishings by field measurements before fabrication and indicate measurements on Shop Drawings. 1.09 WARRANTY A. Manufacturer's Warranty: Submit manufacturer's standard limited warranty on all Site furnishing Bid Items. B. Installer Warranty: Installer shall warrant all site furnishing installation for a period of no less than 1 year, including fastener and anchorage failure. PART 2 PRODUCTS 2.01 MATERIAL A. 6' Bench 1. Manufacturer: Landscape Brands. 2. Series Name: 6' Ultra Contour Bench with Expanded Seat and Surface Mount. 3. Model Name: F1027. 4. Style: Backed, with end arms, without seat divider. 5. Metal Finish: Black Plastisol Fusion Coating. 6. Attachment: Surface Mount. 7. Steel Pattern: Perforated. 8. Size: 32 1 /4"H x 27 "W x 79 3/8 "L. 9, Supplier: Midwest Playscapes, Contact: Matt Finnegan, Ph. (952) 457 2950, softail87@inte rq a.net 500 Pine Street, Suite 104, Chaska, MN 55318 www.midwestplayscapes.com B. Miscellaneous Material Error! Reference source not found. SITE FURNISHINGS © 2012 Stantec 1193802183Error! Reference source not found. 129200-3 1. Anchoring Cement: Factory- packaged, non - shrink, non - staining, hydraulic - controlled expansion cement formulation for mixing with water at the Site to create pourable anchoring, patching, and grouting compound. 2. Anchor bolts, and other fastener components shall be stainless steel, ASTM A276, Type 304 and painted to match site furnishings. Proposed substitutions of other non - corrosive fasteners may be submitted to Owners Representative. PART 3 EXECUTION 3.01 EXAMINATION A. Field Measurements: The Contractor shall verify site conditions and dimensions shown on the Drawings. Notify Owner's Representative of any major differences, obstructions, or utilities that in any way affect Site furnishing installation. B. The Contractor shall not work in unpaved areas, unless soil moisture is at field capacity or drier. C. Contractor shall verify with the electrical, irrigation, and other utility contractors the location of all sleeves have been installed prior. D. The Contractor shall be responsible for verifying the presence and location of all underground utilities and obstructions prior to excavation. Damage to utility lines, services, and other structures shall be repaired at the Contractor's expense. E. Examine surfaces indicated to receive the Site furnishing, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Do not proceed with installation until unsatisfactory conditions have been corrected. F. The Contractor shall inspect the correct and level finished grade, mounting surfaces, and other conditions affecting performance. Discrepancies, irregularities, etc. shall be brought to the attention of the Owner's Representative. A. Where existing work and improvements are in place, cover, fence, and protect all such work and improvements from damage and soiling from construction operations. B. Contractor shall maintain and protect all temporary erosion control and tree protection on the Site from damage during construction operations. Any damage to existing structures, vegetation to remain, and erosion control shall be reported to the Owner's Representative immediately and corrected at no cost to the Owner. C. Remove debris and loose particles. Verify that all elements in this section "fit" within the locations provided as shown in the Drawings. D. Verify placement and alignment for all Site furnishings. E. If the condition of the existing facilities at the locations of the waste receptacles will not allow installation as indicated in the Drawings, contact the Engineer and provide proposed modification to the location or method of installation satisfactory to the Engineer. F. Unpack and assemble (as needed) and install items in accordance with manufacturer's printed instructions, unless otherwise specified or shown. Error! Reference source not found. SITE FURNISHINGS © 2012 Stantec 1193802183Error! Reference source not found. 129200-4 G. Clean dirty or stained stone surfaces before setting 1. Scrub with fiber brushes, drench with clear water 2. Use mild cleaning compounds. 3. Do not use acids or wire brushes. 3.03 INSTALLATION A. General 1. Install items rigid, plumb, level and true to lines, levels and orientation shown in details and shop drawings. 2. Contractor shall take necessary measure to protect Site furnishings and existing work and surfaces from damage, marring or soiling during transport, handling, and installation. 3. Contractor shall transport, position, and install all Site furnishings as indicated in the Drawings and Specifications, and as approved by the Engineer. 4. Contractor shall permanently affix all Site furnishings to the ground. 3.04 FIELD QUALITY CONTROL A. After sweeping the surface clean, check final elevations for conformance to the Drawings and these Specifications. 3.05 CLEANING, REPAIR, AND RESTORATION A. All damage to Site from Site furnishing installation work must be repaired by the Contractor at no cost to the Owner. B. Soil, dust, or similar material brought into paved areas by work operations shall be removed promptly, keeping these areas clean at all times. C. Restore areas damaged during installation and construction period to their original condition or to desired new appearance so no evidence remains of correction work. D. Existing plants that are damaged by the Contractors operations will be appraised using the International Society of Arboriculture (ISA) guide. The Contractor shall be responsible for replacement, repair, and /or payment in damages in accordance with MnDOT 1712. E. Touch Ups: Touch up scratches and other blemishes in the powdercoat, paints and other finishes as per manufacturer's instructions. 3.06 PROTECTION A. Contractor is responsible for protecting the installed furniture from damage, soiling, or staining during any additional construction operations conducted under this Contract at no additional cost to the Owner. B. Work related to the Site furnishings included in this Section shall not disturb or damage the surrounding landscape, including, but not limited to utilities, concrete work, landscaping, lawns, and other Site furnishings. Any damage caused by the work to the surrounding landscape must be replaced by this Contractor at no cost to the Owner. • # • Error! Reference source not found. SITE FURNISHINGS © 2012 Stantec 1193802183Error! Reference source not found. 129200-5 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 32 92 00 — Turfs and Grasses 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Site Grading. Measurement will be by Lump Sum of modifying material in its original position as shown on the Drawings to the proposed grades. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 2. Stripping, stockpiling and respreading of topsoil: This work shall be incidental to the project. 3. No Bid Item has been provided for excavation. Excavation shall be incidental to the related Bid Item. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 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. 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. EXCAVATION AND FILL © 2012 Stantec 1 193802183 312300-1 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Complete finish grading of turf areas within 15 calendar days after installation of the swale. PART 2 PRODUCTS 2.01 MATERIALS A. Select Topsoil Borrow (MOD): Conform to MnDOT Spec 3877.2B, except as modified herein. 1. Material shall 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 after any specified clearing and grubbing operations have been completed by others. Strip sod and topsoil to a line 3 feet outside of areas to be excavated and graded. 6. Stockpile sufficient topsoil to re- spread at a uniform depth of 4 inches to all disturbed areas. Do not strip within the drip line of trees identified to remain. 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. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, 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. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 3. No solid rock will be allowed within 12 inches of the subgrade. 4. Provide and maintain temporary drainage facilities until permanent facilities are completed. 5. After the sub cut 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. 2105.31), or as modified herein. EXCAVATION AND FILL © 2012 Stantec 1 193802183 312300-2 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 with 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. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, 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. 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 © 2012 Stantec 1 193802183 312300-3 SECTION 32 11 23 AGGREGATE BASE COURSES PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 32 12 01 - Flexible Paving (Municipal Projects). 2. Section 32 13 14 — Concrete Walks, Medians, Driveways 3. Section 32 16 13 - Concrete Curbs and Gutters 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for Aggregate Base, Class 5. Provision, placement, compaction and all other Work and costs of this Section shall be incidental to concrete ramp, concrete walk, concrete curb and bituminous trail items within the Project and included in the Total Base Quote. 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 checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Class 2 aggregate. AGGREGATE BASE COURSES © 2012 Stantec 1193802183 32 1123 -1 PART 3 EXECUTION 3.01 PREPARATION A. 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. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required, in order to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2012 Stantec 1193802183 32 1123-2 t � FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART1 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. 2. Section 32 16 13 — Concrete Curbs and Gutters. 3. Section 32 23 00 — Excavation and Fill 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 "Bituminous Trail." Measurement will be by the square yard. Payment will include all costs related to constructing the trail to the thicknesses shown on the Drawings, excavation, aggregate backfill, Class 5 aggregate base, saw cutting just prior to paving, bituminous non wear course, tack coat, and bituminous wear course. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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. 2. 2357 - Bituminous Tack Coat. 3. 2350 Plant Mixed Bituminous Pavement Quality Control /Quality Assurance. 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 for all projects, regardless of the size of the project. 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 playground curb to be completed and approved by the Engineer prior to placement of bituminous surfaces. FLEXIBLE PAVING (MUNICIPAL PR03ECTS) © 2012 Stantec 1 193802183 32 1201-1 B. The Contractor shall provide a 48 -hour notice for scheduling prior to 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 Quote Form 1. Pathways, Driveways, Parking Lots, and Patching — Wearing Course — SPWEA240B, Type 9.5, Wearing (2,B). B. Conform 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. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. Preparation of Bituminous Non Wear Course 1. Final cleanup of the bituminous surface with the use of a power pickup broom and front end loader. C. 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 surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 1193802183 321201-2 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 surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2321.3C1. D. Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 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, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein. 1. Pedestrian Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C — Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein. 1. Delete Section 23603C Pavement Smoothness. 3.07 WORKMANSHIP 1. All work under this Section shall be performed by skilled paver and shall conform to a standard of excellence which shall be not less than the best practice in the trade. 3.08 CLEANUP 1. At the completion of the bituminous paving construction, the Contractor shall remove all equipment, tools, excess materials and debris from the site. 3.09 WARRANTY 1. Provide a warranty for the bituminous pavement against failure from defects for a period of one (1) year after final acceptance of the project the by Owner. Repair or replace, to the FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 1 193802183 32 1201-3 satisfaction of the Project Manager and Owner, failed or defective work that occurs during the warranty period at no cost to the Owner. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 1 193802183 32 1201-4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways and cast in place concrete base below playground poured in place surfacing as shown. B. Related Sections 1. Section 1168 13 — Playground Equipment. 2. Section 3123 00 — Excavation and Fill. 3. Section 32 1123 — Aggregate Base Courses. 4. Section 32 12 01 — Flexible Paving (Municipal Project). 5. Section 32 16 13 — Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4" Concrete Walk has been included in the Quote Form. Measurement shall be on the basis of in -place square foot. 2. Bid Item for "Concrete Ramp" has been included in the Quote Form. Measurement and payment shall be for each ramp constructed as shown in the Drawings. 3. 4" Concrete playground base is incidental to the synthetic resilient surfacing found in the Playground Equipment Section 1168 13. 4. All Bid Items in this section shall be paid for based on the following conditions: a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Excavation necessary to install new concrete walk over former concrete walk area. 3) Subgrade and base preparation. 4) Provision of aggregate base materials. 5) Placement of materials. 6) Finishing. 7) Curing and protection. 8) Reinforcement. 9) Backfilling. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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 (Mn DOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2012 Stantec 1193802183 3213 14-1 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. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air- entraining concrete produced by using Type I Portland Cement. 2. Air - Entraining Admixtures: conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification. a. Swale 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. Aggregated Base: Conforming to Section 32 1123. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walks at the location and elevations indicated on the Drawings. C. Verify locations with Engineer in the field prior to construction. D. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2012 Stantec 1193802183 32 13 14-2 E. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 1123. 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. 2521.36. 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. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.30 and 2521.30b (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane - curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.30a 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2012 Stantec 1 193802183 32 13 14-3 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 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. F40 - 019 - 61FAM414 IS 410101 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2012 Stantec 1 193802183 3213 14-4 SECTION 32 16 13 CONCRETE CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place Concrete Playground Curb B. Related Sections 1. Section 32 1123 - 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 Item for "Concrete Playground Curb" has been included in the Quote Form. Measurement shall be on the basis of in -place linear foot measured along the interior of the face of the curb. 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 Quote. 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 within 1 week after aggregate base has been completed and approved. CONCRETE CURBS AND GUTTERS © 2012 Stantec Consulting Ltd. 1 193802183 B. Concrete curb construction precedes installation of pavement. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air - entraining concrete produced by using Type I Portland Cement. 2. Air - Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 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. D. Reinforcement 1. Reinforcement bars, dowel bars, and welded wire fabric shall conform to MnDOT Spec. 3301 — Reinforcement Bars, MnDOT Spec 3302 — Dowel Bars, and MnDOT Spec. 3303 — Steel Fabric respectively and the applicable provisions of MnDOT Spec. 2472. Miscellaneous Material 1. Membrane Curing Compound shall conform to MnDOT Spec. 3754 — Membrane Curing Compound. 2. Expansion joint material shall conform to MnDOT Spec. 3702 — Preformed Joint Fillers. Expansion joint material shall be the full depth of the concrete slab. 3. Formwork shall conform to MnDOT Spec. 2401 and MnDOT Spec. 2521. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb as shown on the Drawings. D. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-11240-0 32 16 13-2 E. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. F. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 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. 2. All joints shall be tooled. Saw joints are not acceptable. 3.05 METAL REINFORCEMENT 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 3.06 PLACING AND FINISHING A. 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. B. Materials thicknesses shall be per the Drawings. C. Steel reinforcement shall be provided and placed as required by the drawings and in conformance with the applicable provisions of MnDOT Spec. 2472. Concrete pavements shall be given a medium broom, non -slip finish with a 4" wide tooled smooth band around pavement edges and along both sides of all control joints. Brooming shall be at a 90 degree angle to normal traffic flow direction. D. Concrete play area curb shall be given a non -slip finish while being as non - abrasive as possible on all exposed surfaces. E. Any surface area allowing the entrapment of water at a depth 1/8 -inch or greater will be considered unacceptable. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-11240-0 321613-3 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. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.33, except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during Backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.3C, 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 r CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-11240-0 3216 13-4 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, sod, soil amendments, mulch, erosion control, and maintenance and warranty as defined. 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 "Sodding, Lawn Type ". Payment shall be for the quantity of Sodding, Lawn Type defined in Quote Form 00 41 10, installed, complete and in place as specified, including installing topsoil, soil amendments, furnishing and installing sod, preparation of surface, maintenance, and all incidental items associated with the Work. 2. Temporary Seed Cover shall be incidental to the project. 3. All other Work and costs of this Section, including replacing any turf that is disturbed above the quantity defined in the Quote Form, shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. Section 2575 — Turf Establishment 2. Section 3878 — Sod B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 DEFINITIONS A. Weeds: For the purpose of this project, a weed is a plant that inhibits the establishment of species listed in article MATERIALS. Weeds may include, but are not limited to, bindweed, bentgrass, Bermuda grass, blackberry, black locust, Canada thistle, chickweed, crabgrass, cress, dandelion, European buckthorn, glossy buckthorn, horsetail, jimsonweed, Johnson grass, lambsquarter, morning glory, mustard, nimble will, nutgrass, nut sedge, perennial sorrel, pigweed, poison ivy, poison oak, quackgrass, ragweed, rush grass, Siberian elm, smooth brome grass, spotted knapweed, tansy ragwort, tatarian honeysuckle, and wild garlic. 1.05 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. TURF AND GRASSES © 2012 Stantec 1 193802183 329200-1 B. 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. C. 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. 