Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
IP #891
For the full report on this improvement project, refer to the City Council agenda packets and /or Planning Commission agenda packets. PROJECT NO. 891 Cleaning, televising, inspecting sanitary sewers Res.11 -117 8/22/11 Resolution approving plans and specifications and authorizing the solicitation of bids for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes (project no. 891) Res. 11 -134 9/26/11 Resolution awarding a contract for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes to Infrastructure Technologies, Inc. for $127,340.80 (improvement project no. 891) Res. 2012 -101 6/25/12 Resolution approving final payment of $6,057.80 to Infrastructure Technologies Inc. for cleaning, television, and inspection of the city's sanitary sewer collection system large diameter pipes (improvement project no. 891) COUNCIL aim Originating Department Public Works Request for Action Approved for Agenda September 26, 2011 Agenda Section Development and Item No. By: Guy Johnson By: Kirk McDonald, 8.2 Resolution awarding a contract for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes to Infrastructure Technologies, Inc. for $127,340.80 (improvement project No. 891) Requested Action Staff requests approval of a resolution awarding a contract for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes to the low and responsible bidder, Infrastructure Technologies, Inc., in the amount of $127,340.80. The engineer's preliminary construction estimate was $125,000. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background Staff annually cleans one -third to one -half of the city's 270,000 feet of 9" sanitary sewer pipe. The city also contracts out the televising and inspection of approximately 40,000 feet of 9" sanitary sewer pipe annually, and relines between 1,500 and 3,000 feet (depending on pipe diameter) of sanitary sewer pipe annually. The televising, inspection, and relining of the city's sanitary sewer collection system are components of the city's I/I reduction program that was initiated in 2003. From 2004 to the present, these initiatives have been an annual maintenance activity as staff and the City Council have realized the long term benefit of both the continued reduction of Inflow/Infiltration of groundwater into the sanitary sewer system and the importance of extending the life of the city's infrastructure. Motion by To: Second by I:RFA \ Pubworks \ 2011 \8912011 Sewer Trunk Line Cleaning Award Contract Request for Action September 26, 2011 Page 2 The initial contractual cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes took place in 1991. To help alleviate possible liability issues for the city from sewer backups and to continue to be proactive with the city's I/I reduction program, staff recommends that the large diameter pipes be cleaned, televised, and inspected. There is approximately 60,000 feet of large diameter (12" — 36 ") pipe in the city. Plans and specifications were prepared by the city engineer, and on August 22, 2011, Council approved the plans and specifications, and ordered advertisement for bids. The proposed project schedule is: • Review bids and award contract on September 26, 2011 • Start inspection in October 2011 Funding Bids were received from two firms on September 16, 2011, with the low bidder being Infrastructure Technologies, Inc., at $127,340.80. Funding for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes would be from the city's sanitary sewer fund. Attachments The engineer's memorandum, the resolution awarding the contraci, and a copy of the bid tabulations are attached. I:RFA \Pubworks \2011 \8912011 Sewer Trunk Line Cleaning Award Contract City of New Hope Resolution No. 11 -134 Resolution awarding a contract for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes to Infrastructure Technologies, Inc. for $127,340.80 (improvement project No. 891) WHEREAS, the Council approved plans and specifications and ordered bids for implementation Technologies, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes is awarded to Infrastructure Technologies, Inc; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, He epin County, Minnesota, this 26th day of September 2011. Mayor Attest: �.- City Clerk of the cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes; and, WHEREAS, the Council does hereby determine to proceed with the cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes; and, WHEREAS, the advertisement for bids for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes was published in the New Hope - Golden Valley Sun Post, the official newspaper of the city, on September 1, 2011, and in the Finance & Commerce publication on September 1 and September 8, 2011; and, WHEREAS, the bids for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10:30 a.m. on September 16, 2011; and, WHEREAS, the bid of Infrastructure Technologies, Inc. in the amount of $127,340.80 for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes is the lowest responsible bid submitted; and, WHEREAS, staff has recommended that Council award the contract to Infrastructure Technologies, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes is awarded to Infrastructure Technologies, Inc; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, He epin County, Minnesota, this 26th day of September 2011. Mayor Attest: �.- City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636-4600 Fax 651- 636 -1311 www.bonesbw.com September 19, 2011 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning Project City Project No. 891 Project No. 000034 -11237 Bid Results Dear Honorable Mayor and City Council: Bonestroo Bids were opened for the Project stated above on Friday, September 16, 2011. 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 two Bids. The following summarizes the results of the Bids received: Contractor Total Base BId Low Infrastructure Technologies, Inc. $127,340.80 ik7 Amerirnn Wwrlrn ce —s T... d- , 'I nn-3 ,..... ...—., i��V. pi », -Tw.30 The low Bidder on the Project was Infrastructure Technologies, Inc. with a Total Base Bid Amount of $127,340.80. This compares to the Engineer's Estimate of $125,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Infrastructure Technologies, Inc. should be awarded the Project on the Total Base Bid Amount of $127,340.80. Should you have any questions, please feel free to contact me at (651) 604 -4838. Since� l, / E Mark A. Hanson P.E. Enclosure Project Name: 2011 Trunk Sanitary Sewer TalmAsing, Inspection, and Cleaning I hereby cwW dot ffi& is an enact Bonestroo Clem Project No': 891 Project No.: 00003411237-0 Bid Opening: Friday, September 16, 2011, at 10:30 A.M., CDT Owner CitV of New H AfarkA P.E. Ltense A0:14260 BID TABULATION Bidder No. 1 Bidder No. 2 Irkrastructeae Technologies, Inc. American Hydro SerACI* Inc. Item Num Item Una Qt Unit Price Total Unit Rice BASE BID: 1 33" SANITARY SEWER CLEANING LF SOW $1.33 $6,729.80 $2.96 2 27" SANITARY SEWER CLEANING LF 5120 $1.33 $6,809.60 $2.96 3 24' SANITARY SEWER CLEANING LF 17790 $1.33 $23,660.70 $2.96 4 21" SANITARY SEWER CLEANING LF 5450 $1.33 $7,248.50 $1.88 5 20" SANITARY SEWER CLEANING LF 640 $1.33 $851.20 $1.88 6 18" SANITARY SEWER CLEANING LF 3250 $1.33 $4,322.50 $1.88 7 15" SANITARY SEWER CLEANING LF 6050 $1.33 $8,046.50 $1.88 8 12" SANITARY SEWER CLEANING LF 16210 $1.33 321,559.30 $1.14 9 33" SANITARY SEWER TELEVISING LF 5060 $0.61 $3,086.60 $0.85 10 27" SANITARY SEWER TELEvaNG LF 5120 $0.61 $3,123.20 $0.85 11 24' SANITARY SEWER TELEVISING LF 17790 $0.61 $10,851.90 $0.85 12 21' SANITARY SEWER TELEVISING LF 5450 $0.61 $3,324.50 $0.85 13 20" SANITARY SEWER TELEVISING LF 640 $0.61 $390.40 $0.85 14 18" SANITARY SEWER TELEVISING LF 3250 $0.61 $1,98250 $0.85 15 15" SANITARY SEWER TELEVISING LF 6050 $0.61 $3,690.50 $0.85 16 12" SANITARY SEWER TELEVISING LF 16210 $0.61 $9,888.10 $0.85 17 MANHOLE INSPECTION EA 231 $25.00 $5,775.00 $15.00 I8 BYPASS PUMPING HR 80 $75.00 $6,000.00 $175.00 19 REVERSE TELEVISING EA 20 $0.00 $0.00 $50.00 20 TELEVISING AND INSPECTION f EPORT LS 1 $0.00 .00 $100.00 TOTAL BASE BID Contractor Name and Address: Infrastn=re Technologies;, Inc. 21040 Commerce Blvd. Rogers, MN 55374 Phone: 1763-428-6488 F ;r-7 Signed By:�R�rd Quag Tlde: PresdeM Bid Security: Bid Bond $6,1 can Hydro Services, Inc. S. 27th Street S'Alle, WI 53126 C^:'J 000034112370sr BT-1 Stantec Consulting Services Inc. `« 2335 Highway 36 West St. Paul MN 55113 ` Tel: (651) 636 -4600 Fax: (651) 636 -1311 Stantec Bonestroo September 27, 2011 Mr. Richard Quast Infrastructure Technologies, Inc. 21040 Commerce Blvd. Rogers, MN 55374 Re: City of New Hope, Minnesota 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning Project City Project No. 891 Project No. 000034 -11237 Notice of Award /Contract Documents Dear Mr. Quast: You are notified that your Bid dated September 15, 2011, for the above - referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $127,340.80 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 6113.13 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: Mr. Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing Ste 201 Minneapolis, MN 55416 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Infrastructure Technologies, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Kirk McDonald 1 copy Bonestroo (now Stantec), Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO (now STANTEC) Christopher W. Long, P.E. Enclosures: Four Contract Documents cc: Mr. Kirk McDonald, City of New Hope Mr. Steven Sondrall, City Attorney JENSEN SONDRALL & PERSELLIN, P.A. AMANDA M. FURTH GoRDoN L. JENSEN' ADAM J. KAUFMAN MELANIE P.PERSELLIN STEPHEN M. RINGQUIST STEVEN A.SoNDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa Attorneys At Law October 13, 2011 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2011 Trunk Sanitary Sewer Televising, Inspection and Cleaning Contract With Infrastructure Technologies, Inc. Our File No.: 99.10030 Dear Val: personal delivery Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Infrastructure Technologies, Inc. All are in order from a legal standpoint. I will deliver them to the City for signing on October l5"'. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director P:\Attorney\SAS \I Client Files\2 City of New Mope \99 -10030 (Public Works general)U.eone Its 2011Trunk Sanitary Sewer Cleaning Imp 891.doc 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -88113 TELEFAx (763) 493 -5193 writer's e-mail - sas @jspattorneys.com , Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 MaI - * Bonestroo September 27, 2011 Mr. Richard Quast Infrastructure Technologies, Inc. 21040 Commerce Blvd. Rogers, MN 55374 Re: City of New Hope, Minnesota 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning Project City Project No. 891 Project No. 000034 -11237 Notice of Award /Contract Documents Dear Mr. Quast: You are notified that your Bid dated September 15, 2011, for the above - referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $127,340.80 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: Mr. Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing Ste 201 Minneapolis, MN 55416 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Infrastructure Technologies, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Kirk McDonald 1 copy Bonestroo (now Stantec), Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTR00 (now STANTEC) Christopher W. Long, P.E. Enclosures: Four Contract Documents cc: Mr. Kirk McDonald, City of New Hope Mr. Steven Sondrall, City Attorney mil October 14, 2011 Mr. Richard Quast Infrastructure Technologies, Inc. 21040 Commerce Blvd. Rogers, MN 55374 SUBJECT: 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning - Project No. 891 At its meeting of September 26, 2011, the New Hope City Council approved the contract with your company for project no. 891 for $127,340.80. Enclosed please find: • Two contract documents. Please submit one to your bonding company. • Return of your bid security. • Withholding Affidavit for Contractors/IC -134 form (we cannot make final payment to contractors , ,mill Alis ,s approved by t :e 1:�i „ LL esota Depart:: + of Revenue and sub.�.itted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec Consulting Services Inc. at 651- 636 -4600 if you have any questions regarding the project. Sincerely, Valerie T one City Clerk, CMC Enclosures cc: Guy Johnson, director of public works Chris Long, Stantec CITY OF STEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 554284898 + www. ci.new- hope.mn.us City Hall: 763- 531 -5100 -� Police (non - emergency): 763 - 531 -5170 • Public Works: 763 - 592 -6777 . TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 • Police Fax: 763 - 531 -5174 • Public Works Fax: 763- 592 -6776 CONTRACT DOCUMENTS CONTRACT DOCUMENTS Televising, Inspection, and Cleaning City of New Hope, Minnesota August 2011 Project No. 000034- 11237 -0 eonestroo DOCUMENT 00 91 13 ADDENDUM A 2011 TRUNK SANITARY SEWER TELEVISING, INSPECTION, AND CLEANING PROJECT NO. 000034-11237-0 NEW HOPE, MINNESOTA September 13, 2011 Number of Pages: _2 (includes this sheet) To: All Planholders of Record From: Bonestroo 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636 -4600 — General Office (651) 604 -4838 — Mark Hanson, 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 as soon as you receive it. Company Name © 2011 Bonestroo 1000034-11237-0 Date ADDENDUM A 009113 -1 SECTION 00 5210 - AGREEMENT FORM 1. Page 00 52 10 -1, Paragraph 4.02.A. Change the Substantial Completion date to November 15, 2011. 2. Page 00 5210 -1, Paragraph 4.02.A. Change the Final Completion date to November 23, 2011. SECTION 0150 00 — TEMPORARY FACILITIES AND CONTROLS 1. Page 0150 00 -1, Paragraph 1.02.A.2. Replace this Paragraph with the following: 2. See Section 33 08 31 for measurement and payment for Bypass Pumping. 