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IP #905COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works March 12, 2012 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.8 Resolution approving plans and specifications for the 2012 seal coat and crack repair project, and ordering advertisement for bids (improvement project No. 905) Requested Action Staff recommends approval of a resolution approving the 2012 seal coat plans and specifications, and ordering advertisement for bids. Once bids are received they will be presented to the Council for consideration. Policy/Past Practice To maximize the life of the pavement on city streets, New Hope annually schedules crack repair and seat coating of selected city streets. This is an activity that is critical to the city's current pavement management program. If delayed, maintenance costs increase and may also result in premature expenditures for pavement overlays or reconstruction. Seal coating is most effective in the early stages of the pavement's life. Background The city's street infrastructure management plan identifies and prioritizes street maintenance activities to maximize the return on each dollar invested in maintenance. The management plan has identified areas to be seal coated and/or crack filled this year. This year's proposed seal coat and crack repair project would include selected streets west of Boone Avenue between Medicine Lake Road and 36th Avenue, and Quebec Avenue south of 42nd Avenue. The crack repair portion of the project would include streets between Winnetka Avenue and Boone Avenue from 32nd Avenue to 36th Avenue. The results of the pavement management index survey from Goodpointe Technologies also suggest seal coating 36th Avenue between Highway 169 and Louisiana Avenue. The cost estimate of the project, with the exception of completing 36th Avenue, slightly exceeds the annual budget for the seal coat/crack repair project. For this reason, staff is recommending 36th Avenue be bid as an alternate option of the project. Motion by Second by To: Y: / RFA/Public Works/2012/905 2012 Seal Coat Approving Plans and Specs Request for Action March 12, 2012 Page 2 The streets recommended for seal coating and crack repair are identified on the accompanying maps. Prior to commencement of seal coating by the contractor, Public Works staff has completed infrastructure maintenance such as asphalt patching and curb repairs throughout the project area. The project would take approximately 30 days and would occur during the summer months. Funding The engineer's construction estimate to complete the entire street project, including 36th Avenue (alternate bid), is $276,000 (see the attached engineer's memo for a breakdown of the project costs). Funding for the project would be from the city's street infrastructure fund. Attachments The resolution, a map showing the area involved, and a memorandum from the city engineer is attached. Copies of the 2012 crack repair and seal coat plan sheets are available for your review at New Hope City Hall. I: / RFA/Public Works/2012/905 2012 Seal Coat Approving Plans and Specs City of New Hope Resolution No. 12-42 Resolution approving plans and specifications for the 2012 crack repair and seal coat project, and ordering advertisement for bids (improvement project No. 905) WHEREAS, funding is available in the 2012 street infrastructure fund for a crack repair and seal coat project; and, WHEREAS, this activity is an integral component of the city's pavement maintenance program; and, WHEREAS, this activity is recommended for the area identified in the street infrastructure plan developed by GoodPointe Technology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. Such plans and specifications are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official paper, an advertisement for bids for crack repair and seal coating in accordance with said specifications. The advertisement shall be published for fourteen (14) days, and shall state that the bids will be opened at 10:30 a.m. CDT on Monday, April 16, 2012, at the New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid shall be given an opportunity to address the City Council on the issue of responsibility. No bids shall be considered unless sealed and filed with the city clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the city for five percent (5%) of the amount of such bid. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of March, 2012. 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I I E V �x R,: I! 4 } 1 ,w ML I 1 , � " N 3AV ONZO I I 1 Iz!ylcl6 LriB lsyd � -� IBR1• I ' 10. {.._m9-41 }..JLfA- my NL9FbB� i\ ; 189C 098G mW � mH �.. _`y I I 1 ISN _J 71 ._jf,,...jg..K-Jjr1 ✓`I\p�iy �,+.',,.'f.-i •.T_�,,.Tr•. r--9t9�`-•�BLBR Fti.lpeF m1�'�� \\�d.A_"L'+s- F-aolk. __meq �--L•-�BI� 1 i u�>�/�'. IL4f eU`_�,x i-EL,I._�,e�. I °OFFL� �s+f'f•-. 