1.06 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 sod is 60 days. If sod is dormant, as determined by the Engineer, prior to 60 days after installation, the establishment period shall also include 30 days after dormancy in the following spring. 2. The establishment period for seeded areas is 1 year. 1.07 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL A. Provide 6" of topsoil borrow as defined herein for all sod areas: 1. Topsoil Borrow: Conforming to MnDOT Spec. 3877.2B, except as modified: a. Material shall be screened and pulverized. 2.02 FERTILIZER 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). 2.03 SOD A. Sod shall be highland type, grown in natural mineral soils. Sod grown in peat will not be acceptable. Sod shall be ASPA Certified Nursery grown and include a minimum of the top 1" of well - established cultured sod with a strong, fibrous root system. Sod shall consist in the major part of a minimum of two varieties of Kentucky Bluegrass and be free from noxious weeds and relatively free from all other weeds, and free from burned or bare spots, roots, stones, and other objectionable materials. Sod shall resist normal handling without undue breaking or tearing. Sod shall be cut in uniform strips, a minimum of 18" wide, and shall be cut to a uniform thickness so a dense root system will be retained, but be exposed on the bottom side of the sod. B. Sod shall conform to the requirements of MnDOT Spec 3878 Type D — "Mineral Sod'. 2.04 WATER A. Clean, fresh, and free of substances or matter that could inhibit vigorous growth of grass. TURF AND GRASSES © 2012 Stantec 1193802183 329200-2 PART.3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. Deliver sod on pallets. During Delivery: Protect sod from drying out and seed from contamination. 4. Do not deliver more sod than can be laid within 24 hours of harvesting. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.313. 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.) or as per manufacturers instructions. 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1,000 sq. ft.). 3.04 PLACING SOD A. Conform to MnDOT Spec. 2575.3I. 3.05 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. TURF AND GRASSES © 2012 Stantec 1 193802183 329200-3 B. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his /her expense. C. Watering of sod areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. If the 60 days is not up prior to the end of the growing season, the watering period shall begin after April 15 in the spring. D. Watering and other maintenance of sodded areas, such as mowing, are the responsibility of the contractor for a minimum of 60 days during the growing season, or until sod is fully established and accepted by the Engineer, whichever is later. Sod will be evaluated in the spring of 2013 to ensure that the areas have survived the winter; any maintenance necessary from that site visit shall be the responsibility of the contractor. Once the Engineer determines that the sod has been fully established and the establishment period has passed, the City shall be responsible for routine maintenance such as mowing and watering. E. Application of fertilizer, soil amendments, weed control, and sod replacement are the responsibility of the contractor through the warranty period. 3.06 INSPECTION AND ACCEPTANCE A. 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. 3.07 WARRANTY A. Once accepted by the Engineer, sod shall be guaranteed through the establishment period. TURF AND GRASSES © 2012 Stantec 1 193802183 329200-4 i TRENCHING AND BACKFILLING PARTI GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 46 00 - Subdrainage 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Items have been provided for work in this section. All trench excavation, pipe bedding, backfilling, and all other work and costs in this section are incidental to the Bid Items as defined in Section 33 46 00 and included in the Total Base Quote. 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. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for.Soil Using Standard Effort (12,400 ft- Ibf /ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. TRENCHING AND BACKFILLING © 2012 Stantec 1193802183 330505-1 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. 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. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP) 1. Class C -1 Bedding a. Undisturbed soil. 2. Class B and Class C -2 Bedding. TRENCHING AND BACKFILLING © 2012 Stantec 1193802183 33 0505-2 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. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec 3149.G. 2.03 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.23. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2B1 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. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. TRENCHING AND BACKFILLING © 2012 Stantec 1193802183 330505-3 G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 - Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. 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 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 TRENCHING AND BACKFILLING © 2012 Stantec 1 193802183 330505-4 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. 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. TRENCHING AND BACKFILLING © 2012 Stantec 1 193802183 330505-5 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. END OF SECTION TRENCHING AND BACKFILLING © 2012 Stantec 1 193802183 330505-6 SECTION 33 46 00 M" 111 A."1i1 ►MI PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile and as built record plans. 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 4" Perforated Drain Tile. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile, aggregate, cleanouts, fittings and connection to structure. 2. A Bid Item has been provided for 4" Non - Perforated Storm Sewer. 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 Drill Connection to Existing Catch Basin. Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer structure, making the connection, and patching as specified. 4. All other Work and costs of this Section, including the provision of as- built record plans, shall be incidental to the Project and included in the Total Base Quote. 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. M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 3733 - Geotextiles. SUBDRAINAGE © 2012 Stantec 1 193802183 334600-1 1.04 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the services prior to the installation of the services. B. Provide scaled drawings showing final locations and elevations of all drain tile, pipe and connections. PART 2 PRODUCTS 2.01 PIPE AND FITI"INGS A. Corrugated Polyethylene (PE) Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM F405 in accordance with the material requirements of ASTM D3350. 2. Pipe Stiffness: Heavy -duty pipe conforming to requirements of ASTM F405, Table 1. 3. Coupling bands shall cover at least 1 full corrugation on each section of pipe. 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. 5. All piping shall be double wall HDPE. Diameter shall be as shown on the Drawings. 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 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. 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. SUBDRAINAGE © 2012 Stantec 1 193802183 334600-2 F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure 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 © 2012 Stantec 1 193802183 334600-3 %ry V1Y �lL Request for Action Originating Department Approved for Agenda Agenda Section Development and Parks and Recreation August 13, 2012 Plannin Item No. By: Susan Rader, P &R Director By: Kirk McDonald, City Manager 8.2 Resolution authorizing purchase and installation of a Super Nova Galaxy play system by Midwest Playscapes, Inc. in the amount of $8,505.00 (improvement project #900) Requested Action Staff requests the City Council authorize the purchase and installation of a Super Nova Galaxy play system by Midwest Playscapes, Inc. in the amount of $8,505.00 (improvement project #900). This piece of play equipment would be included in the current Civic Center playground improvement project. Background The playground equipment at Civic Center Park is currently the oldest equipment in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. In early 2012, a planning committee was formed with CAC members, a Planning Commission member, city engineers and city staff who met a number of times to study the best type of equipment to recommend and develop plans that would meet the park needs and compliment the City Center vision. On February 27, 2012, the City Council authorized the preparation of plans and specs. Two playground vendors were requested to create two plans and present them to the committee for consideration. Following the presentation of plans, the committee members gave input regarding the plan that they would most like to see implemented. On June 11, 2012 an informational meeting was held for the neighborhood to share the preferred plan. On July 23, 2012 the City Council approved the plans and specifications for the project and authorized the purchase and installation of the equipment through Flagship Recreation, who is on the state bid list. During the presentation to the Council on July 23, 2012, the playground committee also shared their wish to include the Super Nova Galaxy piece into the overall design of the playground upgrades but the cost went above the original $150,000 budget. Following the meeting, a Council Member requested that staff look into the possibility of including the Super Nova with the current project, and whether or not it would be more cost efficient than installing it at a later time. Motion by Second by To: I: \RFA \P &R \PARKS \2012 \R -900 Civic Playground Add Super NOVa.docx Request for Action August 13, 2012 Page 2 It was determined that there would be a savings of $1000 -$1200 if the Super Nova was purchased and installed this fall versus adding the component in the summer of 2013, after the main project was complete. A portion of this savings is due Council Member Elder being able to obtain a lower quote for the equipment purchase. On July 26, 2012, City Manager Kirk McDonald shared the