2. Page 0150 00 -3, Paragraph 3.03.A. Replace this Paragraph with the following: A. See Section 33 08 31 for Bypass Pumping. SECTION 015120 — TEMPORARY CONVEYANCE OF WASTEWATER I. Remove this section in its entirety. LIST OF ATTACHMENTS 1. None. END OF DOCUMENT ADDENDUM A © 2011 Bonestroo 1000034-11237-0 009113-2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. /<�- hlit��� Katherine Warner, P.E. Date: August 15, 2011 License # 47666 END OF SECTION PROFESSIONAL CERTIFICATIONS ©2011 BOnestroo 1 000034 - 11237 -0 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0041 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C -700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 1200 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 50 00 Temporary Facilities and Controls 01 51 20 Temporary Conveyance of Wastewater 01 70 00 Execution Requirements SITE AND INFRASTRUCTURE SUBGROUP Division 33 - Utilities 33 08 31 Sanitary Sewer Televising, Cleaning, and Inspection END OF SECTION TABLE OF CONTENTS © 2010 Bonestroo 1000034-11237-0 0001 10-1 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 A.M., CDT, Friday, September 16, 2011, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2011 Trunk Sanitary Sewer Televising Inspection and Cleaning City Project No 891 In general, Work consists of Televising, Cleaning and Inspection the following approximate quantities: 5060 LF 33" Sanitary Sewer 5120 LF 27" Sanitary Sewer 17800 LF 24" Sanitary Sewer 5450 LF 21" Sanitary Sewer 650 LF 20" Sanitary Sewer 3250 LF 18" Sanitary Sewer 6050 LF 15" Sanitary Sewer 16210 LF 12" Sanitary Sewer 231 EA Sanitary Manholes Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $75 (for a paper copy), or a fee of $20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 with a check for a fee of $75 Bidding Documents may be vie;; at the ofFice of the City of New Hope and at the Issuing Office. Direct inquiries to Engineer's Project Manager Jason Quisberg at (651) 604 -4938. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS © 2011 Bonestroo 1000034-11237-0 00 11 13-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1- DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to the Bonestroo Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Bonestroo Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Bonestroo. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bonestroo Plan Room. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 002113-1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the SUDDlementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 0021 13-2 appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Ren flations 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 Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; INSTRUCTIONS TO BIDDERS © 2011 Bonestro0 1000034-11237-0 002113-3 H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails 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 INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 0021 13-4 Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal' item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to 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. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 002113-5 ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or avice- 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. 13.04A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 002113-6 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 11.023 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10 - Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and /or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUB]ECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 002113-7 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, exceot for statements that can be shown by_ clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21- SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-11237-0 0021 13-8 4* BIDDER: � Bonestroo DOCUMENT 00410 BID FORM 2011 TRUNK SANITARY SEWER TELEVISING, INSPECTION AND CLEANING CITY PROJECT NO. 891 PROJECT NO. 000034-11237-0 NEW HOPE, MINNESOTA 2011 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue N New Hope, MN 55428 -4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the a„� n.,o„ Op..ni f .... - --.4 i s a e .......id ng, Or w� .uc � to ge Not i AJ of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. AddenduM Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied 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. 000034- 11237 -0 n 2011 Swestroo 00 41 10 -1 BID FORM E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 3. The Bidding Documents are generally sufficient to Indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000034. 11237 -0 P 2011 Bonutroo 00 41 10 - 2 BID FORM 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 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price 00003411237 -0 z, 2011 Bonestm 0041 10 -3 BID FORM BASE BID: 1 33" SANITARY SEWER CLEANING LF 5060 $ • 11 Q $ 2 27" SANITARY SEWER CLEANING LF 5120$ 3 . $ 3 24" SANITARY SEWER CLEANING LF 17790 $ + 3 $ tAtIQ+ Q 4 21" SANITARY SEWER CLEANING LF 5450 $ 2 $ 5 20" SANITARY SEWER CLEANING LF 640$ + $ s + 6 18" SANITARY SEWER CLEANING LF 3250 $ $ , Q 7 15" SANITARY SEWER CLEANING LF p 6050 $ F $ C) 4 kp SQ 8 12" SANITARY SEWER CLEANING LF 16210 $ . $ S a 9 33" SANITARY SEWER TELEVISING LF 5060$ ] $ 10 27" SANITARY SEWER TELEVISING LF 5120 $ Q $ 11 24" SANITARY SEWER TELEVISING LF 17790 $ Q+ �g $ ] ,� 12 21" SANITARY SEWER TELEVISING LF 5450 $ U $ a S Q 13 20" SANITARY SEWER TELEVISING LF 640 $ 0 $ . o 14 18" SANITARY SEWER TELEVISING LF 3250 $ Q $ 15 15" SANITARY SEWER TELEVISING LF 6050 $ 00003411237 -0 z, 2011 Bonestm 0041 10 -3 BID FORM No. Item Units Qty Unit Price Total Price 16 12" SANITARY SEWER TELEVISING LF 16210 $ Q 1 $ %% - ( CA 17 MANHOLE INSPECTION EA 231 $ $ S, 9 IS QO 18 BYPASS PUMPING HR 80 $ S .OQ $ �D� O� WA 19 REVERSE TELEVISING EA 20 $ ` �1 — $ 20 TELEVISING AND INSPECTION REPORT LS 1$ $ d BASE BID d .7 I y ,8a 000039- 11237.0 fw 2011 Bonestroo 00 41 10-4 BID FORM A Partners Partnership Name: (SEAL) By: (Signature of general partner) A Corporation Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.. Corporation Name: �h�r 0.� C1� (SEAL) State of Incorporation: M If n f% .4SOA, Type (General Business, / ,.V By: l Name (typed or printed): Service, Limited Liability): y7 Q'1 . a "T%, (Signature) Title: Attest ^ ' CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): a. l (� LlO CA nn " A.r C Ql v j, I� .Les hn n SS 3 q q Phone No.: I (0 I YCI $ (V 4 &SO Fax No.: '1 cv 3 - 4 A . a - U 4 fi I 000034- 11237 -0 0 2011 Borw tm 00 41 10 -6 BID FOR'4 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.073 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 �I / 1 .5 2011. If Bidder Is: An.Individual By: Name (typed or printed): (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No.: Fax No.: 000039- 11237 -0 ® 2011 Bone tmo 00 41 10-5 BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034- 11237 -0 ® 2011 Bonestroo 00 41 10 -7 BID FORM Bond No. n/a BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Infrastructure Technologies, Inc. as Principal hereinafter called the Principal, and Old Republic Surety Company a corporation duly organized under the laws of the state of Wi sconsin -as Surety, hereinafter called the Surety, are held and firmly bound unto City of Hope 4401 Xy on venue Nort New Hope, MN 55428 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5$) of Amount Bid Dollars ($ ------------ ), 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 abid for 2011 Sanitary Sewer Televisi Inspection and Cleaning NOW 'i'll_FRFFORR,. if th Obligee shall accept the bid of the Principal and the Principal shah enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th 17P' ess w �rinci (Seal) ]3y. 4 Quast/President Naine/'1'itle day of September , 2011 V4itn a ly Glassing Garcia Infrastructur Technologies, Inc. Old Republic Surety Company Surety /� (Seal) B J ri M. Frederick Attorney -in -Tact ORSC 21328 (5/97) STATE OF COUNTY OF ss On this day of in and who executed the foregoing instrument and acknowledged to me that executed the same in his individual capacity. INDIVIDUAL before me personally appeared to me known and known to me to be the individual Notary Public STATE OF— COUNTY OF On this day of before me personally appeared to me known and known to me to be one of the firm of described in and who executed the foregoing instrument and he /she thereupon acknowledged to me that he/she executed the same as and for the act and deed of said firm. Notary Public STATE OF Minnesota COUNTY O Z ds VA. 98 CORPORATE On this 16th day of September 2011 , before me personally appeared Richard Quast to me known, who, being by me first duly sworn, did depose and say that he/she resides in "\$ (% ; that he/she is the President of - Infrastructure Technologies Inc the corporation described in and which executed the foregoing instrument; that he/she knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporate seal; that it was so affixed by order and authority of the Board of Directors of said corporation, and that he/she signed hi r name thereto by like or I!wnew osn GREGORY JAY RANTA - . NOTARY PUBLIC - MINNESOTA ,�. My Comm. Exp. Jan. 31, 2014 Notary Public SURETY STATE OF Minnesota COUNTY OF Hennepin as 1, Jami J. Wagner Notary Public of Hennepin County, in the State of Minnesota do hereby certify that Jeri M. Frederick Attorney -in -Fact, of the Old Republic Surety Company who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he /she signed, sealed and delivered said instrument, for and on behalf ofthe Old Republic Surety Company , for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Bloomington, MN in said County, this 16th day of September 4Not Pu a bl? A D 2011 -Z�' Jami J. Wagner Notary Public Form F5345 ? - - Minnesota "'' My Commiulw Expires January 31, 2015 COPARTNERSHIP as OLD RE aJ BLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PIREStNTS: 'I'lh6i3OLD REPUBLIC SURETY COMPANY, a' .Wisconsin stock fr surarice corporation, , as make, constitute and appoint, AVID W. CROWTHER, TIMOTHY S. GONSIOR, DOUGLAS H. CROWTHER, CAROL A; WEBER -, ONY D BECKER, JERI M FREDERICK, JENNIFER J SAYLOR, OF MINNEAPOLIS, MN' [rue and lawful Attomey(s) -in -Fact, with full power and authority not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver I affix the seal of the company thereto (if a seal is required), bonds, undertakings. recognizances or other written obligations in the nature thereof, (otherthan bail i ds, bark deposit* bonds, mortgage defloiency Bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self- Insurance r kers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds -lack lung bonds), as follows. :JL WRITTEN IAISTRVMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF 1.V9 ` ` I -UND1 5r. TROUSANI� DOLLARS ($500, 0 0 0) - - - - - - - - - ...FOR ANY S IN OLE 3LIE,AT.ION-, REGARDLESS OF TIDE NUMBER OF INSTRUMENTS I..8SL1ED FOR 'THE OBI;IGATION. mi to bind OI REPUBLIC SURETY COMPANY thereby anti ai l : of the acts of said Aftorneys -in -Fact, pursuant to these presents a fled and corifirr -ned. This document is not valid unless printed o colored background and : is multi - colored. This appointment is made :ler and by authority of the board of directors at . a: special meeting held on February 18, 1 .982, This Power of Attorney is signed and sealed facsimile uli'der and by the authority of the" foflowl6g resolutions 'adopted by the board of directors of the OLD REPUBLIC SURETY iMPANY on February 18, 1982 RESOLVED that, the president, any vice - president, or assistain' t vice president in conjunction with the secretary or any assistant secretary,.M4y appoint attorneys - in - fact or agents with authority as defined or limited in the instrument evidencing the appointment` in each; case, for'and on behalf of the company to execute and deliver and affix the seal' of the company to bonds, undertakings, recog- nizant es, :atid::suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. AMWE15 FURTHER any bond, undertaking, recogn¢ar or surepysFilp obligation shall beWilid and binding upon0le Company (I) when signed by the pr�dent,.any vice president or assistant vice prestderit, and a'ttepted and sealed (if a seal be required) by any secrettaryor assistant secretary; .or... (f k) when sigried by the president; any vice presiderit .-or assistant vice president, -secretary or assistant secretary. and. co*ersi. nodand seafod (if a seal be required) by a duly authom- edettorney -in -fact or agent; or (iii) when duly executed and soiled Prf a seal be:requi(ed) by one or more attorneys -in -fact or agents pursuant to,and.within -the lirits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FLIRTHER,thatthe signatui_ of any =at dhoMnd officer and the seal of the company may be affixed by facsimile to any Power of Aftmey or certification thereof authorizing the execu4on. and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the.company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its ?orate seal to be affixed this 21ST day of JULY, 2011. 0 0 - ,,,9M, OLD REPUBLIC SURETY COMPANY REy� ' ' ,IPOIyh 4= D • SEAL t SEAL i v — . > 3 O fM1 f gam£ : W .. '•. AsslstAnt Secretary President ' 7E'4F'WISCON6IN,'COUNTY O.F yUAUXESHA - SS On : 2277 ggTT day o f JULY, 2O 1 ' , personally cattle before me,. GERALD C. LEACH RICK A �tOH:NSO to me known to be thean ividuals and officers,of the OLD REPUBLIC- SUURETY COMPANY who execi:rfed::the above ument, and they each acknowledged the execution :of the s9me, and being by me duly sworn, did severally depose and say; they are said officers of the corporation aforesaid, and'that the seal affixed to the above instrument is the seal of the corporation, That said corporate seal and their signatures as such 6Mbers were duly affixed and subscribed to the said instrument by the authorlty di - ioard of directors.of said corporation. w � ? NbtarY. Public acv ..... My commission expires: . 12/02/2 012 TIFICATE the undersigned, assistant. secietary'of the ,SOLD REPUBLIC SURETY COMPANY, a Wisconsin. corporation. CERTIFY that the oing and attached Power of Attorhey remains in full force and has not been revoked; and furthermore, thaf the Resolutions of the board of tors set forth in the Power of Attorney, are now in. force. . )-2272 ,� „�,� Signed`and sealed at the City of Brookfield, WI this 16th day of September, 2011 `3 - of (SEAL lN n t.n /V C N , 'HUR t .J G TIR Assistant Secretary '?262 (3/10) Article VI Addendum Contracts The Infrastructure Technologies, Inc Board of Directors designates the listed officers or agents to enter into contracts or execute and deliver instruments in the name of and on behalf of the corporation, and such authority may be general or confined to specific interests. Designated Officers: • Richard Quast, President • John H Selvog, Vice President • Steve Reed, Secretary • Matt Huston, Treasurer LE Richard Quast, President J( ohn I S6N6g, dice President Witness: G �+c , / " C Steve Reed, ecretary On the 1'Day of personally came before me (3L ag N e lqo to me known to be the individuals and officers of Infrastructure Technologies, In o xecuted the Engve instrumen Notary Public /��.,., My commission expires _ //3/ / 0� =ALISSAM SrAWD WCO6At�SION 1,914008 SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Infrastructure Technologies, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Televising, inspection, and cleaning of the trunk sanitary sewer in the City of New Hope. ARTICLE 2 — THE PR03ECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2011 Trunk Sanitary Sewer Televising, Inspection and Cleaning for the City of New Hope. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Bonestroo (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completon and Final Payment A. The Work will be Substantially Completed on or before DeeemberZ-3, 2011 November 15, 2011111evised by Addendum A), and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before January 3'_,-2 November 23, 2011 (Revised by Addendum A). Substantial Completion Date shall be defined as the completion of all televising, inspection and necessary cleaning of all mains and structures included in the Project. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $100 for each day that AGREEMENT FORM © 2011 Bonestroo 1000034-11237-0 005210-1 REVISED BY ADDENDUM A 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 $100 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. B. 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 $100 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid of One Hundred Twenty-Seven Thousand Three Hundred Forty Dollars and Eighty Cents ($127,340.80). ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.0235 of the General Conditions and less AGREEMENT FORM © 2011 Bonestroo 1000034-11237-0 005210-2 REVISED BY ADDENDUM A 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affavl rnct, pro ^ and rfo,i�anro of t Wo % . D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site: the Contract Documents with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. AGREEMENT FORM © 2011 Bonestroo 1000034-11237-0 005210-3 REVISED BY ADDENDUM A 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: 2011 Trunk Sanitary Sewer Televising, Inspection and Cleaning. 7. Addendum 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. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AGREEMENT FORM © 2011 Bonestroo 1000034-11237-0 005210-4 REVISED BY ADDENDUM A 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 Severabiiity A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between 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 a. "coercive practice" means har o r threatening t0 1101111, dilly. �.iy Or indiret"Aly, pens Or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2011 Bonestroo 1000034-11237-0 005210-5 REVISED BY ADDENDUM A 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 oZJo , 2011 (which is the Effective Date of the Agreement). Owner: City of New Hope, Minnesota By: Attest: IL-4 10 ( z Address for giving notices: CLERK ill I ► -N ri Contractor: Infr aAr cture TVchnoogyW, Inc. By: st Pros Attest Address for giving notices: c Iy L�� Cs.�m nn Q.^cQ. vaS Wi S 7 tj Q ;' H OPE, M11 55428 Designated Representative: Name: Title: KIRK W ,.� •t d`*8e��..Q Address: Ci`EY ? 44'3 �. n.. i 4 �,�IE NO Phone NEW HO; hA N 5542 Facsimile: 763- 531 -5100 763 -531 -5136 License No.: (Where Applicable) Designated Representative: Name: A i / Ao,. Q V 4,si Title: P r j Address: S 4 /h C Phone: l u ' LAI R- Facsimile: d (9 qag END OF SECTION AGREEMENT FORM © 2011 Bonestroo 1000034-11237-0 005210-6 REVISED BY ADDENDUM A 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): Infrastructure Technologies, Inc. Old Republic Surety Company 21040 Commerce Blvd., Rogers, MN 55374 OWNER (Name and Address): 445 S. Moorland Road, Ste 400 City of New Hope Brookfield, WI 53005 4401 Xylon Ave. N., New Hope, MN 55428 CONTRACT Date: September 27, 2011 Amount: $127,340.80 Description (Name and Location): 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning BOND Bond Number: RCN - 0640749 Date (Not earlier than Contract Date): October 7, 2011 Amount: $127, 340. 80 Modifications to this Bond Form: NA Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR RINC L SURETY Company: z cr str t chn o s, inc Signature:` + (Seal) Old Republic Surety Company (Seal) Name and Ti, e: RicIf 3rd Quas t Surety's Name and Corporate Seal President By: Signature anflTific Jeri M. Frederick, Attorney - in - Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parries, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: (Seal) Attest: (�O jQyc.) Signature Meg Collison, Risk Management Representative SURETY Surety's Name and Corporate Seal By. Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. C -610 (2002 Edition) Originally prepared through the Joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated Generai Contractors of America, and the American Institute of Architects. 00 61 13.13 -1 I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3, If there is no Owner Default, Surcty's obligation under this Bond shell arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to distress 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 Contraotor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract, Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satistlod the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arnmim for a contract to be prepared fbr 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 Contmct, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a now contractor and with reasonable promptness under the eircum„tanocs: L After investigation, delemtine 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 par and notify Owner citing reasons therefor. 6, After Owner has terminated Contractors right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 43 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for. 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Cootract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3, Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed perfonnance or nmr performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Pace shall not be reduced or set off on account of any such unrelated obligations. No right of action shall aconte on this Bond to any person or entity other then Owner or its heirs, executors, administrators, or successors.. S. Surety hereby waives notice crony change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under ibis 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 thejurisdietion ofthe suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflictnte with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in scidemcnt ofinsurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2, Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, 12.3. Surety shall be deemed to be in default on this Bond 15 days after recoipt of an additional written notice from Owner to Surety demanding that Surety perform i:c obligations under this Bond, and Owner shell be entitled to enforce any remedy available to Owner. if Surety proceeds as provided in Paragraph 4.4, and Owner 2.4, refuses the payment tendered or Surety has denied liability, in whole or in part, without farther notice Owner shall be entitled to enforce any m r. dy a ' abl•; to Owner. Contractor Default; Failure of Contractor, which has neither been remedied nor waivad, to perform or otherwise to comply with the terms of the Comoro. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms therefr. FORINFO. RMATIONONLY — Name,AddressandTelephone Arthur J. Gallagher Risk Management Services, Inc. Surety Agency or Broker 3600 American Blvd. W., #500, Bloomington, MN 55431 Owner's Representative (engineer or other party) (952) 358 -7500 Bonestroo (now Stantec) 2335 Highway 36 West St. Paul, MN 55113 (651) 636 -4600 00 6113.13-2 STATE OF COUNTY OF as On this day of INDIVIDUAL in and who executed the foregoing instrument and_ acknowledged to me that executed the same in his individual capacity. Notary Public STATE OF COUNTY OF On this day of before me personally appeared to me known and known to me to be one of the firm of described in and who executed the foregoing instrument and he/she thereupon acknowledged to me that he/she executed the same as and for the act and deed of said firm. Notary Public STATE OF mij2nesota. COUNTY OF as J CORPORATE On this 7th day of October , 2011 , before me personally appeared Richard Quast to me known, who, being by me first duly swom, did depose and say that he/she resides in ; that he/she is the President of Infrastructure Technologies. Inc. the corporation described in and which executed the foregoing instrument; that he/she knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporate seal; that it was so affixed by order and authority of the Board of Directors of said corporation, and that he /she signed 's /her me thereto by like ord zyMl GREGORY JAY BANTA NOTARY PUBLIC - MINNESOTA My Comm w,p. Jan. 31, 2014 Notary P o SURETY STATE OF Minneso COUNTY OF Hennepin as 1, Carol A. Weber _ Notary Public of Scott County, in the State of Minnesota do hereby certi that _ Jeri M. Frederick Attorney -in -Fact, of the Old Republic Surety Company , who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he /she signed, sealed and delivered said instrument, for and on behalf of the Old Republic Surety Company , for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Bloomington, MN in said County, this. 7th day of October q p 2011 Z R fi Form F5345 �. I!O R i✓t, If y 'OTk IG tr.9fn.r ' fin, a,.; 1, 201E i�. +�,i. •., a. ^ ti/'.?r•C*O'V�,Yi7 ,:'�J- �Vr -:r L - r , before me personally appeared to me known and known to me to be the individual COPARTNERSHIP as Notary Public 1w, QLA RE'PUBLIC SURETY COMPANY POIAIER OF ATTORNEY KNOW ALL MEN BY TH PRE6 NtS: -.. that OLD REPUBLIC S COM PANY, a Wisconsin stoc insurance corporation, !s make, constitute and appoint ,VID W. CROWTHER, TIMOTHY S. '-GONSIOR, DOUGLAS H. CROWTHER, dAAOL A.: WEBER, )NY D BECKER, JERI M FREDERICK, JENNIFER J SAYLOR, OF MINNEAPOLIS, M ue and lawful Attorney(s)-in-Fact, with full power and auchonty. not exceeding $20.000,000, for and on behalf of the oompanv as surety, to execute and deliver affix the sea] of the company thereto (if a sea] is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (otrerthan bail is, hanKdepcGrtory bond- rnortgaoe de-ficic bonds mortgage gi iaranry bonds, quararvteps of installment paper and note guaranty bonds, self-insurance crs a7,ramn, -gin Wrics guaranteeing payment of benefits, as')estos abatement contract t maragernent bonds, hazarJous waste re: Fcliatjnn binds ,vi< 0 ing bonds), as follows: �L WRITTEN INSTRVMENTS.- IN AN AMOUNT NOT TO EXCEED AN AGGREGATE ';OF V2 } VROUSA14!1 DPLLARS ($500,000) FO1 ANY S�! N.QtB L-I . GAT.TON -REG:PRD OF THE NUMBER OF INSTRUMENTS4 TSSUEDL FOR THE OBLIGATION. I to blh'.d 00 F(r:PUBLIC`SU'R COMPANY thef6by and afl...pf the acts of said Attorneys -in -Fact, pursuant to the.se presents are led and cdrifirrned. This document is not valid unlbss printed &-.) colored background and • multi-colored. This appointment is made.. er and by auth6rity of the board of directors at a special Meeting hiNd on February 18, 1982. This Power of Attorney is signed and sealed facsimile'u6der and by the authority of the 1611owih rEiWutions 'adopted by the board of directors of the OLD REPUBLIC SURETY MPANY on February 18, 1982. RESOLVED that, the president, any vice-presid6rit, or a4sL5taiht vice president in conjunction with the secretary or any assistant secretary, ..m.. ' ay appoint attorneys-in-fact or agents 'with authbrity as defined or limited. in the instrument evidencing the appoin in eac:h.cas'e,for'and on behalf of the company to execute and deliver and affix the 4eaf the 'company to bonds, undertakings, recog- nizances, and:sur6tyship obligations of all kinds: and said officers may remove• suer attorney -in -fact or agent and revoke any PowlerofAttorriey previously granted to such person. Rmu FURTHER; any'bond, undertaking, recognizance, or oblfgalo6 - 'sWl beVtlid and binding Lipon company (1) whm signed'by th6 p any vice president or assistant vice9:0and attested afidsealed('if a seat, be required) by any secreta►yorassistant sd ;.or, (ii) when sjgjj6d'by the preOident; any vice presiderit. assistantvice president, secretary or assistant' s6cretary, and co0r4tersignod and sealed (if a seal be required) by a duly 9uAhoqzedattomey-inrfacf or agent; or (iii) when duly executed and se@ded q asdal be required) by one or more attorneys -in -fact or agents pursuant to.and within the limits of the au thority thority evidenced by the Power of Atborney issued by the company to such person or persons. RESOLVED FURTHERthatthe signaturp of any guthormd officer and the seal of the company may be affixed by facsimile to any Power of A#6mey or certification thereof authorizing the execution. ar)ddelivery of any bond, undertaking, recognizance, or other suretyship obligations-ictthe company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its seal il to be affixed this 21ST day of JULY, 2011. OLD REPUBLIC SURETY COMPANY 0 A? m�� A 1 s 0 \ A%is4nt Secretary President EJE,OF 1NISCONSIN, CQUNtY OF-W. - SS On -thj' S ay of JULY, 20 personally cafne before me, GERALD C.' LEACH. k - '; RtQ K A-.. Wo to me known to be thi�:trid ivicluals and officem.:.of the OLD REPUBUGSURETY COMPANY who exeOUted-4he.-above rumen[, and they each acknowledged the execuflon..:of the same, and being by me duly sworn, did severally depose and say: they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the autli y df board of director's of said corporation. Public Notary My -c.omml!§Sion expires: 1 0 2 /2 0 12 -ITIFICATE 1, the undersigned, assistaMw secretary of-the.OLD REPUBLIC SURETY COMPANY, a Wisconsirt%qprpora. on,. 5RTIFYthat the Doing and attached Power of Attorney remains in fl-A force and has not been revoked; and furthermore, that th Resolutions 6f the board of Aors set forth in the Power of Attorbey, are nbiw in force. 