7.._f 1.1�� .l, ace cs�..-:Il9cj i.._.uen, � / �yr•� :� �'-_.c9esl..... f 9eeg f..,... .-r-T-T-"� ._.*..r..y...T...r _r...T..y�..-r_•T..T_T I I L88r I h � I 1 1 j 'IN Stantec Consulting Services Inc. 2335 Highway 36 West 5t, Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Stas As:: March 6, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2012 Seal Coat— Approve Plans and Specifications Client Project No.: 905 Dear Guy: The City of New Hope completes annual crack repair and seal coat application projects to extend the useful life of streets throughout the City. Each project Includes select streets to receive these treatments identified in New Hope's previously adopted pavement management plan. Plans and specifications for the 2012 seal coat project have been prepared and are ready for review. This project involves approximately nine miles of streets primarily between 36' Avenue and Medicine Lake Road, west of Wlnnetka Avenue (see attached plans). The anticipated costs are shown below with Alternate 1 including 36"' Avenue North, from TH-169 to Louisiana Avenue North: Base Bid - Seal Coat and Crack Repair $193,000 Alternate 1 - 36th Avenue North $63,000 Total Construction Costs $256,000 Indirect Costs $20,000 Total Project Costs w1Alt.1 $276,000 If Council chooses to move forward with this project, approval of plans ana specifications and authorization to advertise for contractor bids could be given at the March 12�' Council meeting. Bids could then be opened on April 16"' and brought back to Council for review at the April 23`d meeting. The work under this contract would be completed in the late summer months. If you have any questions or require further information please call me at (651)6044808. Sincerely, STANTEC WUAIJA- no. Christopher W. Long, P.E. Attachments: Draft - 2012 Crack Repair and Seal Coat Plans Cc: John Blasiak, Shawn Markham — New Hope; Mark Hanson, Katie Warner -- Stantec. STATE OF MINNESOTA AFFEDAVIT OF PUBLICATION Carrie Retzack , being duly sworn on oath say she/he is COUNTY OF HENNEPIN ) (SS. and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as SECTION 001113 ADVERTISEMEM FORMS sealed Bide 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, Mon- day, April 16, 2012, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else neces- sary for the following: 8018 Crack Repair and seal In general, Work consists of the following epprosimate quantities: 1,660 TN FA -2 Aggregate, Trap Rock 34,300 GAL Bituminous Material fol seal Coat 22,000 LBS Route and seal 27,000 LF striping, Paint (includes pavement markings) Complete digital Bidding Docu- ments are available at www.questodn.com for $20 by input- ting Quest Project #1647711 on the websites Project Search page. Paper Bidding Documents may also be viewed at the office of the City of New Hope and Stantec, 2936 High- way e6 West, St. Pan/, MN 65113, (651) 636-4600. Direct inquiries to Engineer's Project Manager Chris Long at (651) 604.4808. Bid security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accord- anee with the Instructions to Bid- ders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive ir- regularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. KIRK MCDONALD, City Manager City of New Hope, Minnesota (Published in Finance and Commerce March 23,26,2012) 22301128 and has frill knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as provided by Minnesota Statute 331A.02, and 331A.07, and other appli- cable laws, as amended. (8; She/He fwlber nates on oath that the printed Construction Bids - MN 2i?tiI1Z$ hereto attached as part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language; that it was first so published on March 23. 2012 fol. 2 times($); the subsequent dates of publications being as follows: Thursday, 03/29/2012 And that the following is a printed copy of the lower case alphabet from A to Z, both inclu- sive, and is hereby acknowledged as being the size and kind of type used in the composi- tion and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz X abodefghijklmnopgrstuvwxyz s � Subscribed and Sworn to before me this 29th day of MLrch. 2012 (Notarial Seam'Public, Hennepin County, Minnesota H rl SHAWNA RHEA SCHNotary Publi"Inne .. My Cammisslm pk" Jan 31 My RATE INFORMATION. Lowest classified rate paid by commercial users for 16.00000 comparable space: 2. Maximum rate allowed by law for the above matter: 1,41034 3. Raze actually charged for the above matter: 1.28213 SECTION 00 11 18 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, Mon- day, April 16, 2012, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else neces- sary for the following: 2018 Crack 8euair and Seal Coat- City Proieet No. 905 In general, Work consists of the following approximate quantities: 1,950 TN FA -2 Aggregate, Trap Rock 34,300 GAL Bituminous Material for Seal Coat 22,000 LBS Route and Seal 27,000 LF Striping,, Paint (includes pavement markings) Complete digital Bidding Docu- ments are available at www.questedn.com for $20 by input- ting Quest Project #1947711 on the websites Project Search page. Paper Bidding Documents may also be viewed at the office of the City of New Hope and Stantec, 2335 High- way 36 West, St. Paul, MN 55113, (651) 6364800. Direct inquiries to Engineer's Project Manager Chris Long at (661) 604-4808. Bid Security in the am un of 5 percent of the amount of the Bid must accompany each Bid in accord- ance with the Instructions to Bid- ders. 