information with the City Council through an email and explained staff's interest in bringing the purchase request to the Council at the August 13, 2012 meeting. Mr. McDonald asked for feedback if Council did not support moving forward. The city manager received favorable responses from three out of five Council Members and received no negative feedback. Recommendation It is the recommendation of staff that the City Council authorize the purchase and installation of the Super Nova Galaxy play system and have the installation take place with the remainder of the playground improvement project. Funding This Civic Center playground improvement project was included in the 2012 CIP and the 2012 Park Infrastructure budget as shared with the Council during 2011 and 2012 CIP planning and 2012 budget meetings. This additional purchase is a cost above the original project budget. Staff recommends that funding from the Park Infrastructure Fund be used to pay for purchase and installation. In the 2012 CIP, $15,000 was budgeted for pool concrete repair, which will not be used. A portion of these funds could be used for the Super Nova purchase. All funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments The City Manager's email, copy of the quote from Midwest Playscapes, Inc. and resolution are attached. I: \RFA \P&R \PARKS \2012 \R -900 Civic Playground Add Super Nova.doCX City of New Hope Resolution No. 12 -220 Resolution authorizing purchase and installation of a Super Nova Galaxy play system by Midwest Playscapes, Inc. in the amount of $8,505.00 (improvement project #900) WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (C1P) 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, staff recommends the purchase and installation of a Super Nova Galaxy from Midwest Playscapes, Inc.; and, WHEREAS, funds are available for this purchase 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 $8505.00 from the Park Infrastructure Fund for payment to Midwest Playscapes, Inc for a Super Nova Galaxy is hereby authorized. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13 11, day of August, 2012. Mayor Attest: — City Clerk IARFA\P&RIPAR3KS \2012\R -900 Civic Playground Add Super Nova.docx Rader Susan From: McDonald Kirk Sent: Thursday, July 26, 2012 4:20 PM To: Elder John; Hemken Kathleen; Hoffe Andy; Lammle Eric; Stauner Daniel Cc: Steve Sondrall (sas @jasattorneys.com); Rader Susan Subject: FW: Civic Center Park Mayor and Council Members: Please see e-mail below sent to staff by Council Member Elder after the council meeting on Monday night. He is proposing that the city proceed to purchase and install the Super Nova merry -go -round with the Civic Center equipment recently approved to fill the vacant space left in one of the containers that was to be filled at a later date. He discusses the fact that a cost savings could be realized if the additional piece of equipment is purchased and installed now, rather than removing fiber and fabric when installed at a later date. Staff has investigated the potential savings and discussed with the playground representative, who estimated there would be an installation savings of about $150 -$200 if purchased and installed at this time. He also stated that the equipment price would increase 5 -7% next year, or about $500. Therefore, there would be a saving of approximately $500 -$700 if the equipment were purchased and installed this year. In addition, Council Member Elder has negotiated a lower quote on this piece of equipment from the playground representative. The original cost was $9,000 and the revised quote for equipment, freight, tax and installation is $8485, or about $500 less than the original price. So the total saving if purchased and installed this year would $1,000 to $1,200. Council Member Elder is proposing that the additional equipment be paid for out of the Park Infrastructure Fund. Staff feels that this is a great idea and I am sending this e-mail to get council feedback. If you are in support of proceeding with the purchase, staff will place this additional equipment purchase on the August 13 Council agenda. Please advise Director Rader or me if you do NOT support this suggestion. Thanks, Kirk The link below shows the Super Nova in action! http: / /www.youtube.com /watch ?v= jAnNwVOiSJk - - - -- Original Message---- - From: Elder John 1 Sent: Monday, July 23, 2012 10:14 PM To: Rader Susan; McDonald Kirk Cc: Hemken Kathleen Subject: Civic Center Park Director Rader and City Manager McDonald, Probably under the heading of "Closing the door after the horses are out," I would like to strongly urge you to consider this option. Knowing what I know about playgrounds, and construction of the same, I would encourage you to consider purchasing the Super Nova for the Civic Center Park at this time. I know that this was an "alternate" piece to fill the empty place in the main container at a later time. I also know that the committee was very interested in this piece. Here is my thought: Purchase it now and have it installed at the same time that the rest of the equipment is. It is going to cost more to remove the wood fiber, fabric, and drain tile to install it later. This is a small price for the play value that it will bring to the playground. I would propose that the cost of it be covered by the Park Infrastructure Fund.. Please let me know your thoughts on this. Again, thank you to the committee and our staff for bringing forward this project. Landscape Structure is a GREAT company that makes a good product. It will be fun to see the final product. Respectfully Submitted, John A. Elder, Councilman City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 763.531.5100 Main 763.913.1472 Mobile jelder @ci.new - hope.mn.us 2 Jul 26 12 1 1:10a LEXEM Midwestl layscaPes, Inc 500 north Pine Street # 104 Chaska MIV 55318 C 952 - 457 -2950 O 952 - 361 - 3504 softail87@integra.net City of New Hope 4401 Xylon Ave N New Hope Mn 763 - 531 -5100 763- 531 -5136F Susan Rader Comments or Special Instructions: fn compliance with your request, we provide the following: Quote in effect until July 312 Shipment 8 -9 weeks ARO 9524403864 p.1 DATE 7/2512092 Location Address Same P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS MFINNEGAN Sept Best 55378 net 30 QUANTITY DESCRIPTION 1 G YX916 Super Nova Galaxy by Kompan Playground Solutions Thanks For this opportunity THIS QUOTE DOES NOT INCLUDE THE FOLLOWING: PREVAILING WAGES,ESCAVATION UNKNOWN CONDITIONS SUCH AS ROCKS REMOVAL- TREE STUMPS, UNLOADING OR STORAGE OF EQU!PMEN PLEASE MAKE PO TO: MIDWEST PLAYSCAPES INC Approved By Date SIGNED BY: � Matt Finnegan L UNIT PRICE AMOUNT 6976 6976 SUBTOTAL 6976 FREIGHT 460 INSTALL 480. 00 TAX 569 $ 6, 505.00 CITY OF NEW HOPE CONTRACT WITH MIDWEST PLAYSCAPES, INC FOR THE Plea SUPPLY AND INSTALATION OF PLAY EQUIPMENT AT CIVIC CENTER PARK For valuable consideration as set forth below, this contract dated the 13th day of August, 2012, is made and signed by the City of New Hope (hereinafter "City") and Midwest Playscapes, Inc. (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in Exhibit A (Plans and Specifications). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $8,668.00 dollars (eight thousand six hundred sixty eight), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 1 st day of November, 2012. Total amount of this contract shall not exceed $8,668.00. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 1 st day of November, 2012 (hereinafter "Completion Date "). 5. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right -of -ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor s not assign or transfer, whether by a� i assignment i �ent or notation � or ot1 lei vYise, 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 Matt Finnegan, Midwest Playscape, Inc. 500 Pine Street, Suite 104 Chaska, MN 55318 (952) 361 -3504. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Susan Rader, Director of Parks and Recreation 4401 Xylon Avenue North, MN 55428 (763) 531 -5152. Contract Page 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By Its Ma br By �. Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this e?3 day of 2012, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respecti ly, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. a VALERIE LEONE NOTARY PUBLIC • MINNESOTA *commssimExor®s Jan. 31,2015 - Notary Public Contract Page 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged be Un3Sr4 1 2 012, by of (hid 44 . v- scesoes . ANNE M. LENTSCH [9::TARY PUBLIC - MV ESOTA ommission E*es Jan. 31, 2017 CONTRACTOR i i this day of on behalf of a n-m Notary Public Jul 26 1211':10 LE} EM Imo' 6 f I A 0 north Rila Sitr?:t # 104 Ch is ske MIV 5,F5 j a C 952-457-2950 0 952-36 s0ftaH67@intvgr--.n.-'t GitY of New Hop & 4401 Xylon Ave N New Hope Mr, 763-531-5100 763-531--5136F Susan Rader Comments or Special InstrucHms: In compliance wdi your request, weprovida the k Quote in effact until July 31 2012 Shiprrant 8-9weeks ARFC 9524-403864 !).'1 DATE M25IM2 Locafion Address Same P-0- NUMBER SHIP DATE SHIP VIA F�Q.El. POINT 7 - f-' R WS 3 7 8 MFINNEGAN Best T - mt 30 I QUAN DEScRjpnoN p/aygra und Thanks For this opportunity L- QL 030TRUCLUXETHE FOLLOWNZ3: UNKNC" CONWIONS SUCH AS MOCKS RYWOVAL TREE, MUIAPS, UNWADING uR STORAGE Of FQUI P1.1�2,7 FLFASCMAC--P0 7 0: WXWEST 1JLAY8Q; hi ; App�ovcd By S Date X1 - L SIGNED BY; Matt Firneg I @1r: UNIT PRICE AMOUNT 6976 P R E: I Q �'HT 460 1 NIST AL L 480. fJ0 TAX !49 j 4 Stantec July 2" %J V , w. stantec Consuiting sr -Mt;as inin. 2335 Highway 2 West PrAul WN %511 S i (e51) i3; 600 Fax: (661) 636 -1311 Guy John's>crl City Uf Nevl. 5500 International Farkwav lNew Hope, MN 5G428 Ra. Civic Faeg Cm Play Ai ity , y A rja - Approve Play Equipment Quote/contra(A Meal Projact NO.; 900 Stantec Project No.: 193602 Deaf Ouy: Tie play equipment for �he Civke Park Ournmunib! Piny Area has been ciatertninod through a comrm,Wty de.