0-2272 8 sealed at the City of Brookfield, WI this 7th Signed 'an day of October, 2011 '1 -5 F. "CHUB J R Assistant Secretary P "a] Sf! 999A9 fn/ini 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 Business): Infrastructure Technologies, Inc. Old Republic Surety Company 21040 Commerce Blvd., Rogers, MN OWNER(NameandAddress): 55374 445 S. Moorland Road, Suite 200 City o Y New Hope Brookfield, WI 53005 4401 Xylon Ave. N., New Hope, MN 55428 CONTRACT Date: September 27, 2011 Amount: $127,340.80 Description (Name and Location): 2011 Trunk Sanitary Sewer Televising. Inspection, and Cleaning BOND Bond Number: RCN- 0640749 Date (Not earlier than Contract Date): October 7, 2011 A .$127,340.80 Modifications to this Bond Form: NA Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR PRIN A Company: n rant ct a chn s, Inc. Signature: (Seal) Name and Title: — Ri Ur6Yd Quast President SURETY Old Republic Surety Company (Seal) Surety's Name and Corporate Seal Signature td Title eri M. F in -Fact (Attach Power of Attorney) (Space is prodded below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company. Signature: (Seal) Naive and Title: Attest: r ? Signature an itfe Meg Collison, Risk Management Representative SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C- 615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00 6113.16-1 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, hens, or suits alleging non - payment by Contractor by airy 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 [Hakes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2. Claimants who do not have a direct contract with Contractor: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficiwt 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 forthe completion ofthe Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the slate (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 42.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction oftbe 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 ofthe 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 when the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deorned 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. up V1 I equt.at ofa,-,y yer'.r, ,., ... . appes�ing'� be a potential beneficiary Of this Bond, Contractor shall promptly fbrnish a copy of this Bond or shall permit a copy to be trade. 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 Ownr and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3, Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required] by the Contract or to perform and complete or comply with the other terms thereof: FOR INFORMATION ONLY -Name, Address and Telephone Arthur J. Gallagher Risk Management Services, :Inc Surety Agency or Broker: 3600 American Blvd W., #500, Bloomington, MN 55431 (952- 358 -750 Owner's Representative (engineer or other party): Sonestroo now Stant ` 2335 Highway 36 West St. Paul, MN 55113 (651) 636 -4600 00 61 13.16 -2 STATE OF 1 COUNTY OF I On this day of in and who executed the foregoing instrument and acknowledged to me that executed the same in his individual capacity. Notary Public STATE OF COUNTY OF On this _ day of COPARTNERSHIP } 88 , before me personally appeared to me known and known to me to be one of the firm of described in and who executed the foregoing instrument and he/she thereupon acknowledged to me that he /she executed the same as and for the act and deed of said firm. Notary Public STATE OF M nesota COUNTY OF l r c as i INDIVIDUAL CORPORATE On this 7th day of October 2012 , before me personally appeared Richard Cuast to me known, who, being by me first duly sworn, did depose and say that he/she resides in ; that he /she is the President of Infrastructure Technologies Inc. the corporation described in and which executed the foregoing instrument; that he/she knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporate seal; that it was so affixed by order and authority of the Board of Directors of said corporatio , and that h she sig his /h name thereto by like or _�'.�!" w� GREGORY JAY "RANTA NOTARY PUBLIC -MINNESOTA My Comm. &p. Jan. 31, 2014 Notary P c STATE OF Minnesota COUNTY OF Hennepin sa SURETY I, Carol A. weber Notary Public of Scott County, in the State of Minnesota do hereby certify that Jeri M. Frederick Attorney -in -Fact, of the Old Republic Surety Company , who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he/she signed, sealed and delivered said instrument, for and on behalf of the Old Republic Surety Company , for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Bloomington, MN in said County, this 7th day of October , A.D. 2011 r ��� ; y �� .f-_R Notary Public Forth F5345 ,; .: OTvq R €' P ;4 OJT 1 CC. ,i an r;area,l n. 31,211, r before me personally appeared to me known and known to me to be the individual QLI E C SURETY COMPANY POWER OF ATTORNEY KNOW ALL M'EN BY THESE - PRESENTS: that OLD REPUBLIC S -URETY COMPANY, a Wisconsin stock Irasur� nce corporation, as make, constitute and aRpoiri AVID W. CROWTHER, TIMOTHY S. GONSIOR, DOUGLAS H. CROWTHER, CAROL A.: WEBER' )NY D BECKER, JERI M JENNIFER J SAYLOR, OF MINNEAPOLIS, MN Lie and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (othertf pan bail Is, 1 ?nkdepc, bondb. mortgage aefide.- -y bonds mortgar,ie guaranty bonds, guarantees cf installment parer and note guLranty lbondc, self - insurance -pis com •tnsa o- bonds quarantee'ng paymarnt of s. asbeo a:NA&,nPni: asotrac:lb -.mis, waste,nanagement bonds, hazaniousvvasieierr�ediation bond ack hing'xmds), as follows ,L WRITTEN INOTRUME14TS .+ IN AN AMOUNT NOT TO EXCEED AN AGGREGATE `. VE .14UNDR: -ED .THOUSAND DOLT; 'S ($500, 000) - - - - - - - - - - - - -- FOR ANY SINQLE ILICA'T"'ION, :REGARDLE'SS OF THE NUMBER OF INSTRUMENTS ISSVED. FOR "I'HE, OBLIGGATION. I to bind 6L0 R.EPUBLIC'§(APHTY COMPANY. thotebS and afl the acts of said Att©rneys -in -Fact, pUrsuaht to these presents, are `ied and..ct3nfirmed. This document is not valiCf: unless printed dh colored background and -is multi- colored. This appointment is made. ler and by authority of the board of directors at a: special meeting held on February 18, 1.982. This Power of Attorney is signed, and sealed facsimile under and by the authority of the' following resolutions adopted by the board of directors of the OLD REPCISLIC SURETY MPANY on February 18, 1982 RESOLVED that, the president, any vice - president, or as;sisbtant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment' in each *case, fo><'and on behalf of the company to execute and deliver and affix the peal "of the company to bonds, undertakings recog- nizances, obligations of all kinds; and said officers may remove-any euch attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RE80I.VED FURTHER,-thatany bond. undertaking, recognizance, or surotyshif obligs io6sh 11 bevalid and binding uponthe Company (i) ed' by the president any vice president or assistant vice presiclent, and attested and sealed f a seal be required) by any secretaryorassistant . (ii) when signed by the president; an;r:vice president.or assistant vice prestdent secretary or assistant secretary, and couritersignedand sealed (if a seal be required) by a duly authorized'attorney-in- factor agent; or (iii) when duly executed and sealed Of a seal be. required) by one or more attorneys -in -fact or agents pursuant toAnd .within -the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons RESOLVED FURTHER,tnatthe signature of any authorized officer and the seal of the company may be affixed by facsimile td any Power of AM ney or certificabon thereof authorizing the execution.apd delivery of any bond, undertaking, recognizance, or other suretyship obligations.of fhe.cornpariy; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its _)orate seal to be affixed this 21ST day of JULY, 2011. OLD REPUBLIC: SURETY COMPANY ... ��o SUR�h qy �,I, • . . J '... % r BFyA'd. 9 ' +yrr 4 . Assistant Secretary �,.,. ,.. r President ::.:.: (JE -OF WISCONSIN, GOUNTY OF -WAt ESHA - SS in nn� *,m� On this of JUL� , personally cage befere me, GERALD C. LEACH 7. T y 2Q ,1, RICK A Z�J ttd me known to 4 the.'tti ividuals and officers of the OLD REPUBLIC SURETY COMPANY who exeol4ted ":the:above rument, and they each acknowledged the exectifion of the sdrrie, and being by me duly sworn, did severally depose and say; they are said officers of the corporation aforesaid, and'that the seal affixed to the above instrument is the seal of the corporation, that said co..rporate seal and their signatures as such offlcers'were duly affixed and subscribed to the said instrument by the�autthobty df board of director's of said corporation. .Po .A. �y ck NOTARy\ y@ Notary>T?ublic .. k \ PUSUO - •. ; yE My Cornmission expires: 1,2 /02/2012 MFICATE I, the undersigned, assistant secretary of .OLD REPUBLIC SURETY" COMPANY, a Wisconsin.- corporafflion, CERTIFY that the ;going and attached Power of Attorney remains in fUil force and has not been revoked; and furthermore, that the Resolutions of the hoard of tors set forth in the Power of Attorney, are nbw in force. u Si` �ned and sealed at the Ci of Brookfield, WI this 7 th -day of Octobej 0 -2272 `, g�R 9 tY Y 3 1rl'. #T - Yi THUR J R Assistant Secretary 79789 (sHni �tCO �" IaATEIMM►DDn,rm OP ID: CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATKiIII 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 HOL IMPORTANT: If the certificate holder is an ADDITIONAL INSUROD, the policy(les) must be endorsed. If SUBROGATION IS WAIVETZ, Subject to the terms and conditions of the policy, certain policies may requsre an endorsement. A statement on this certificate does not confer lights to the PRODUCER 763- 748$000 =K_" RJF Minneapolis PHONE di" 7 Not 7225 Northland Dr N 8300 EanAIL (Aiinneapolis, MN 55428 PRODUCER INFRTEC Laura Moore INSURER(S) AFFORDING COVERAGE NAIC S INSURED Infrastructure Technologies INSURERA:Western National Insurance 24465 I nm INSURER B: Richard Quast INSURER C: 21040 Commerce Blvd Rogers, M N 55374 -9341 INSURER D: INSURER E: e COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. raISR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE I ,. M, = LIMITS GENERAL LIABILITY EACH OCCURRENCE 6 1,000,0 PREMISES Me oo $ 100,0 AL X COMMERCIAL GENERAL LIABILITY CLAIMS - MADE ® OCCUR X CiPPOO1826704 05/23/11 05/23/12 MED EXP (Anyone person) $ 5,00 PERSONAL $ADVINJURY $ 1,000,00 ,R X BLANKET DD'L INSURED ENDT. 06/2311 05/23/12 X FORMS: GENERAL AGGREGATE $ 1,000,00 ,I GL49 & CG2037 0912311 05123112 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 1 Emp Ben. $ 500k/1 POLICY X PRO Lac A AUTOMOBILE LIABILITY X ANY AUTO CP11 05/23/11 0W123112 COMBINED SINGLE LIMIT (Ea a acci anti derd) S 1 BOD INJURY (Per person) 6 ALL OWNED AUTOS BODILY INJURY (Par accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Perecoiden!) $ $ NON-OWNED AUTOS $ X Garagskeepers 1 IC PPO0182WO4 05/23/11 05/23/12 UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 EXCESS LIAR CLAIMS -MADE UM 8001111005 05/2.9/11 05123/12 DEDUCTIBLE -- $ X $ fAM S 10,000 RET WORKERSCOMPENSATION X I WC STATU- OTH- ER a rq AND EMPLOYERS' UABILnY ANY PROPRIETOR/PARTNERIE)=UTIVE Y i N IM OFFICEREMBER EXCLUDED? (Mandatory In NH) N TA CV001103604 05123!11 06/23/12 EL. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -EA EMPLOYE $ 1,000,0 M describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,00 A Leased Equipment PPOO1831304 06/23/11 05/23/12 Blanket 26 Deduct I tIEI; r-RIPTION OF OPERATIONS f LOCATIONS IVEHICL ((Mach ACORD 1 Additional Remarks Schedule, 11 more space Is requhed) ~ Pmject: 2011 Trunk Sanitary Sewer Televv Inspection, and Cleaning ing, Engineer: Stanteo one Clt�l of Now Hope and Stantec are Additional Insureds as respect to 1;0 era i_iaTniiHv urhim reaulred by written conhact fir r7M2men£ n CITYNE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE City of New Hope ACCORDANCE WITH T POLICY EO NOTICE ONS. WILL BE DELIVERED N 4401 Xyion Ave. N. New Hope, MN 55428 AUTHORDfDREPRESENTATIVE ®1988 -2009 ACORD CORPORATION. AN rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS CObEVIITTEE and Issued and Published Jointly By 1'� ...� . ' ' ...� � � Professional Engineers ALCdw Pr0fVsV JFr, tn. A-se b: Prvdku •• •, ci. �+rw... PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America and s -'..:� - at11.1g arj S _ Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Ej Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Pa se ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ............................................................................................................................... ..............................8 ARTICLE 2 - PRELIMINARY MATTERS ................................................................................................. ..............................9 2.01 Delivery of Bonds and Evidence of Insurance .......................................................................... ............................... 9 2.02 Copies of Documents ................................................................................................................. ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... ..............................9 2.05 Before Starting Construction ..................................................................................................... ..............................9 2.06 Preconstruction Conference ...................................................................................................... ..............................9 2.07 Initial Acceptance of Schedules ................................................................................................. ..............................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................... .............................10 3.01 Intent ......................................................................................................................................... .............................10 3.02 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ................................................................. .............................11 3.05 Reuse of Documents .................................................................................................................. .............................11 3.06 Electronic Data ......................................................................................................................... .