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 ir- regularities tregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner, IGM MCDONALD, City Manager City of New Hope, Minnesota (Published in Finance and Commerce March 23, 29, 2012) 22301128 COUNCIL r A Request for Action Originating Department Approved for Agenda Agenda Section Development and Public Works April 23, 2012 Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.4 Resolution awarding a contract to the Asphalt Surface Technologies Corporation for the 2012 crack repair and seal coat project for $197,982 (improvement project No. 905) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and the Asphalt Surface Technologies Corporation in the amount of $197,982 for the 2012 seal coat project. Policy/Past Practice To maximize the life of the pavement on our city streets, New Hope has traditionally practiced seal coating. This activity is critical to the city's current pavement management program. If delayed, maintenance cost increases and may result in premature expenditures for pavement overlays or reconstruction. Crack repair and seal coating is most effective in the early stages of the pavement's life. Background The city's street infrastructure management plan identifies and prioritizes street maintenance activities that maximize the return on each dollar invested in maintenance. The management plan has identified areas to be seal coated and/or crack filled this year. This year's proposed seal coat and crack repair project would include selected streets west of Boone Avenue between Medicine Lake Road and 36th Avenue, and Quebec Avenue south of 42nd Avenue. The crack repair portion of the project would include streets between Winnetka Avenue and Boone Avenue from 32nd Avenue to 36th Avenue. Seal coating 36th Avenue between Highway 169 and Louisiana Avenue was also considered for this year's seal coat project. However, it appeared that preliminary engineering cost estimates could put the project over budget. For this reason 36th Avenue was bid as an alternate. The streets recommended for seal coating are identified on the accompanying map. Motion by EL Second by To: / V I:rfalPubworks12012\905 2012 Awarding Seal Coat Contract Request for Action April 23, 2012 Page 2 Council approved the project plans and specifications and authorized advertising for bids on April 16, 2012. Prior to commencement of seal coating by the contractor, Public Works staff will complete miscellaneous curb replacements and asphalt patching throughout the project area. The project will take approximately 30 days and would occur this summer. Seal coating bids were received from the following contractors: Contractor Base Bid Alternate Bid (36th Ave) Asphalt Surface Technologies $197,982.00 $58,603.65 Allied Blacktop Company $1.99,812.35 $61,316.15 Pearson Brothers, Inc. $259,125.00 $125,680.00 The low bid, in the amount of $197,982.00, was submitted by Asphalt Surface Technologies Corporation. Due to budget constraints, staff is recommending 36th Avenue be removed from the 2012 project area and be reconsidered as part of the 2014 crack repair and seal coat project. Funding Funding for the seal coat/crack fill project will be from the city's street infrastructure fund. Attachments A map showing the area involved, a copy of the resolution, a letter from the city engineer, and the bid tab is attached. Lrfa\Pubworks120121905 2012 Awarding Sea] Coat Contract City of New Hope Resolution No. 12- 70 Resolution awarding a contract to the Asphalt Surface Technologies Corporation for the 2012 crack repair and seal coat project for $197,982 (improvement project No. 905) WHEREAS, the Council approved plans and specifications and ordered bids for implementation of the 2012 crack repair and seal coat improvement project; and, WHEREAS, this activity is an integral component of the city's pavement maintenance program; and, WHEREAS, the Council does hereby determine to proceed with the 2012 crack repair and seal coat improvement project; and, WHEREAS, the advertisement for bids for construction of the 2012 crack repair and seal coat improvement project was published in the New Hope -Golden Valley Sun Post, the official newspaper of the city, on March 29, 2012, and in the Finance & Commerce on March 22 and March 29, 2012; and, WHEREAS, the