�= L M; process 9,nd Vie quotco anu coo2tfuction contract are ready for review. . I 1"' T jc� wta I quote for L�e - ril2y eqoip-nmm !ti $00,39U for site Tmprovarnz�ir - 11 , 19 i�quiproenl includes ucluro a P11 yshapar.2 - & play simukire1plaotbiter spinner, two saddle , n i an Fvoz 6 -V plFy Or , a t Lr spim a 7-panel Mobius 01 aaC n 3 Uay swing sot. The quote also louN. equipment foonnga, ft,e,ght, install -aJon and tumxes. If Cau.iicA ahucpau to mcwe fumard with this oonircct, City staff could tiuihor zi Landscape Structures to resin ri me equipment otics quotes are recolvad tor tho surrounding site improvements. The target detak for this work to i)e connpieted iz by the end of August. The contract i ssued by Flagship Recreation, the !ocal repress nta tive of Landscape 61mclures, Inc, is Included in the Coouncil pa. Graphics showing the final design, as well as preliminary designs suhmitted with Undscapa :Amcklrez, PleywoNd Systcnis and Kornpan equipmenlaro iricluded In the packet as vieli, ij'you have airy questioris or mquira furthof infbrm-:Aon please call me at (661) 967-453Aj. sint;erely, STAN'TEC Kr�ite Larnalis, P.L.A. Landsmij,-, Ardhltect Attachments: Flagship Rucmcation OucAe for cquipanerit Flagship St3to TAd UsIL Certification Final M ister Pivn - 2;5hads 1-81 • F[rial Equipment Graphic Frelimirary Equipment c*ncapL;.'mrri LSI, 1 Systems and Konaptia Cc: John Slais Steve Ellingson -Ocw Hots; Chris Long - Stantec. - MIDWP -1 OP ID: CB ' � CERTIFICATE OF LIABILITY INSURANCE DA;8 /3DDdYYYY) 08/30/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 CT CIA In urance LS Office 553- 5662621 N 122 W. Main 563- 566 -0906 PHO P _ P.O. Box 38 Lime Springs, IA 52155 Darrel J Elsbemd INSU S AFFORDING COVERAGE INSURBRA: WESTERN HERITAGE INSURANCE CO. INSURED Midwest Playscapes, Inc. EIsumRs.GRINNELL MUTUAL REINS CO Midwest Playground Contractors INeURERC 500 N Pine Street - Suite 104 Chaska, MN 55318 INSURER D: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 11115 IS IV UERTIFY 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 OF INBuRANCE OFF POLICY EXP POLICY NUMBER M!D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0 A X COMMERCIAL GENERAL LIABILITY SCP0891377 05/20/12 05120!13 p $ 100,0 g varlce CLAIMS -MADE Ex OCCUR MED EXP jAny one person) $ 1,00 PERSONAL ✓kADV INJURY $ 1,000,00 GENERAL AGGREGATE i S 1,000 GEN - L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 3 1 POLICY F PRO LOC $ AUTOMOBILE LIABIYTY MBINED SINGLE LIMIT a 11000100 B ANY AUTO 000015 ? 749 0.4 0 4124/13 BODILY INJUR (For person) S ALL OWNED X SCHEDULED X BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS Per.,L E S S UMBRELLA LAB H CLAIMS-MADE OCCUR EACH OCCURRENCE b AGGREGATE S WCESS LIAR DED I I RETENTION$ S WORIE118 COUPENBATION WC STATU- OTH AND EMPLOYERS' LIABILI Y VIN E.L EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERMEMBER EXCLUDED? N/A DISEASE - EA EMPLOYEE $ (MandatM In NH) If Ir describe under 0 98 SG�RIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATI0118 / VEMC).E8 (Aflaoh ACORD 101, Add tonal Remarks Schedule, it mom apme le 1"Wm) CERTIFICATE HOLDER CANCELLATION CITYN EW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of New Hope THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Susan Rader ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Avenue North AUTHORIZED REPREMMAnVE New Hops, MN 55428 Darrel J. Elsbemd 0 1988 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD OP ID: RB A R ° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 08/30/12 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 763 -536 -8006 Insurance Advisors, Inc. 763- 398 -4060 15020 27th Avenue N. Plymouth, MN 58447 W H. Card NAME 1 PHONE E-MAIL PRODUCER ci rcmiuoo in x M I DWE34 INSURED Midwest Playscapes Inc. IN A:West ort Insurance Corporation Angie INSURER B: 500 Pine Street N, Suite 104 INSURER C: Chaska, MN 55318 INSURER D: INSURER E: COVERAG 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I--] OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY M PRO LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA L EXCESSLWB 7 R LS -MA DE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y IN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) M es, describe under DESCRIPTION OF OPERATIONS below NIA WWC3031676 12/13/11 12/13/12 X WCSTATU- OTH- E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION CITYN -1 City of New Ho Y H op e 4401 Xylon Ave North New Hope, MN 55428 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 LL) J.Q L. -_ A . 4")- , �2 ACORD 25 (2009/09) 01988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS AUTO COVERAGE FORM DECLARATIONS ITEM ONE Policy Number: 0000498276 Account Number: 007084932 Named Insured: MIDWEST PLAYSCAPES INC GR/NNHL TUAL Nf(NSrlAANCE- COMPANY 4215 HIGHWAY 146, PO BOX 790 GRINNELL, IA 50112 -0790 800 -362 -2041 Agent #: 7251 01- 155 -70 A ITEM TWO SCHEDULE OF This policy provides only those coverages where a charge is shown In the premium below. Each of these COVERAGES AND coverages will, apply only to those "autos" shown as covered "autos ". "Autos" are shown as covered "autos" for a COVERED AUTOS particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage. A single limit of liability is provided. The single limit should not be multiplied when more than one unit or premium is fisted for a coverage. COVERAGES COVERED AUTOS LIMIT THE MOST WE WILL PAY FOR ANY ONE PREMIUM ACCIDENT OR LOSS LIABILITY 1 $ 1 $ 1, 68 PERSONAL INJURY PROTECTION (P.I.P.) SEPARATELY STATED IN EACH P.I.P. ENDORSEMENT, MINUS orequivalent No - Fault coverage) 5 $ * DEDUCTIBLE $ 26 ADDED P.I.P. (or equivalent added no -Fault coverage) SEPARATELY STATED IN EACH P.I.P. ENDORSEMENT. $ AUTO MEDICAL PAYMENTS $ $ UNINSURED MOTORISTS UM 6 $ 100,000 $ 13 UNDERINSURED MOTORISTS (when not included In LIM Coverage) 6 $ 100,000 $ Incl PHYSICAL DAMAGE ACTUAL CASH VALUE OR COSTTO REPAIR, WHICHEVER IS COMPREHENSIVE COVERAGE LESS MINUS $ * DEDUCTIBLE FOR EACH COVERED AUTO, BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE 7 1 OR LIGHTNING. Is 30 PHYSICAL DAMAGE ACTUAL CASH VALUE OR COSTTO REPAIR, WHICHEVER IS SPECIFIED CAUSES OF LOSS COVERAGE LESS MINUS $ 25 DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. $ PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST TO REPAIR, WHICHEVER IS COLLISION COVERAGE 7 LESS MINUS $ * DEDUCTIBLE FOR EACH COVERED AUTO.$ $ 1.16 PHYSICAL DAMAGE $ * FOR EACH DISABLEMENT OF A PRIVATE PASSENGER TOWING & LABOR AUTO. $ FORMS AND ENDORSEMENTS APPLYING TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE t: PREMIUM FOR ENDORSEMENTS $ ESTIMATED TOTAL PREMIUM SEE SCHEDULE ATTACHED $ 3 t Forms and Endorsements applicable to this Coverage Part omitted if shown elsewhere in the policy. $ See ITEM FOUR for hired or borrowed "auto ". See Schedule Attached. ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN a IF THIS BOX IS CHECKED, SEE SCHEDULE ATTACHED ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED IF THIS BOX IS CHECKED SEE SCHEDULE ATTACHED AUTO COVERAGE AND PREMIUMS Lai ITEM FIVE SCHEDULE FOR NON - OWNERSHIP LIABILITY a IF THIS BOX IS CHECKED SEE SCHEDULE ATTACHED ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS — LIABILITY IF THIS BOX 15 CHECKED, SEE SCHEDULE ATTACHED COVERAGE — PUBLIC AUTO OR LEASING RENTAL CONCERNS ITEM SEVEN SCHEDULE FOR GARAGEKEEPERS COVERAGES AND PREMIUMS ® IF THIS eoX IS CHECKED SEE SCHEDULE ATTACHED ITEM EIGHT SCHEDULE FOR PHYSICAL DAMAGE COVERAGE — TYPES OF IF THIS BOX IS CHECKED, SEE SCHEDULE ATTACHED COVERED AUTOS AND INTERST IN THESE AUTOS — PREMIUMS — REPORTING OR NONREPORTING BASIS AUTOS HELD FOR SALE THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PARTTHEREOF, COMPLETE THE ABOVE NUMBERED POLICY. rMR 1 1-08 1rT� des p ht % material f Insurance Servic s O yv�t its permission. A gent C ODUU�� 76 CDK 02/28/12 1 .2 Customer IV 10UNT41/� Page COUNCIL �Or1 Originating Department Parks and Recreation : Susan Rader, P &R Director Request for Action Approved for Agenda December 10, 2012 Agenda Section Consent Item No. By: Kirk McDonald, Ci .: Motion accepting a contribution from Landscape Structures, Inc. for equipment with a value estimated in the amount of $3,365 Requested Action Staff recommends acceptance of this generous donation from Landscape Structures, Inc. The donation of a bench, bike rack, trash receptacle and recycling container has been placed at Civic Center Park near the newly remodeled playground. Background Civic Center Park is located at 4401 Xylon Avenue North. The previous play equipment was approximately 22 years of age and was replaced with new equipment this fail. The equipment was purchased from and installed by Landscape Structures, Inc. Once the installation had been completed, Landscape Structures was extremely pleased with the result and asked if they could take photos to use for an upcoming catalog. City staff agreed. Landscape Structures then told city staff that they would also be interested in making a donation of several items that could then be included in the photo shoot. Donated Items: Value: Park Bench $1,000 Bike Rack $450 Trash and Recycling Containers $1,150 Concrete Slabs $765 The items were installed in October. The donation is greatly appreciated. Attachments Pictures of donated items; Landscape Structures 2013 catalog pages Motion by �,(�(,,(_ Second by To: I: \ RFA\ P &R\ PARKS \ 2012 \ R -900 Civic Park Park equipment donation.doc s . mAN -7\" . -� -' w � E y � y o; ;p * r MCI h r I „ ILa IT s ��r A i �•^ 6 ,'.- d�S�'"{ �• 1 .�- � T L'^b' � � '� ' fl �F '•` + yam ! . [., e 111 1111,16 F� a te:' _ •,X, ;- _ F IZ Center Park l New Hope, Minnesota To vart' / product IX6 n, Design No. 3592 This playstructure includes the following vW1 Minimum area required 31'x 25' play components: (9,45 m x 7,62 m) ASTM Slides Enclosures • Double Poly Slide • Driver Panel Maximum fall height 32" (0,81 m) Climbers Roofs • ABC Climber • Square Poly Roof • Loop Arch Climber ADA Transfer • Pod Climber' . Curved Transfer Color Palette D shown Bridges & Ramps Module •Arch Bridge Denim Vanilla Tangerine Denim You may also like: 18 O Visit playlsi.com /Find - Playground- Designs to view, color or print these and more designs • 888.438.6574 33 Design No. 436 1 � Iu . I W Ilk 7 , Ce pa rk New Hope, Minnesota Design N0. 3593 This playstructure includes the following Minimum area required 43'x 40' play components: (14,63 m x 12,19 m) ASTM slides & Gliders Bridges Maximum fall height 88" (2,24 m) • surf slide • Swiggle Stix' Bridge Climbers More Fun • 3alancewnder" Blendere' Spinner "limber • Hemisphere Climber' Color Palette D shown • O -Zone' Climber • RingTangle Climber This photo contains additional PlayShep r° and D. rdm V r ng.rI.. D.r,im Freestanding Play components not Included In this Playground design. 