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................... .............................11 4.01 Availability of Lands ................................................................................................................. .............................11 4.02 Subsurface and Physical Conditions ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ........................................................................... .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE5 - BONDS AND INSURANCE ................................................................................................ .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates of Insurance ........................................................................................................... .............................15 5.04 Contractor's Liability Insurance .............................................................................................. .............................15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07 Waiver of Rights ........................................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds ....................................................................... .............................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5 .10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. .............................18 6.01 Supervision and Superintendence ............................................................................................. .............................18 6 .02 Labor, Working Hours .............................................................................................................. .............................18 6 .03 Services, Materials, and Equipment .......................................................................................... .............................18 6 .04 Progress Schedule ..................................................................................................................... .............................18 6.05 Substitutes and "Or- Equals" .................................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6 .07 Patent Fees and Royalties ......................................................................................................... .............................21 6 .08 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6.10 Taxes ......................................................................................................................................... .............................22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6 .12 Record Documents .................................................................................................................... .............................22 6 .13 Safety and Protection ................................................................................................................ .............................22 6 .14 Safety Representative ................................................................................................................ .............................23 6.15 Hazard Communication Programs ......................... .................................................................. ............... EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .............................................................................................................................. .............................23 6.17 Shop Drawings and Samples .................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. .............................24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ......................................................................................................................... .............................24 6.21 Delegation of Professional Design Services ............................................................................. .............................25 ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. .............................25 7.02 Coordination ............................................................................................................................. .............................26 7 .03 Legal Relationships ................................................................................................................... .............................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data ............................................................................................................................. .............................26 8.04 Pay When Due .......................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance .................................................................................................................................. .............................26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities .................................................................................. .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ .............................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative .......................................................................................................... ............................... 27 9.02 Visits to Site .............................................................................................................................. .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work ................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 tiR11CLtr - l.tiAivlaEJ IN THE wvtcK; l.L/illV1J ............................................................................. ..............................2 10.01 Authorized Changes in the Work .............................................................................................. .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Sure 2 9 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ....................................................................................................................... .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... .............................32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections ................................................................................................................ .............................33 13.04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work ........................................................................................................ .............................34 13.06 Correction or Removal of Defective Work ................................................................................ .............................34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 i 3.09 Owner A ay Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. .............................36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14.03 Contractor's Warranty of Title ............................................................................................... ............................... 37 14 Substantial Completion ........................................................................... .............................37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization ..................................................................................................................... 14.06 .............................38 Final Inspection ........................................................................................................................ .............................38 14.07 Final Payment ........................................................................................................................... .............................38 14.08 Final Completion Delayed ........................................................................................................ .............................39 14.09 Waiver of Claims ...................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May Terminate for Cause .............................................................................................. 15.03 .............................39 Owner May Terminate For Convenience 15.04 .................................................................................. .............................40 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE 16 - DISPUTE RESOLUTION 16.01 ................................................................................................... .............................41 Methods Procedures and .......................................................................................................... .............................41 ARTICLE17 - MISCELLANEOUS ............................................................................................................ 17.01 .............................41 Giving Notice ............................................................................................................................ .............................41 17.02 Computation of Times ............................................................................................................... .............................41 17.03 Cumulative Remedies ................................................................................................................ .............................41 17 .04 Survival of Obligations ............................................................................................................. .............................41 17.05 Controlling Law ........................................................................................................................ .............................41 17 .06 Headings ................................................................................................................................... .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL COA:DIMONS 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. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price- -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The nurrbcr of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor - -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph I LOLA for definition. 17. Drawings--T part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement - -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer - -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 20. Field Order - -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times, 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition- -The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste- -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in 'the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award - -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed - -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project - -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual- -The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative- -The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder- -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities- -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. Work - -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will 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 following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or au`u o — n y to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to famish and install said services, materials, or equipment complete and ready for intended use. 4. When "famish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Owner shall fuunish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided beiow the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement subm to En EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 I The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their s consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or ap plicable to the perfo rmance of the W EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright V 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contact Documents would result iii viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data 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. A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of 'worn from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Woric based on payment bonds, each in an amount at ieast equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor can agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates oflnsurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide pr otection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0070 0-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance fumished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all -risk' or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be home by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is fimctionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered 'by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to fiu or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed m substi -Le item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.053 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making chang in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to 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 reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contract6r's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from. the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other indi-,idual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.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. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely re-tJiew of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.L E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Pr Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other profession and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. . ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the ueneui of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions urt Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the T :'ork. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORD; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or i O.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright V 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in, accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of � - tractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0l.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.0I.B. C. Contractor's Fee: When all the Work is performed on the basis of cost -p lus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any `work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. wherc the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit, prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0l.A.5, and 11.0l.B; 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 12.0I.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 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 contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.043 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or adiisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, :C any, —A 1x1,.-1. ii cuiy, on JcuLL rr 01K. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 B. If Contractor does not promptly comply with the ten s of Owner's written instruc ons, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quen discovered evidence or the results of subseque EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to 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 corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes" that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 007 00-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been compl and Contractor's other obligations EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than th ose previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0 LA, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract 'and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.U1 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay *.he effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 SECTION 00 73 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 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions, and the Bonestroo Plan Room Terms of Use and Limitations on Use. ARTICLE 4 — AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.023 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner or Engineer. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.0: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.03.B Delete Paragraph 5.033 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.6: 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 © 2011 Bonestroo 1000034-11237-0 007305-1 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. $1,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance a. Each Accident $2,000,000 b. Aggregate $6,000,000 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC- 5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11237-0 007305-2 SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. SC -5.06 Add the following new paragraph immediately after Paragraph 5.06.E: F. Contractor shall purchase and maintain during the entire construction period a Railroad Protective Liability Insurance Policy issued in the name of Burlington Northern and Santa Fe Railway Company with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A copy of the insurance certificate must be provided to Burlington Northern and Santa Fe Railway Company before they sign the permit. In lieu of this coverage, Contractor may participate in the Burlington Northern and Santa Fe Railway Company's Blanket Railroad Protective Liability Insurance Policy. 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 JUU .VI ILI al.LUI r Suppiier, UI vtl ICI entity. I l ie I I III III I IUIII Blunt I, 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 7 - OTHER WORK ARTICLES - OWNER'S RESPONSIBILITIES ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR' to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11237-0 007305-3 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 9. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11237-0 007305-4 Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 10. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 11. Payment Requests: Review App for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo J 000034 - 11237 -0 007305-5 D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically.required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.053 Amend the first sentence of Paragraph 10.053 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.053 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -1 1.01 .A.5.c Delete Paragraph 11.ni _A.5,r in it entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -11.03 Delete Paragraph 11.03.1) in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11237-0 007305-6 considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.0 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees w Lh the ot, I r party to suLJ IL the claim to another dl$piJte r eSv^I'u'Lion process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC- 16.01.A and 16.01.13, 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 equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11237-0 007305-7 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: (1) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11237-0 007305-8 SECTION 01 10 00 �3�Jyl uT_1i'1 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning for the City of New Hope, Minnesota, City Project No. 891. B. Description of Work: Cleaning, inspecting and televising trunk sanitary sewer to remove blockages and identify Inflow /Infiltration sources, settled sewer lines, and other maintenance items. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. 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. Working hours will be 7 A.M. through 9 P.M., Monday through Friday and 9 A.M. through 7 P.M. Saturdays. All work, including equipment idling, shall be restricted to these times. 1.07 OTHER WORK AT SITE A. A street reconstruction and utility improvements project is underway in the southernmost part of New Hope. The overlap of project sites should be limited to Sumter Avenue and Lamphere Drive between 27 Avenue (Medicine Lake Road) and 30 Avenue. SUMMARY © 2011 Bonestroo 1000034-11237-0 011000-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2011 Bonestroo 1000034-11237-0 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 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 waster) will be deducted from tha finni maae4irament fnr that Rid 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, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2011 Bonestroo 1000034-11237-0 01 20 00 -1 SECTION 01 31 00 PR03ECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer, Owner. 4. Electric: Xcel Energy, Robert Torres; 763 - 493 -1671, fax: 763 - 493 -1501. 5. Gas: Center Point Energy, Alla Denisova; 612 - 321 -5077, fax: 612 - 321 -5480. 6. Telephone: Qwest, Christy Allgood; 612 - 381 -5563, fax: 612 - 381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651 - 493 -5316, fax: 651 - 493 -5116. C. Owner requires a 48 -hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. Hennepin County Right of Way Permit B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 -hour notice in advance of the need for observation of Work. PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-11237-0 01 31 00 -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. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-11237-0 013100-2 SECTION 01 50 00 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. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: 2. A Bid Item has been provided for By -Pass Pumping. Measurement is per hour of actual pumping. Payment at the Bid Unit Price shall include set -up of pumps, conveyances and other equipment necessary to divert the flow. 3. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for By -Pass Pumping. Measurement is per hour of actual pumping. Payment at the Bid Unit Price shall include set -up of pumps, conveyances and other equipment necessary to divert the flow. 3. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-11237-0 015000-1 Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned — 50 90 Percent of original Contract amount earned — 100 100 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-11237-0 015000-1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and back-flow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-11237-0 015000-2 3.03 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. When bypass pumping is required the contractor shall supply pumps, conduits, and all other equipment to divert the flow of sewage around the manhole section being worked. 2. The sanitary flows shall be pumped around areas with no spillage allowed. 3. Any spill needs to be reported as required by law. 3.04 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re- establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. J . r^. ^-tractor shall remove traffic cortm! devices at the ccnclusion of the Wcrk. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-11237-0 015000-3 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 J595. c. Flashing Strobe Lights - SAE Specification 31318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short- term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short- term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short- term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 4. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. F. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non - compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non - compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-11237-0 015000-4 SECTION 01 51 20 TEMPORARY CONVEYANCE OF WASTEWATER PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary conveyance of wastewater to allow for the trunk sewer lines to be televised, cleaned and inspected. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 DEFINITIONS A. Average Daily High Flow: Average flow anticipated on a daily basis. B. Average Daily Wet Weather Flow: Average flow anticipated during or after rain event. C. Spill: Release of wastewater to any location outside the permanent or temporary conveyance system, including but not limited to bodies of water, ground surface, excavations, homes, businesses, basements, or storm sewers. 1.04 SYSTEM DESCRIPTION A. Maintain continuous flow of wastewater at all times, unless otherwise indicated. Provide all necessary equipment, temporary installations, and operating personnel to accomplish diversion of wastewater around construction areas for the time necessary to accomplish the Work 1. All wastewater shall be conveyed to acceptable downstream sanitary interceptor facilities. 2. Flow shall not be allowed to back up or to be restricted in any way, unless approved by the Engineer. 3. Flow levels shall not be allowed to backup beyond 65 percent of the pipe diameter above the pipe invert, unless approved by the Engineer. 4. Do not spill wastewater. Do not allow wastewater to backup beyond the level specified in Article 1.3.A.3. The Contractor will be responsible for all fines that may result from spillage of wastewater. 5. Temporary conveyance systems shall be designed to convey flows specified in Article 1A.A. B. The Contractor shall be responsible for damages (including settled materials removal) caused by wastewater backup due to the Contractor's operations. Temporary conveyance system may require multiple sizes of pumps to meet range of flows. C. Pressure Piping System: The Contractor shall provide a pressure system to convey the average daily high flow. The system pipes in use shall be capable of conveying the firm flow capacity. The complete system shall be in place and connected prior to start-up of the temporary conveyance system. Suitable valves shall be provided at the upstream end of each line for isolation purposes in TEMPORARY CONVEYANCE OF WASTEWATER © 2011 Bonestroo 1000034-11237-0 015120-1 the event of a rupture, leak, or some other problem. Under normal conditions, these valves shall remain open. Flow conveyance requirements are specified in Article 1.4.A. D. Pumps: The Contractor shall provide pumps and a pipe system sized to provide the firm flow capacity as specified in Article 1.4.A.3. All pumps shall be in place, connected, and ready to operate. The Contractor shall provide a smaller capacity pump, if required, to keep wastewater moving during low flow conditions. E. Gravity Systems: The gravity piping shall be sized to provide the average daily wet weather flow capacity specified in Article 1.4.A. F. Complete dewatering of each reach of sewer being removed is required for execution of the Work. 1.05 PROJECT CONDITIONS A. If conveyance piping is operated during cold weather months, Contractor will provide insulated system necessary to prevent freezing. 1.06 SUBMITTALS A. No less than 1 month prior to the expected date of the start of temporary conveyance provide the following items: 1. Emergency Spill Response Plan. 2. Temporary Flow Conveyance Plan Check List. 3. Monitoring Plan. Plan shall include details on devices used, how maintained, how monitored, and response time in event of a problem. B. For each flow diversion set -up, submit a detailed proposed plan for temporary conveyance of wastewater, around or through the areas where flows are impacted by construction, in accordance with Section 0133 00. The submittal shall contain the following information as minimum requirements: 1. The system layout, including means, methods and materials for bulkheading existing interceptor pipe(s), connection to the existing interceptor pipe(s), and material and size of proposed conveyance piping. 2. Pumping equipment and capacity, including required redundancy, pump and system curves. 3. Discharge conditions and details of the end assembly (to submerge the end). 4. Noise mitigation procedures and devices to ensure compliance with local noise ordinances. 5. Schedule for flow transfers and /or facility shutdowns. C. Copy of the maintenance log on monitoring system submitted weekly. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Minimize the length of time temporary conveyance system is utilized. Do not begin temporary conveyance of wastewater without the Engineer's approval. Do not begin temporary conveyance of wastewater until all equipment and materials necessary for the installation of the new facility are on Site. TEMPORARY CONVEYANCE OF WASTEWATER © 2011 Bonestroo 1000034-11237-0 015120-2 B. Develop an Emergency Spill Response Plan subject to the approval of the Engineer. Plan shall have the following minimum requirements: 1. Two sets of repair clamps /couplings for each temporary forcemain pipe size and type shall be stocked on Site prior to starting the temporary conveyance system. Any use of these materials will require replacement within 1 day. 2. Prior to pumping wastewater, the Contractor will successfully hydrotest the piping with potable water. 