66 FAC £� Y ou • like Design No. 3411 rl,ir O Design No. 3562 1"1 Visit playisi.eom/Flnd- Playground - Designs to view, color or print these and more designs • 888.438.6574 67 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Consent Parks and Recreation December 10, 2012 Item No. By: Susan Rader, P &R Director By: Kirk McDonald, City Manager 6.10 Resolution approving final pay request to Landscape Structures for Civic Center Park project (improvement p roject no. 900) in the amount of $13,760 Requested Action Staff recommends that the City Council approve a resolution to accept the new play equipment for Civic Center Park (project #900) and authorize final payment to Landscape Structures in the amount of $13,760. This final payment brings the playground equipment improvement project total cost to $80,900, which is the exact amount of the contract. 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. L ackgr o and Civic Center Park is located at 4401 Xylon Avenue North. The play equipment was last replaced in 1990 and at twenty -two years of age was the oldest play equipment in the park system. As this is a "community park ", staff was interested in developing plans of a non - traditional playground style, focusing more on creative play. A planning committee was formed with CAC members, a Planning Commission member, city engineers and city staff who met a number of times to study the best type of equipment to recommend and developed plans that would meet the park needs and compliment the City Center vision. The final plan was approved by the City Council in July 2012. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Resolution Letter from city engineer Contractor's invoice in the amount of $13,760 Motion by ��'�(,�� Second by _ To: I : \RFA \P &R \PARKS \2012 \R -900 Civic Park Park play equipment finaling out.doc City of New Hope Resolution No. 2012 -11 Resolution approving final pay request to Landscape Structures for Civic Center Park project (improvement project no. 900) In the amount of $13,760 WHEREAS, the city entered into a contract with Landscape Structures for the purchase and installation of playground equipment for Civic Center Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the playground installation improvement project #900 and approve final payment to Landscape Structures, in the amount of $13,760; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Landscape Structures. 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 Civic Center Park, improvement project #900 from Landscape Structures 2. That the city manager is hereby directed to authorize the final payment of $13,760 to Landscape Structures. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 10 day of December 2012. Mayor Attest: City Clerk I: \RFA \P &R \PARKS \2012 \R -900 Civic Park Park play equipment finaling out.doc Stantec December 3, 2012 Stantec Conetulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North, New Hope, MN 55428 Re: Landscape Structures, Inc Equipment for Civic Center Park Play Area Improvements Project City Project No. 900 Project No. 193802183 Final Payment Dear Honorable Mayor Hemken and City Council: Attached find the final pay request and the IC -134 form for the supply and installation of play equipment at Civic Center Park. The equipment manufacturer, Landscape Structures, Inc, has completed this work in accordance with the contract; therefore, it is recommended that final payment of $13,760 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $80,590.00. The contract ii cluded no change orders, and so tl ie r-inai Con Str uiiU1 i Al i 1UU1 it is $ ° 8 ^ 0,590 as well. The equipment was supplied by Landscape Structures, Inc., but installed through their local representative Flagship Recreation. Although the work is fully installed, one item remains to be addressed. At this time, the corkscrew spinner attached to the main Evos structure does not turn as freely as expected. Flagship Recreation has emailed their intention to adjust the joint as necessary so that the component spins as intended. Flagship Recreation has committed to repairing this before the play season starts in the spring, and noted that it will probably be fixed within the month. As Flagship Recreation has been proactive about managing the quality of the play equipment and the installation, we recommend paying the contract out in full at this time. Should you have any questions, please feel free to contact me at 651 - 967 -4534. Sincerely, STANTEC CO NSULTING SERVICES INC. Katherine M. Lamers Project Manager, ASLA Attachments: Final Pay Request, IC -134 Forms Cc: Steve Ellingson, John Blasiak — New Hope; Chris Long, Jason Petersen - Stantec ki/T landscape structures° ATTN: Bill To; 7097 City of New !'.cpa 4401 Kylon Avenue North New Hoke, NIN 554.2U USA Dealer: 157 Flagsaip Recreation Ship Date 09 -05 -12 ,''Lip; via Contract Hauler Freight Terms FreighL Prepaid Payment Terms Net 30 days Project Name Civic Park Invoice Nbc. CI5431 A Cus*.omer Sales F.nvoice Page Grder Order Pate 7- 201230 U811493 09 -05 - 1 Ship To: 70897 City of New Hope 4401 Y Avenue No::t - h New Pope, M.N 55428 USA Ln Item!'Pax't Sell Required No Number UiK Qty Me: Civic kar;k Cull. 24 houLa prior to Mark McLaughlin 0 507 -6n6 -0170 P&M Part A- Playshaper P& : Pnrt: B - Fvos CUSTOM FREIGHT QUOTE ON THIS SOB Shipped Qty 1 671014- 111687 EA I 1 PLA SHAPFR PLAYGROUND 2 672500- 01 -000 132155A EA 1 1 DOUBLE POLY 3 •IDE F-:3 DIRECT BURY T[aNGERINE SLIDE WITH TANGERINE FOOD FOR A PLAYSHAPER 32i DECK 3 6 -01 -000 13b346B EA 1 1 POD CLIMBER PS PLAYSHAPER 24i DE %F. WITk VANILLA DI&FCT BURY SUPPORTS TANGERINE PODS DANK (RAY HANDRAIL /HANDLOOP DENIM /BLACK PERMALENE PANEL 4 672602-01-000 -01 -000 139262A EA 1 1 PS LQOF ARCF DIRECT BURY 32i t)L;CK VANILLA LOOP AF0'1 DSN PERMAL3I4E 5 67.4503 -01 -000 152432A UA 1 1 ABC CLIMBER PS PLAYSHAPER 32 DEC , DIRECT BITR'i DARK BRAY PLANK AND SUPPORT DENTMi /BLACK PERMAL: NE F7A.1ELS 6 672504 0QO 11134CA EA 1 ARCH BRIDGE-LRN DECK ONLY FLA.YSFiAPER 1*2i ARCH FR'TP WITH DENIM /BLACY, 'r$RMALENS ` ."w]7,LA A eT:AC:,3N ",NT :t3kl�'KETa AND LARK GRAY BRIDGE DEeK Continued on D ext page ft;i 7th ' +-i tt, !`c'I: i.n, hiN :+ al s, <1 t£j.ii's / }, F�f, 7rad f7 ?,dla r6kysl.c�rm jt' landscape structur'er ATTN: Customer Sales Invoice Page Bill Z'o: 70997 Order Order Data City OS: New Hope 4401 Xylon Avenue North 7- 20123C U91.193 09 -05 -13 2 New Hope, NLN 55.128 USA Slim To: 70897 Dealer: 157 Flagship Re creation City of New Hope Ship Date 09 -05 -12 s401 Xylon Avenue North Shia? Via Contract Hauler Mew Hope 14N 55429 Freight Terma Freight; Prepaid USA Payment Terms Net 0 Jaya Project Name Civic Park Lin. It em /'.'art Sell Required Shipp6d No Number UM Qty Qty 7 672505-0 1-0011 111288A EF. 1 1 DRIVER P14L FOR PLA.YSRAPER WITH DENIM/BLACK I'EPCYfE�t�r,i1N' AND DARK GREY WHEEL 9 672500 -01 -000 1792:57 EA 1 1 SQUARE POLY ROC-F (1PC) PS FLAYSHAI'MF W11H STANDARD LOGO TANGERINE /BLACK PI RMALENE LOGO PANEL TANGERINE ROOF DENIM ROOF SLEEVE: 9 672507- 01 -OOU 1112371. EA ] 1 PS SQ TENDERDECK DARK GRAY SQUARE TENDERDEk,K 10 672508 -01 -000 11749 €A EA 2 2 PS TR1 TIa'I DERDIaCK DART* OkA'i TVI TEXV13RDECK 11 072509- 01 -OCO 15307011 EA 1 1 CUI67B XeR MDL W /HRAILS PS FLAYSHr'':PFR DIRECT BURY ATTACHING TO 32i DECK WITH LEFT Ii UND ENTRY DART: G ;AX DECK /STEP DArK GIRAY HANDPAILS AND DENIM /BLACK PERT- tALENE PANELS 12 6 01 -000 179362A EA 1 1 KICK PI.,ATE 90* TRI - DECIZ PLAYSHAPEL WI'T'H 6i /si DI DIFrEPENCE DARK GhK! TENDEPTUFF 13 903826 30 -314 111396D EA 1 1 PS ROOF PST DB 002 POST NBR 2 + *` ** DENIN PLALSHAPER POST FOR 32"i DECK WITH 2ER= 'di, FLANG99 :rRQ 14; FLANGES ONE '24i FLANGE ONE RH DECK FL U4(4E ONE LIB DECK FLANGE 'TWO INSERTS 14 90.1830- 30 -3i4 111396D EA 1 i Continued on next sage 1'01 7t I: S1. ,:,ut1L Lit bolo, MI's Sy l el 76a.' �f'; +5��, �%S ;,.f i .ua�•i. f :x ltr3 ,:l.tyt *Lta�it stru diJ A:. TN : E.i 11 To. 70897 City of New Hcpc 4401 Xylon A*re uk� North New Hope, MN 5:438 Uw a Dealer: 157 Fl:ayah'lp Re- Ship Date 09 -05 -12 Ship Via Contra.:,t Hauler Freig''at Texma Freight ^repaid Payment Terms Net 30 days Project Name Civi^ Park Ln Item./Part Sell Required Nl-) iim ber C7M !qty PS ROOF PST DB U04 POST N}iR 4 * * " ** DENIM MirYSHAPER POST FOR 32i DECK WITH ZEPO 8i FL_MIGES ZERO 14i F•LANGEP ONE 24i FLPd4GE ONE RH DECK sIXNGE ONE LH DECK. FIA14GtE TWO INSERTS 15 903829-30 -3 "4 111396D EA 1 PS ROOF PST PH 003 POST RBII 3 * * k * * DENIM FL,hYS 1A' ?FR POST FOR 32i LECK WITH .ZERQ 81 FL..NGES ZEFO 14 FLANGES TWO 2 4 i F ONE Rl. DZCK FLANGE 02' E LH DECK FIANCE ZERO INSERTS 16 903827 -30 -314 111a9CD EL I P- ROOF PST DB 001 POST ABR 1 * * * * * DL NIM PLAY SH1:M POST FOR 321 DECK WITH ZERO 8i FLANGE: ZERO 14i Fj,ANGES TWO 24i FLANGES ON73 RH DECK FLANGE (:NE LH DECK FLANGE Z ZRil INSERTS 17 903533 - 1 1 0 - 314 1113 97D E A 1 PS DECK PST DB 007 POST NBR 7 * c * ** DENIM PLA7SHAPER POST FOR 32i DECK WITH ZERO 141 FLANGES rwo 24i FrJANGES ZERO INSERTS ONE RH DECK. FLANGE 014E LH DECI'. FLANGE ZERO 8i FLANGES 18 903832 -30 -314 111397D BA 1 EIS DECD PST DB 006 POST XSP 6 **A** DENT14 PLAfSHAPE:i? POST FOR 3a DECK WITH ZERO 14i FLAI4CES TWO 241 FLANGES ZERU INSERTS ONE PH DECK FLANGE ONE LH DECK FLrkNGE ZERO p4 FLANGES 19 903531 -30-314 11139 ?L' EA 1 FS DECK PST DB 005 POST NBR. 5 r* * ** DENIM PLAYSHArER POST FOR 321 DECK WITH `'ET'') 14i FLANCFS TWO 24i Ccr inued c +n next page cat:: t<omer saleo Invoice: Pare Order Or =der Da: ?-e 7 2412SO U31493 09 05 - 12 J Ship To: 70P97 City of New Hope 4401 Xylcu Avenue Ncxth Idew Hope, MN 5S4'J8 USA Sh ir=p ed Qty 1 1 1 1 u-01 th ,t• .•,u h ! , i;i MN ab? 1 6, t 7. � 'i; l a „ ,'Sc3.ti'; ra:< 7V 9 t : ploylsi cG,iiti stf?/t landscape structures AT"•:N: Bill To: 70897 City of New Hope 4401 Xylon Avenue North New ]lope, 'MN 55428 USA C' 3tomer Sales invoice Page Order Order Date 1- 101230 U8J49.'