3. Contractor will have 1 person on duty (attendant) at all times during the pumping of wastewater (24 hours per day, 7 days per week). Attendant will continually monitor equipment and piping, will have a functioning cell phone, and will have an emergency list of phone numbers to call. 4. If a spill occurs or if vandalism occurs that results in an unplanned wastewater discharge, then the attendant will contact the individuals on the phone list. Attendant will also contact any affected party. If the incident is due to vandalism, the attendant shall also notify the local police and obtain a police report. 5. Contractor will have their emergency repair team and clean up respondents to the spill site within 1 hour to assess the situation and initiate the appropriate action. The first response will be to stop wastewater spillage immediately if the attendant has not done so. Responders will obtain additional equipment and personnel if the situation warrants it. 6. The Contractor will review the root cause of the problem and will implement the appropriate corrective action. This corrective action may involve, but not necessarily be limited to, pumping wastewater into tanker trucks and hauling it to a downstream location until such time as repairs are done. 7. Depending on the nature of the situation, a spill may result in standing wastewater in places. Contractor shall utilize appropriate equipment to pump and collect the wastewater and dispose of it either by a tanker truck or via the repaired system. This action will take place in a timely manner as logistics permit, but within 12 hours of the incident or a shorter time period if required by local or state authorities. Clean Lip shall be to the satisfaction of the Engineer, and local or state authorities. 8. If in an appropriate area to do so, lime or gypsum shall then be applied to those areas of spilled wastewater to buffer any excess nitrogen that may have been absorbed. 9. In case of the spill, Contractor shall notify all affected parties. Contractor shall provide the following information: a. Time of the spill. b. Estimated spill quantity. c. Cause of the spill. d. Cleanup and corrective measures underway and to be taken. 10. The Contractor shall issue a report to the Engineer on the date and time of the incident, the estimated spill quantity, the cause of the incident, the action taken, including both the corrective action and the clean up activities. Attach any police reports, if applicable. C. Develop a Temporary Wastewater Conveyance System Start Up Checklist subject to the approval of the Engineer. Plan shall have the following minimum requirements: 1. Temporary Wastewater Conveyance System Start Up Check List. Include notifications to Engineer just prior to start up and provide copy of completed check list showing that all of the following conditions are met: a. All equipment and materials necessary for the installation of the new facility are on Site. b. The conveyance piping was successfully hydrotested. c. All required equipment is in place and ready to function. d. The Emergency Spill Response Plan has been approved and attendant has proper training and phone numbers. e. Back -up repair couplings and /or clamps for each pipe size and type used are on Site. TEMPORARY CONVEYANCE OF WASTEWATER © 2011 Bonestroo 1000034-11237-0 015120-3 f. The temporary wastewater conveyance plan detailing proposed method for temporary conveyance of wastewater has been approved. A plan is required for each set up and will require approval prior to installation of the proposed system. 2. Temporary Wastewater Conveyance System Shutdown Check List. Include notifications to Engineer just prior to shutdown and provide copy of completed check list. D. Notify the Engineer in writing 5 working days in advance of temporary wastewater conveyance system start up or shut down. Notify the Engineer verbally 48 hours in advance of temporary wastewater conveyance system start up or shutdown. E. Prior to pumping any wastewater, hydrotest the conveyance pipe at pressure equal to 50 psi and hold for 1 hour. The test fails if leakage is observed or if pressure drop exceeds 5 percent of test pressure over the 1 -hour test period. This hydrotest shall be repeated each time the piping system is disassembled and later reassembled. F. Do not begin temporary conveyance of wastewater without the Engineer's approval and evidence of a completed startup checklist. Do not terminate temporary conveyance of wastewater without the Engineer's approval and evidence of a completed shutdown checklist. G. Contractor shall have a Monitoring Plan with the following required: 1. At all times during temporary conveyance pumping: Contractor shall have a person on Site assuring that the pumping is performing properly and observing that no vandalism occurs to the pumps, temporary piping system, or other equipment. Attendant shall have received training, shall have a functioning cell phone and shall follow Emergency Spill Response Plan in the, event of a spill. 2. At all times when any Contractor equipment, bulkheads, or other devices are in the Owner's sewer, Contractor shall provide a monitoring system with the means to detect or determine that flow is not backing up abnormally and is flowing properly through the sewer and /or the temporary wastewater conveyance system. The monitoring system shall immediately alert the Contractor of any flow abnormality. Contractor shall respond to the Site within 60 minutes of the alert. Any device(s) that Contractor uses shall be tested or checked daily and a log of such shall be maintained. Contractor shall maintain the system of monitoring and shall have access to spare parts as necessary to keep it functioning properly. Maintenance on the system shall be recorded in the log. 3.02 INSTALLATION A. The temporary conveyance system utilized during forcemain and gravity sewer construction shall comply with the following requirements and conditions: 1. Handle flow conditions as stated herein. 2. Provide all temporary connections, parallel temporary lines, temporary power, temporary bulkheads, flumes, temporary operations, and all equipment to perform the Work. 3. The pipe and fitting materials shall have physical and strength characteristics sufficient to handle the indicated flow conditions. 4. The assembled system shall be capable of withstanding the thrust forces generated by the flow and internal pressures indicated. 5. Temporary piping shall be constructed /located to minimize the disturbance to the existing vehicular and pedestrian traffic patterns. Where the temporary conveyance line crosses heavily traveled areas for periods greater than 2 days, it shall be constructed below grade with a temporary bituminous patch cover placed over it. 6. The temporary system shall be monitored on a 24 -hour basis until flow transfer into the new or rehabilitated system is accomplished. 7. Sewer services affected by the temporary conveyance shall be maintained. TEMPORARY CONVEYANCE OF WASTEWATER © 2011 Bonestroo 1000034-11237-0 015120-4 B. The Contractor shall make all necessary provisions and take all necessary steps to ensure the uninterrupted operation of the temporary conveyance facilities. As a minimum the Contractor shall do the following: 1. Provide traffic signing and barricading to preclude any chance of damage to the temporary conveyance facilities by vehicular impact. C. The Contractor shall provide mufflers, temporary enclosures, or sound baffles as required to comply with local and State Noise Ordinances. D. Upon completion of the Work and flow transfer into the permanent facilities, the temporary wastewater conveyance system shall be removed and all affected surface improvements shall be restored to a condition equal to or better than the condition existing prior to construction. E. The Contractor shall notify the Engineer immediately of changes in the conveyance schedule. 3.03 FLOW CONTROL A. General 1. The installation of the new sewer system shall not cause a wastewater spill at any time during the Project. B. Maximum Depth of Flow 1. Surcharge of interceptor facilities is prohibited, unless approved by the Engineer. 2. Depth of flow shall not exceed 65 percent of pipe diameter above the invert as measured in maintenance holes, unless approved by the Engineer. C. Flow Control Precautions 1. When flow in an interceptor is plugged, blocked, or diverted, si iffirient precautions shall be taken to protect the interceptor from damage or accumulation of sediment. 2. Precautions shall be taken to insure that wastewater flow control operations do not cause a spill and /or damage to public or private property. END OF SECTION TEMPORARY CONVEYANCE OF WASTEWATER © 2011 Bonestroo 1000034-11237-0 015120-5 SECTION 01 70 00 EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Final Application for Payment, including accompanying documentation. 6. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. 3.02 SITE MAINTENANCE A. Maintain stockpiles, 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. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-11237-0 017000-1 E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.03 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. 3.04 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. END OF SECTION EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-11237-0 017000-2 SECTION 33 08 31 SANITARY SEWER TELEVISING, CLEANING AND INSPECTION PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer cleaning, televising and inspection of pipe, manholes, fittings, and miscellaneous appurtenances. 1.02 PRICE AND PAYMENT A. Measurement and Payment 1. A Bid Item has been provided for Sanitary Sewer Televising. Measurement will be based upon units of lineal feet for each size measured to the center of the manholes. Payment will include all costs related to providing water for determining sags, and televising the line as specified. 2. A Bid Item has been provided for Reverse Televising. Measurement will be based upon units of each setup necessary to perform reverse televising due to blockages that can not be cleared with the specified cleaning operations. Actual televising will be paid for with the Sanitary Sewer Televising Bid Item. 3. A Bid Item has been provided for Sanitary Sewer Cleaning. Measurement will be based upon units of lineal feet for each size actually cleaned measured to the center of the manholes. Payment shall include all cost to clean, jet, vacuum, remove roots, remove and dispose of material and all other related appurtenances from sewer lines. 1. A Bid 1"All k — ua bcci i pr ovideu fvr 1 10111IVIC 11 MPCliioi i. i ieasureme It will bC UCSCU Upol l each and shall include inspection, documentation and photographs. 5. A Bid Item has been provided for Televising and Inspection Report. Measurement shall be by lump sum for the entire report. 6. A Bid Item has been provided for Bypass Pumping. Measurement shall be by hours of pumping including setup. 7. No Bid Item has been provided for Plugging or Blocking of the sewer flow. This work shall be considered incidental to the project. 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. PART 2 PRODUCTS Not Used. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2011 Bonestroo 1000034-11237-0 330831-1 PART 3 EXECUTION 3.01 EXAMINATION A. Commence televising only when pipe and structures are clean and free of dirt or other foreign matter. 3.02 SANITARY SEWER TELEVISING A. General 1. Televising shall be performed on all trunk gravity sanitary sewer lines in locations noted in the Drawings. 2. Format — The video will be submitted in a DVD format with both audio and video. 3. Camera — The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each Wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 4. Rate — The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH - #, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), Wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine upstream and down doghouses for water tightness. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sags in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each Wye or service tap location with station and orientation (Example: Wye right, 3 o'clock). ?. Th8 complete report and DVD shall be submitted to the Owner /Engineer within 14 days after the completion of the televised segments. 8. Include color photos /images of defects in the written report. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2011 Bonestroo 1000034-11237-0 330831-2 E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. 3.03 SANITARY SEWER CLEANING A. Cleaning Equipment 1. Hydraulically propelled equipment. a. Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapse at any time during the cleaning operation s to protect against flooding of the sewer. b. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. c. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. 2. High - Velocity Jet (Hydro cleaning) Equipment. a. All high - velocity sewer cleaning equipment shall be constructed for ease and safety of operation. b. The equipment shall have a selection of two or more high - velocity nozzles. c. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. d. Equipment shall include a high - velocity gun for washing and scouring manhole walls and floor. e. The gun shall be capable of producing flows from a fin spray to a solid stream. f. The equipment shall carry its own water tank, auxiliary engines, pumps and hydraulically driven hose reel. 3. Mechanically Powered Equipment. a. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. b. Machines shall be belt operated or have an overload device. c. Machines with direct drive that could cause damage to the pipe are not permitted. d. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. e. The rod shall be specifically heat treated steel. f. The machine shall be fully enclosed and have an automatic safety clutch or relief valve. B. Cleaning Precautions 1. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. 2. When hydraulically propelled cleaning tools or tools which retard the flow in the sewer lines are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. 3. When possible, the flow of sewage shall be utilized to provide the necessary pressure for hydraulic cleaning devised. 4. When additional water from fire hydrants is necessary to avoid a delay in normal work procedures, the water shall be conserved and not used unnecessarily. Contact New Hope Public works to obtain meter. No charge will be associated for water use. 5. No fire hydrant shall be obstructed in cast of a fire in the area served by the hydrant. C. Sewer Cleaning 1. The cleaning of the sewer lines shall begin upstream and work downstream. 2. The sewer manholes sections shall be cleaned using hydraulically propped, high - velocity jet or mechanically powered equipment. Selection of the equipment shall be based on the conditions of lines at the time the work commences. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2011 Bonestroo 1 000034- 11237 -0 330831-3 3. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. 4. If cleaning of an entire section can not be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning shall be attempted again. 5. If successful cleaning from both manholes can not be completed, the Contractor shall contact the Engineer. D. Root Removal 1. Roots shall be removed completely where root intrusion is a problem. 2. Any roots which could prevent the seating of the packer or could prevent the proper application of chemical sealants should be removed. 3. Procedures may include the use of mechanical equipment such as rodding machines, bucket machines, and winches using root cutters and porcupines and equipment such as high - velocity jet cleaners. E. Chemical Root Treatment 1. Chemical root treatment may ne used at the option of the contractor to aid in the removal of roots in manhole sections. 2. The application of the herbicide to the roots shall be done in accordance with the manufacturer's recommendation and specifications in a manor to preclude damage to the surrounding vegetation. 3. Any damage to the vegetation shall be repaired at the Contractors expense. 4. All safety precautions as recommended by the manufacturer shall be adhered to concerning handling and application of herbicide. F. Material Removal 1. All sludge, dirt, sand, rocks, grease and other solids or semisolid material resulting form cleaning operations shall be removed at the downstream manhole of the section being cleaned. 2. Passing material from manhole section to manhole section, which could cause line stoppages, accumulation of sand in wet wells, or damage to pumping equipment, shall not me permitted. G. Disposal of Material 1. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the contractor. 2. All materials shall be removed form the site no less often than at the end of each workday. Under no circumstances will the contractor be allowed to accumulate debris on the site of work. H. Final Acceptance 1. Acceptance of sewer line cleaning shall be made up on successful completion of the television inspection and shall be to the satisfaction of the Owner. 2. If TV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to re -clean and re- televise the sewer line until cleaning is shown to be satisfactory. 3.04 SEWER FLOW CONTROL A. When sewer line depth of flow at the upstream manhole of the manhole section being worked in is above the maximum allowable for television inspection, the flow shall be reduced to the level shown below by operation of pump stations, plugging or blocking of the flow or by pumping and bypassing of the flow as specified. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2011 Bonestroo 1 000034 - 11237 -0 330831-4 B. Depth of flow shall not exceed that shown below for the respective pipe sizes as measured in the manhole when performing television inspection. Maximum Dept of Flow for Televisin 12" - 24" Pie 25% of pipe diameter 27" & up Pie 30% of pipe diameter C. Plugging or Blocking I. Perform bypass pumping in accordance with Section 01 51 20. 2. A sewer line plug shall be inserted into the line upstream of the section being worked. 3. The plug shall be designed so that all or any portion of the sewage can be released in accordance with the Engineer. 4. During TV inspection, flow shall be reduced within the limits specified above. 5. After the work has been completed, flow shall be restored to normal. D. Pumping and Bypassing 1. When Pumping and bypassing is required the Contractor shall supply the pumps, conduits and other equipment to divert the flow of sewage around the manhole section in which work is being performed. 2. The bypass pump system shall be of sufficient capacity to handle existing flow at peak flow times. 3. The Contract shall be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypass pumping system. If pumping is required on a 24 -hour basis, engines shall be equipped in a manor to keep noise to a minimum. E. Flow Control Precautions 1. When flow in a sewer line is plugged, blocked or bypasses, sufficient precautions must be taken to protect the sewer lines from damage that might result from surcharging. 2. Precautions must be taken to insure that sewer flow control operations do not cause flooding or damage to public or private property be served by the sewers involved. 3.05 MANHOLE INSPECTIONS A. Manhole Inspection Logs 1. Contractor shall provide inspection logs for each manhole. 2. Inspection logs shall indicate but not be limited to manhole number, infiltration sources, roots, chimney condition (casting, rings, cone) and other discernible features. B. Photographs 1. Contractor shall take digital photographs of problems in the manholes. END OF SECTION SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2011 Bonestroo 1000034-11237-0 330831-5 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 25, 2012 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.9 Resolution approving final payment of $6,057.80 to Infrastructure Technologies Inc., for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes (improvement project No. 891). Requested Action Staff recommends the Council approve a resolution approving a final payment of $6,057.80 to Infrastructure Technologies Inc., for cleaning and televising all 12 -inch and larger pipes in the city's sanitary sewer collection system. i oiicy /cast Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background Staff annually cleans one -third to one -half of the city's 270,000 feet of 9 -inch sanitary sewer pipe. Annually, the city also contracts out the televising and inspection of approximately 40,000 feet of 9 -inch sanitary sewer pipe and relines 1,500 to 3,000 feet depending on pipe diameter. The televising, inspection, and relining of the city's sanitary sewer collection system are components of the city's I/I redaction prograrn that was initiated in 2003. From 2004 to the present, these initiatives have been an annual maintenance activity as staff and the City Council have realized the long term benefit of both the continued reduction of Inflow/Infiltration of groundwater into the sanitary sewer system and the importance of extending the life of the city's infrastructure. Motion by Second by To: fd l v I: \ RFA \ PUBWORKS \ 2012 \ 891 -2011 Sewer Trunk Line Cleaning Final.doc Request for Action June 25, 2012 Page 2 The initial contractual cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes took place in 1991. To help alleviate possible liability issues for the city from sewer backups and to continue to be proactive with the city's I/I reduction program, staff recommended that the large diameter pipes be cleaned, televised, and inspected. There is approximately 60,000 feet of large diameter (12 to 36 inch) pipe in the city. Council approved the project plans and specifications and authorized advertising for bids on August 22, 2011. On September 26, 2011, the Council approved a contract with Infrastructure Technologies Inc. in the amount of $127,340.80. The engineer's original estimate for completion of the project was $125,000. All work has been satisfactorily completed. The final value of the work was $121,155.98. Funding The 2011 sanitary sewer operating budget contained $150,000 for I/I abatement and contractual improvements to the sanitary sewer collection system. Funding for the project came from the city's sanitary sewer fund. Attachments The engineer's memorandum, the resolution, and the final pay request are attached. I:\ RFA\ PUBWORKS\ 2012\ 891 -2011 Sewer Trunk Line Cleaning Final.doc City of New Hope Resolution No. 12 -101 Resolution approving final payment of $6,057.80 to Infrastructure Technologies Inc., for cleaning, televising, and inspection of the city's sanitary sewer collection system large diameter pipes (improvement project No. 891). WHEREAS, the city entered into a contract with Infrastructure Technologies Inc., for cleaning and televising all of the large diameter pipes in the city's sanitary sewer collection system; and, WHEREAS, staff is recommending that the Council adopt a resolution to approve final payment to Infrastructure Technologies Inc., in the amount of $6,057.80; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Infrastructure Technologies Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council approves the final payment to infrastructure Technologies Inc. 2. That the city manager is hereby directed to authorize the final payment of $6,057.80 to Infrastructure Technologies Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of June, 2012. Mayor Attest: City Clerk a a u l . a i r a 7 r Y 1 y ..w. � ...t : . r Y e ..._ .. .va ...... - ° r t 1 i a •n x ' } Fly. ,+� ...o :. • <, r ,. ' r • , B ! k a Stantec Consulting Services Inc. 'i 2335 Highway 36 West t + St. Paul MN 55113 ` Tel: (651) 636 -4600 Fax: (651) 636 -1311 �l ,. r - l.. `..L.. June 15, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning — Final Payment Request Client Project No.: 891 Stantec Project No.: 193800103 / 000034 - 11237 -0 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the 2011 Trunk Sanitary Sewer Televising, Inspection, and Cleaning project. The contractor, Infrastructure Technologies, Inc., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $6,057.80 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 $127,340.80. The contract included no change orders. The Final Construction Amount is $121,155.98, which is less than the Original Contract Amount. The project had a $6,184.82 under run, which is primarily due to the contractor not using any bypass pumping. If you have any questions or require further information please call me at (651)604 -4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Signed Final Pay Request, IC -134 Forms Cc: Guy Johnson — New Hope; Mark Hanson, Katie Warner - Stantec 0 stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: June 14 2012 =or Period: 4/6/2012 to 6/14/2012 Request No: 3 /FINAL :ontractor: Infrastructure Technologies, Inc., 21040 Commerce Blvd. , Rogers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT 2011 TRUNK SANITARY SEWER TELEVISING, INSPECTION, AND CLEANING STANTEC PROJECT NO. 193800103 / 000034 - 11237 -0 CITY PROJECT NO. 891 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: INF�STR RET NOLOGIES, INC. Ap proved by Owner: z %- � ww gn- Specified Contract Completion Date: Date: $ 127,340.80 $ 0.00 $ 0.00 $ 127,340.80 $ _ 121,155.98 $ 0.00 $ 121,155.98 $ 0.00 $ 121,155.98 $ 115,098.18 $ 0.00 3 /FINAL $ 6.057.80 Approved by Contractor: INF�STR RET NOLOGIES, INC. Ap proved by Owner: z %- � ww gn- Specified Contract Completion Date: Date: No. Item BASE BID: 1 33" SANITARY SEWER CLEANING 2 27" SANITARY SEWER CLEANING 3 24" SANITARY SEWER CLEANING 4 21" SANITARY SEWER CLEANING 5 20" SANITARY SEWER CLEANING 6 18" SANITARY SEWER CLEANING 7 15" SANITARY SEWER CLEANING 8 12" SANITARY SEWER CLEANING 9 33" SANITARY SEWER TELEVISING 10 27" SANITARY SEWER TELEVISING 11 24" SANITARY SEWER TELEVISING 12 21" SANITARY SEWER TELEVISING 13 20" SANITARY SEWER TELEVISING 14 18" SANITARY SEWER TELEVISING 15 15" SANITARY SEWER TELEVISING 16 12" SANITARY SEWER TELEVISING 17 MANHOLE INSPECTION 18 BYPASS PUMPING 19 REVERSE TELEVISING 20 TELEVISING AND INSPECTION REPORT TOTAL BASE BID: TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LF 5060 1.33 LF 5120 1.33 LF 17790 1.33 LF 5450 1.33 LF 640 1.33 LF 3250 1.33 LF 6050 1.33 LF 16210 1.33 LF 5060 0.61 LF 5120 0.61 LF 17790 0.61 LF 5450 0.61 LF 640 0.61 LF 3250 0.61 LF 6050 0.61 LF 16210 0.61 EA 231 25.00 HR 80 75.00 EA 20 0.00 LS 1 0.00 5073 $6,747.09 4951 $6,584.83 17419 $23,167.27 7175 $9,542.75 647 $860.51 3237 $4,305.21 5167 $6,872.11 15548 $20,678.84 5073 $3,094.53 4951 $3,020.11 17419 $10,625.59 7175 $4,376.75 647 $394.67 3237 $1,974.57 5167 $3,151.87 15548 $9,484.28 251 $6,275.00 $0.00 2 0 $0.00 1 $0.00 $121,155.98 $121,155.98 $121,155.98 3411237REQ3F I NAL.)dsm PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 891 STANTEC PROJECT NO. 193800103 / 000034 - 11237-0 CONTRACTOR INFRASTRUCTURE TECHNOLOGIES, INC. CHANGE ORDERS No. Date nperrri ntinn A.nA% 0. uvrua. Total Change Orders PAYMENT SUMMARY No. From To Pavmpnt Rotminnno �.......I�e.� 1 02/01/2012 02/22/12 65,281 3 68 717.02 2 02/23/2012 04/05/12 4-9 6,057.80 121 155.98 3/FINAL 04/06/2012 06/14/12 6,057,80 121 155.98 Material on Hand Total Payment to Date $121 Original Contract $127,340.80 Retaina a Pay No. 3/FINAL Change Orders Total Amount Earned $121,155.98 Revised Contract $127,340.80 3411237R EQ3F INAL.xlsm Page 1 of 1 Y, wr Contractor Affidai it request is Approved. A copy of this page MUST be proN ided to the contractor or government agency that hired you. Submitted Date and Time: 29 -May -2012 9.41:29 AM Confirmation Number: 2 -102- 925 -824 Name: INFR A,STRUCTURL TECI fNOLOGIES INC ID: 1576478 Affidavit dumber: 1.833209728 Project Owner: CITE" OF NEW HOPE Project Number: 891 Project Begin Date: 10 /1 /2011 Project End Date: /29/2012 Project Location: 2011 TRUNK SEWER TFLEVISING, INSPECTION, CLEANING, NEW HOPE, N N Project amount: $ 127,330.80 Subcontractors: No Subcontractors You can alway, see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confiAmatioa, click on the "Punter Friendly View" button. Please print this .confirmation page for 3 our records using the print or save functionality built into your brw. acr.. https:! /www.:nndor. state.:n n. us /tp /retriev e 9 type— PriniFrietid &key1- 610733056 &key2 - 835881978 5/29/201