. C:2- 05 -' 4 Ship To: 10597 L"•ealar: 157 Flagship Recreation City of New Hope Ship Dare 09- 05 - 1 - ': 4401 X - lc-n Aven -xa Noz'th Ship via Contract Hauler New HoPe, MN 3542:, - Freight Terms Freight Prepaid. USA Payment TerLnZ Net 30 days Project Name Qi% -ic Pack Ln Ite*n /Part Jell F.equired Shipped No Number UGI Qty Qty FLANGES ZERO INSE LT.;3 ONE RH DECI. FLANvE ONE Li DECK FLAI4GE ZERO Si FLANGES 20 903834 -30 -314 111397E EA 1 1 PS nECY. SST DE 008 P+ OT ITER 8 * *k ** r2VIM FLAYSHAPER POST FOR 24i DECK W1`111 ZERO 14i FLXQG36 TWO 243. FLANGE s ZERO INSERTS ONE PH DRCY FLANGE ONE I,H DECK F LANCE ZERO di FLANGES 21 10131 -00 -017 EA 1 1 T/U PAINT 4.5oz CAN IF- 7632 VANILLA 22 10121.5 -00 -017 101215 EA 1 1 MSDS SHEET T/U PAINT 017 MSDS SHEET FOR VF:NILLA TJT1(K -UP PAINT 23 101219 -00 -311 EA 1 1 T%U 2AIN 4.5oz CAN 24 1 +11'-15 -0f) -314 101215 I?.A 1 1 MSDS SHEET T/U PAINT 311 ASPS SHEET FOR DENIM TOUCH -UP PAINT 25 101219- 00 - '�19 EA 1 1 T/U PAINT 4.5oz CAN 26 10121 -00 '319 101215 EA. 1 1 MSDS SF?EET T/U PAINT 3.19 MIDS SHEET FOR TAIIGEPINF TuUC H -UP PAAI1vT 27 146007 -00 -000 FA 1 1 BIT 5/16 6-LOBE T -45 TAMP G- L•J;?E T -45 TAMPER- PESIS Continued on next page: ter;l IN l•'1 iz .z) l'. ,:.1, pi* a /; t ..L i , K' ''v 4i i.: phlylsi.•-0111 landscape structures• ATTN : Bill Tc: 70897 City of New hope 4401 Xylon Avenue North New hope, MN 35428 USA Customer 2a.es Invoice Page Order Qrder Dat c; 7- 201230 U61433 09-05-12 5 Ship To: 70397 Dealer: 157 Flagship Recreac.ion City of New Hc)p : Ship Date 09 -05 -12 4401 Xyian !�venne Nort — h S Ap Via Contract hauler New Hope, MN 55428 Freight Terms Freight Prepaid T'SA Payment Terms Net 30 days ProieCt Fume C4:viC Park Ln Item ,'P,art No Number Sell. Required "M Qty Shipped Qty 5416i HEX BIT 2$ 146017- 00 -OCO FA 1 1 KEY 5/161 G -LOBE T -45 6 -LOBE T -45 TRMPER- RESISTANT KEY W REN CH 5,1164 29 115 -76 -00 -000 EA 2 LIBEL FD 3 ,Rr WAFNING ASTM W /PSRMANENT ADHESIVE (HEAVY COAT WEIGHT) 30 19.21'"1, -00 -000 EA 2 LABEL I N'rANG LLMENTWARNXNi W /r1EP&,ANEN'i ADIIEi::1VEE (HEAVY COAT WZIGHT> 31 1822.. -00 -000 EA 2 2 LABEL HOT SURFACE WARt7ING W/PFRMANEAT. ADHES1 (Hi AVY COAT WEI1.1HT) 32 156845 -00 OCO Eli 2 2 LABEL PLAY SAFE 2 -5 YRS W/PEF:tAM ENT ADHESIVE (HEAVY CIJAT WEIGIiT) 33 672511-01- lli6-1 3 EA 1 1 CUSTOM MAINTENANCE KIT PLAYGROUND /5 ATEPARY. MAINTEN2UC'E KIT 34 672513-03--000 157501 I"A 1 Z EVOS PLAYGROUND 35 672514 -01 -000 132180,A EA 1 1 EJ SGL WAVE POLY SLIDE EVOS VANILLA CLAMP RETAINF VA -VILLA CROSSGVuR a_T+II) CE(-'K P1.ArFQ VANILLA DIRF'CT C!nati,yA;3d on next rill %iita 5 ^lrtti, G•: Lt.,n I'i.:! ;,_ �c:,'�� +I y ..,, .-:Ss'?1 iS >t'3: it„ +.'.11, Fd3 ,i::�.:7.'vl:ai, rlelykt �.am Jkl i l , landscape structure .w. ATTN: 8311 TO' 1 ;0691 City of New Hope 44U1 Xylon Avenl.e Nortxi New Hope, MN 55428 USA Dealer: 357 Hlagsh Recreal..ion Ship Date 0 9 -05 -12 Ship, Via Contract Hauler ?re! grit Texims Freight Prepaid Paymat Terms Net 30 days Project Name Civics Fazk Ln Iteml'1' =.rt Sell Re ul ea No Number. UM Qty BURY LADDER AND SUPPORTS WITH TANGERINE POLY ELIDE DENIM STEEL PANEL BARRIPR 36 672515 -01 -000 156448A EA 1 O -ZONM DIRECT BURY VkNIT. -LA 1UPPORT FOOTERS 4'ANILi A RING CAP TANGERINE POLY RING Custcoex Sales 1 r - voice Page Order C'rder Date ?-201230 li81493 0'' -n5 -12 6 Ship To: 70997 City of New It: 44:01 X lon Avenue North Nex Hope, MN 554::8 USA SY:ipr ed Qty 1 37 672517 -01 -006 156462A EA 1 RINGI "A<'IGLE EVOS DIRECT BURY OVERHEAD VAN:t'Tji A CC:MT'O'r1FL�T ATTACHED VANILLA POD CLAM:'S TANGERINE E -PODS 38 672518 -01 -000 160252A EA 1 EVOS BAk,A110EWINDER CUMR EV0q DIRECT BURY VANII -LA COMPONENT 'MANILLA CLAMPS AND BLACK CABLES ?9 672519 -01 -000 1564:,OA EA 1 SWIGGLR STIX EVOIS DIRECT PUPY VANILLA CLAMP RETA_NERS VANILLA COMPONENT TANGERTNR PODS 40 67'. -01 -000 ISC46CA EA ?. BLENDER EVOS DIRECT BURY VANILLA CLAMP RETAINLRS VANILLA SPINNER COMFOUENT 43 672521 -01 -000 17S165A EA 1 EVOS 4 ARCH N.AINST EVi1 DIRECT BURT DENIM ARCHES VANILLA BALL CLAMPS 42 672522 -01 -000 15643 9A EA 1 BALL CLMP A:,Y NO SURF EVoS VANILLA BALL CLAMP ASt;EMHLV - NO CLAMP SURFACF3 1 1 1 1 1 1 43 6725 1564400 EA 4 4 Continued ryn ne:.:t p «gc e�?i ; rl,'.� •,�a ' ��,.�� :,. I Ld ;;r',,�t lel .i 7' :!.';n1. ?J�S.�F ;. ._..� f ax , i.. 7: <li +, NhYl�i cnm ATTN Eill To: '10897 City of New Hope 4401 RYIoa Avenue North New H.:)pe, MN 55438 USA Dealer: 157 Flagship Recreation Ship Date 0,4 -05 -12 Ship Via - 'untracvt hauler Freight Terms Fxaiaht Prepaid Payment Tei'n,e Net 30 days Pr�j dame Civic Park Ln Itern /Pa.i t Sell Required No x7umb it UM Qt.y BALL CLMP F':SY 1 SVRF EPOS VA11ILLA BALL CLAMP -A - r,- ASSEMBLY - ONE CLAMP SURFACE 44 672524 -01 -000 1564141A E?! 2 BALL CTIMP ASY 2 SURF 90 �''7 %S T- ANULT,.,A BALL ''L,�, °:L' .A_P. ASSEMBLY - TWO CLAMP SURFACE, 90 DEG Custcmev Gales Invoice Pa e nvier order Da to 7- 10123^ T38-' 09 -05 -12 7 Ship To: 70897 City of Ne Hope 4401 :ylon .Avensa.e Nor New Hoge VN 55428 JSA Shipped Qt• 2 45 672525- 01 -UGU 157586A PA 1 1 BALL CLMP ASY 2 :SURF 180 EVOS VANILLA. BALL CLAMP -E -E- ASSEMFLY - TWO CLAMP SURFACES 130 DEG 46 672526 -01 -000 111743 EA 1 1. INDEP PLAs COMPONEb? ^-S 47 6 -Ul- 000 i50w37A EA 1 1 IMOP::(S CLIMBER 7 -PANEL INDEPENDENT DIRECT TJORY VANTLT.A SUPFOR': POSTS VITH CLEAR ANODIZE PA S 48 6725 -01 -000 i521 EA R 2 EADDLE SPINNER INDEPENDENT 30. SEAT BEIGHT DIR33C:T BURY VANILLA LEG TAI4GER:INE SEAT 49 672529- 01 -00n 15435 A F-h 1 1 IP ORBITER -3 SPINNEk TRIPLE GRIXTER DENIM POST VANILLA COMPONENT VANILLA STAND3NO POST ASSEMBLY VANILLA CLA DARK GREY WHEEL /f'LA'1'FORM 5L 101219 - 00017 RA 2 2 T/U PAINT 4.502 CAN IF- 75'32 VANI LLA 55 101215 -00 -017 11'11215 FA 1 1 M.S= 2HEET T/U PAINT 017 MSDS SHEET FOR i'ANILLF. Continued on next page k � i1 'C ,i *uth, 161 71, d?: tC3 .. it ' , FILyu.1 ^um t ructuies ATTN: Bill To: 70897 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 USA Dealer: 157 Flagship re cr�-at iun Ship Dati 09 - 05 - 12 Ship Via c nC-radt Haular Freight Terms Frei ,3ht Prepaid. Payment Terms Net 30 days Proiect Name Civic Park Customer Sale8 Invoice Pale Order order Late 7- 201230 U814_�? 0:o- 05 -12' R Ship To: 70Fti7 city of New Hope 4401 ;Cvlon Avenue North New Hope, W 514:8 USA Ln Item /Part Nu Number sell UM F.equi.Yed Qty Shipped Qty TOUCH -UP FAINT 57 101219 -0G -314 EA 2 2 7'/ U PAINT 4 . 5oz CAN 58 101215 - - 314 101215 EA 1 a MSDS SHEET 7`!U PAINT 314 MSDS SHEET FOR DENIM TOUCH -UP PAINT 59 146007 -00 -000 'iA 3 BIT 5/16 6 -LOBE T -45 TAMP 6 -LOBE T -45 TAMPER- F.ESTS'1'ANT 5/161 HEX BIT 60 146017 -00 -000 E 3 a:EY 5/161 6 -LOBE T..45 6 -LO2E T -45 TAMPER - RESISTru4'P F..?,Y WRENCH 5/3.6i 61 11517x-00 -000 EA 4 4 LABEL HE) SRF WARNING 1!.S' 'A W/ PERMAt+fF:NT ADHESIVE ('.43AVY COAT WEIGHT) 62 162212 -00 -000 E'>< 4 4 LABEL ENTANGLEMENTWAt2NING W /PEPMA113NT ADhE IVF (HEAVY COAT WEIGHT) 63 1£12213 -OU -000 EA 4 LABEL HOT SURFACE WARNING W /FERMAN2VT ADHESIVE (HEAVY COAT WEIGHT) 64 15C847-00-000 FA 4 4 LABEL PLAY SAFE 5 -12 YR W /PEPMANE'NT ADHESIVE (HEAVY COAT WEIGHT) Cont , an 11ext. page 601 i'th ;L.' ;0' ;tn, l:_?I 'fJ'+ sY: , 1 nl 1Ga...:? 71, r <,;'I 1, F.t 7 _ ...':•itt' 0AY15i, 0n; it& landscape structures° ATTS Bill To: 70697 City of New Hope 4401 Xylon Avenge North New Hope, W4 5::428 LISA Dealer: 157 Flagship Fec ieatdi -,n Ship Date 09- 05 -_1.2 Ship Via Contract Hauiei• Freighz Terms Freight Prepaid Pay nenr.. Texms Net 7,0 days Project Name Civic Park �n Item /Part Sell Required No Number Um QLy 65 67251,5 -01 -000 11.1648 FI A 1 CUOTUM mAinrENAwR I!IT PLAY3ROUND /SKA'1 EPkRIt MATNTENENCE YIT 66 672ZO2- 01 -060 182503A EA 1 AfJE-*AFNII;TG WELIJ'ONE SIGN L,SI PROVIDED WGE APPROPRIATE /WARNII40 WELCOME SIGN DENIM DIREt'T BURY P09f AND WITH 2YE14R - 5 EARS SIGNAGE n7 G72604 -01 -000 182c;03C: EA 1 'AGE /WARNING WELCOME SIC;N LSI PR�4IDED .'iGE AP`PPQ,PRIATE /WARN'_'NG WELCOME SIGN DENIM DIR:1 CT BURY POST AND WTTh 5YEARS - 12YEAF i SIGIdA( E 68 677500 -01 -000 111784 EA I PART NUMBER IS rOR PILE OF SWINGS ONLY Ttist- ala.ation To ensure proffer credit, please REMIT include involce nvmber CT;43 on your remittance and forward to; LANDSCAPE STRUCTURES IRNQ . 4astemer gales Invc: _ c - Page Order. Order Date 7- 201230 U81493 09- 0:� -1? 5 Ship To: 70857 City of New Hc.1pe 4401 Xylo z Avenue NurtD, New Hope, MN 55426 USA Shipped Qty 1 i 1 1 13,760. 00 Cont?.nved or, nest page E'"l i th St. r" M il, t' IWi'• 0 5 : ,.:3• fef 4�1 landscape structurer ATTN: Bill To; 70 Cit;f of New Ror,? 4401 Xylon Avenue: North New Hope, MN 55428 USA Dealer: 157 F lagship Recreacion Ship Date 09 -f�5 -12 Ship Via Concr Ct. Hauler Freight. Terms Freight Prepaid Payment Terme, Net 30 days Pre j ec t Name Civic: Park La Item /Pare No Number Sell Required UM Qty SD3 12 -0395 PO BOX 86 MINNEAPOIIS, MN 55486 -0395 0 i•usi-omer Sales invai've Pace Or.'lea Order Pate 7- 2012'x0 U81493 09 -05 -1d 10 , ,'hip To: 70897 City of New 4op3e -1431 Yyl.c n North N , w Hope NO S s426 VSN Cty Your Amount Representative is: 1.50 %- Finance Chaxoe per Montt Iwpcsed 3tae:ey Sc hramel - 1- 388 - 208 -9570 After 30 days oL Tn - voice Date -u: 7tli St. u:5 t: ne:.+ua, i ir; is C ;u.5. '! '.,a �I. ;:, ;F?..t, r =i , Fix 7'., a�6.,, r►E.sylai,�ara tate.tdYAAZp /retrieve ?type= PrintF riend &key 1= 1036851712 &key 2= 1766214698 MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 4- Dec -2012 9:25:37 AM Confirmation Number: 1- 960- 904 -960 Name: FLAGSHIP RECREATION LLC ID: 1256939 Affidavit Number: 1810841600 Project Owner: CITY OF NEW HOPE Project Number: 900 Project Begin Date: 9/1/2012 Project End Date: 9/28/2012 Project Location: CIVIC CENTER PARK NEW HOPE Project Amount: $80,590.00 Subcontractors: Sub Name Sub ID Sub Affidavit Number WILLOW CREEK NUSERY LLC 6220333 953712640 You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the 'Printer Friendly View" button. Please print this confirmation page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.usltp/retrieve?type=PrintFriend&key 1= 1 036 851 71 2 &key 2= 1766214698 111 Originating Department Parks and Recreation : Susan Rader, P&R Director I By: COUNCIL Request for Action Approved for Agenda November 12, 2013 Kirk McDonald, City Manager Agenda Section Consent Item No. 6.5 Resolution approving final pay request to Hoffman & McNamara Co. for Civic Center Park project (improvement project;900) in the amount of $2,711.74 Requested Action Staff recommends that the City Council approve a resolution to accept the site work for the new play equipment at Civic Center Park (project #900) and authorize final payment to Hoffman & McNamara Co. in the amount of $2,711,74. This final payment brings the playground site work improvement project total cost to $67,793.50, which is $2,069.50 less than the amount of the contract. The lower cost is due to less material quantities required to complete the work. All necessary paperwork has been received from the contractor including an IC 134. Staff recommends release of the final check. Background Civic Center Park is located at 4401 Xylon Avenue North. Prior to this project, the play equipment had last been replaced in 1990. At twenty-two years of age the equipment was the oldest play equipment in the park system. As this is a "community park", staff was interested in developing plans that are of a non-traditional playground style and focused more on creative play. A planning committee was formed with CAC members, a Planning Commission member, city engineers and city staff who met a number of times to study the best type of equipment to recommend and developed plans that would meet the park needs and compliment the City Center vision. The playground was installed during the fall of 2012. The majority of the site work was done in the fall with the remainder completed in the spring. Over the summer and early fall, staff and the city engineer have worked with Hoffman & McNamara Co. to fix an area of the trail and some sod near the playground container that had settled. All necessary site work has been completed. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) The resolution, a letter from the city en ineer, and the contractor's invoice in the amount of $2,711.74. Motion by Second by To: I. \RFA\P&R\PARK5\2013\R-900 Civic Park Park play equipment site work finaling out.doc Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-13T 1 November 4, 2013 File:193802183 Attention: Susan Radar City of New Hope 4401 Xylon Avenue north New Hope, MN 55428 Reference: City Project #900 — Civic Center Park Community Play Area Improvements Final Payment Dear Susan, Enclosed find the final pay request and the IC -134 forms for the above referenced project. The contractor, Hoffman & McNamara Co., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $2,711.74 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $69,863.00. The contract included no change orders. The Final Construction Amount is $67,793.50, which is less than the Original Contract Amount. This project had a $2,069.50 under run, which was due to less material quantities required to complete the work. If you have any questions or require further information please call me at (651)604-4808 Regards, STANTEC CONSULTING SERVICES INC. Af r Christopher W. Long, P.E. c. Steve Ellingson — New Hope; Kate Moorman Lamers, Adam Martinson, Rohini Ray, Jason Petersen — Stantec. City of New Hope Resolution No. 2013 -fit 7 Resolution approving final pay request to Hoffman & McNamara Co. for Civic Center Park project (improvement project #900) in the amount of $2,711.74 WHEREAS, the city has entered into a contract with Hoffman & McNamara Co. to complete the site work for the playground equipment project for Civic Center Park, and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the site work for improvement project #900 and approve final payment to Hoffman & McNamara Co., in the amount of $2,711.74, and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Hoffman & McNamara Co. 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 Civic Center Park, improvement project #900 from Hoffman & McNamara Co. 2. That the city manager is hereby directed to authorize the final payment of $2,711.74 to Hoffman & McNamara Co. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 121h day of November 2013. �i11Lf Mayor Attest: 6LWt City Clerk 1: ;RFA\ P&R\PARKS\2013\R-900 Civic Park Park play equipment site work finaling out.doc Owner. City of New Hoe 4401 X fon Ave. N. New Ho For Period: 10/20/2012 to 10/29/2013 Contractor: Hoffman & McNamara Co., 9045 180th St. CONTRACTOR'S REQUEST FOR PAYMENT CIVIC CENTER PARK COMMUNITY PLAY AREA IMPROVEMENTS STANTEC PROJECT NO. 193802183 CITY PROJECT NO. 900 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor: HOFFMAN & MCNAMARA CO. Specified Contract Completion Date: 183802'. 83R E p 3FI NA L. k s m 3/FINAL S 0.00 0.00 Approved by Owner: CITY OF NJEW Date: 2013 No $ 64 863.00 $ 69,863.00 $ _ 67,793.50 $ 0.00 $ 674793.50 $ 0.00 $ 67 793.50 $_ 65,0.81.76 $ 0.00 $ 2,711.74 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 900 STANTEC PROJECT NO. 193802183 CONTRACTOR HOFFMAN & MCNAMARA CO. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retaina a Completed 1 08/01/2012 109/26/2012 $59,088.57 $3,109.92 $62,198.50 2 09/27/2012 10/19/2012 $5,993.19 $2,711.74 $67,793.50 3/FINAL 10/20/2012 10/29/2013 $2,711.74 $67,793.50 Material on Hand Total Payment to Date $67,793.50 Original Contract $69,863.0[ Retainage PaNo. 3 FINAL Chan a Orders Total Amount Earned $67,793-50 Revised Contract $69,863.00 19 3802183 RE Q 3 FI N Ai. x Is m No. Item BASE BID: 1 MOBILIZATION 2 SITE GRADING 3 REMOVE MODULAR PLAY EQUIPMENT CONTAINER 4 REMOVE BITUMINOUS TRAIL 5 REMOVE CONCRETE WALK 6 REMOVE 55 GALLON DRUM FRENCH DRAIN 7 REMOVAL EXISTING BENCH 8 4" PERFORATED DRAINTILE 9 4" NON PERFORATED STORM SEWER 10 CORE DRILL CONNECTION TO EXISTING CATCH BASIN 11 BITUMINOUS TRAIL 12 4" CONCRETE WALK 13 CONCRETE RAMP 14 CONCRETE PLAYGROUND CURB 15 SYNTHETIC RESILIENT SURFACING 16 ENGINEERED WOOD FIBER 17 PLAYGROUND MATS 18 PLACEMENT OF SAND 19 GEOTEXTILE FABRIC 20 SODDING, LAWN TYPE 21 BIOLOG 22 PROTECTION OF CATCH BASIN, STREET 23 6' BENCH TOTAL BASE BID: TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE 193802183REQ3FINALadsm $67,793.50 $67,793.50 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 $6,400.00 1 $6,400.00 L5 1 $6,400.00 1 $6,400.00 LS 1 $3,400.00 1 $3,400.00 SY 180 $4.50 180 $810.00 SY 83 $8.00 83 $664.00 LS 1 $150.00 1 $150.00 EA 1 $150.00 0 $0.00 LF 160 $15.25 160 $2,440.00 LF 125 $12.00 125 $1,500.00 EA 1 $570.00 0 $0.00 SY 201 $36.00 201 $7,236.00 SF 800 $8.50 833 $7,080.50 EA 1 $513.00 1 $513.00 LF 250 $39.00 250 $9,750.00 SF 325 $29.00 180 $5,220.00 CY 34 $75.00 65.867 $4,940.00 EA 6 $425.00 6 $2,550.00 LS 1 $1,600.00 1 $1,600.00 SY 500 $3.00 500 $1,500.00 SY 365 $8.00 580 $4,640.00 LF 315 $3.00 170 $510.00 EA 1 $490.00 1 $490.00 EA 1 $1,100.00 0 $0.00 $67,793.50 $67,793.50 $67,793.50 MINNESOTA- REVEI-,TUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved, Confirmation Summary Confi TnationNlunber: 0-504-741-632 Submitted Date and Time: 28 -Oct -2013 11:21:48 AM Legal Name: HOFFMAN & MCNAMARA CO Federal Employer ID: 41-1343614 User Who Submitted: Ken Partch Type ofRequest Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date; Project End Date: Project Location: Project Amount: 51-1213568 5520215 CITY OF NEW HOPE CIVIC CTR PPA IMPROVEMENTS 01 -Aug -2012 31 -Oct -2012 CIVIC CENTER PARK, NEW HOPE, MN $67,793.50 Subcontractor Summary Name ID Affidavit Number BITUMINOUS ROADWAYS INC 8225235 1180991488 CURB MASTERS INC 2207114 1234960384 FLAGSHIP RECREATION LLC 1256939 1529626624 Important Messages A copy ofthis page must be provided to the contractor or government agency that hiLcd you, Contact Us Ifyou need fulher assistance, contact our Withholding Tax Division at (Metro Area) 1651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday, How to View and Print this Request Ken Partch From: eservices,mdor@state.mn.us Sent: Monday, October 28, 2013 8:56 AM To: Amanda Litz Subject: Your Recent Request This email is an automated notification and is unable to receive replies. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-706-131-200 Submitted Date and Time, 28 -Oct -2013 8:55:43 AM Legal Name: BITUMINOUS ROADWAYS INC Federal Employer ID: 41-0646864 User Who Submitted: litzam Type of Request Contractor Affidavit Submitted: Affidavit Summary Affidavit Number: 1180991488 Account Number: 8225235 Project Owner: CITY OF NEW HOPE Project Number: 2121 Project Begin Date: 13 -Sep -2012 Project End Date: 22 -Aug -2013 Project Location: NEW HOPE CIVIC CENTER Project Amount: $5,402.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Witbholding.tax@state,mn.us, Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. ak17V-i9-2012 11:23 FROM:FLAGSHIF RECREATION 7635507864 TO:6514379050 P.1/1 n. Lflplreldove7type,P&LFrkmd&kay INW77932Mkey2=1432005792 e .. MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy oftNs page: MUST be provided to the contractor or goverrawnt agency that fired you. Submitted Date and Tuns: 19 -Nov -2012 1036:54 AM Confirmation Nu mber. 0-374583-552 Name: FLAGSHIP RECREATION LLC M: 1256939 Affidavit Number. 1529626624 Project Owner: CITY OF NEW HOPE Project Nun-ber: 2121 Project Be& 'date: 1.011.12012 Project End Data; 10/3/2012 Project Location: CIWC CENTER PARK, NEW HOPE, MN Project Am4tmt: $4,104.00 Subcontractors: Sub Nemo Sub ID Sub Affidavit Number ALPINE LANDSCAPE INC 3261802 759693312 You can. always see copses ofyour transactions by 90bg to your Requests tabyour Home page. For a paper copy ofthis confirmation: click on the 'printer Friendly View" button. Please for your records using the print or save fimctionality bust into your browser. it l/,B sll"W.MWor elate• titin-uehpRaglere?ty pe=Pdn%Frienddhay 1w867?a920&kay2z1W2a0578z 11t traps://www.Tradorstuz.zm.us/ip;`r,Llrjeve')t).KPdntFriend&key1=15... Your Contractor AffidaNit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired. you. Submitted Date and Time. 8 -Jan -2013 11:07:54 AM Confirmation Number: 1-641-306-368 Nana;:: CUR MA STT --'RS INC ID: 2207114 Affidavit Number: 12349611384 Pro cet 011 -mer: CI1Y OF NEW 110PE Projuct Number: 4724 Project Begin Date: 8/30/2012 Project End Data: 8/3112012 Projtxt Location: CIVIC CENTER PARK COMMUNITY PLAY AREA - NEW HOPE Project Amount $13,923.50 Subcontractors. No Subcontractors You can always see copies of your transactions by going to your Requests ta.byour Home page. For a paper eopy of this eonfumation, click on the "Printer Friend% View" button. Please ` for your records using the print or save functionality built into ) our browser. 1 01' 1 1180013 11:09 AM