bids for construction of the 2012 crack repair and seal coat improvement project were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10:30 a.m. on April 16, 2012; and, WHEREAS, the bid of Asphalt Surface Technologies Corporation in the amount of $197,982 for construction of the 2012 crack repair and seal coat improvement project is the lowest responsible bid submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to Asphalt Surface Technologies Corporation NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for construction of the 2012 crack repair and seal coat improvement project is awarded to Asphalt Surface Technologies Corporation; 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, Hennepin County, Minnesota, this 23rd day of April 2012. �f . Mayor Attest: City Clerk Stantec April 16, 2012 Stantec Consuldrrg Services Inc. 2335 Highway 36 West 5t Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2012 Crack Repair and Sea] Coat City Project No. 905 Project No. 193802281 / 000034-12244-0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on April 16, 2012. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of three Bids. The following summarizes the results of the Bids received: contractor Base Bid Alternate No. 1 Low Asphalt Surface Technologies Corporation $197,982.00 $58,603.65 #2 Allied Blacktop Company $199,812.35 $61,316.15 #3 Pearson Brothers, Inc. $259,125.00 $125,680.00 The low Bidder on the Project was Asphalt Surface Technologies Corporation with a Total Base Bid Amount of $197,982. This compares to the Engineer's Estimate of $193,000. 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 Asphalt Surface Technologies Corporation should be awarded the Project on the Total Base Bid Amount of $197,982. . If the City Council wishes to award the Project to the low Bidder, Asphalt Surface Technologies Corporation, on the Total Base Bid Amount plus Alternate No. 1, then the Adjusted Total Bid Amount would be $256,585.65. 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Us: !.41 -A M'4 27TH AVE N T w I O Im 0 > — Z 9.6 -17.91 Iii.0 x'jjW' -ilii "a F, FE V-01 2012 [RACK REPAIR AND SEAL COAT LOCATION" 2-1-33 am U17 L _j L r 7- 3`?D0 ;w M S; MEDT NE LAKE ROAD (CID RD 70) O Im 13 NEW HOPE, MINNESOTA 2012 [RACK REPAIR AND SEAL COAT LOCATION" - __......_.. _... ___ 42ND AVE 9 Tso6.....: 3` n n rn Z ' I � i E I 4 •fax- 1 I 1 I I 1 1 i i l__.......1_____J -______J suet._ .I I I ! i --I 4p0e....4Q60....j 4Q36..iJ%i-,T�]A..AR71-•j4�-•I •;.. �, f.7 I ? ' � ; 4005 ! 4651 _4Ys, ....� 4¢52.a4a]. -_ 1 s,0.. _.4051. i 4, 46.a -.eka1 ._ i 4p16 _.w.0 _.. •W6 ._SjM.4 _..z t ww I •_ d ! 1, 1 I 41: 1 4°.12 -4Q4; 4es2 _ r __ � _" i 1?M, _}C39 ; I 11E Iz ; ', i I 14'<34...44yt._ � i - 14h!_xa._4Us44w- 4W 1._4}h1R._.44}lL.. I E ! 4L _w_._ 410L� 4:6-'11 4yn ... .I 60L L..: 40m 4mt I 1!-. I L� .I 4606-.4661-� 410. 10a1. _.I 4t.59_6L ....1 q.vi b. ...1 .40 3641 1 -MI 39e0 3642 - 7 3PL� 8....� JJJ............ QQ y F'6964` _. _] 11938 . 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LOCATION PIAN c:••, uc wa— G f May 1, 2012 Mr. Dale Strandberg ASTECH Corp. 8348 Ridgewood Road St. Joseph, MN 56374 Re: City of New Hope, Minnesota 2012 Crack Repair and Seal Coat Project City Project No. 905 Project No. 193802281 Notice of Award/Contract Documents Dear Mr. Strandberg: You are notified that your Bid dated April 16, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $197,982.00 for the Total Base Bid. The City Council has chosen not to proceed with Alternate No. 1. 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 6113.16 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 Brooklyn Park, MN 55443-3674 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies ASTECH Corp. (1 - your fide, 1 - your bond company) 1 copy City of New Hope, Attention: Ms, Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, STANTEC CONSULTING SERVICES INC. Christoph r W. Long, P.E. Enclosures: Four Contract Documents cc: Ms. Valerie Leone, City of New Hope Mr. Steven Sondrall, City Attorney Stantec Consulgng Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 5364600 Fax: (651) 636-1311 Stantlix May 1, 2012 Mr. Dale Strandberg ASTECH Corp. 8348 Ridgewood Road St. Joseph, MN 56374 Re: City of New Hope, Minnesota 2012 Crack Repair and Seal Coat Project City Project No. 905 Project No. 193802281 Notice of Award/Contract Documents Dear Mr. Strandberg: You are notified that your Bid dated April 16, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $197,982.00 for the Total Base Bid. The City Council has chosen not to proceed with Alternate No. 1. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 6113.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing Ste 201 Brooklyn Park, MN 55443-3674 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies ASTECH Corp. (1 - your fide, 1 - your bond company) 1 copy City of New Hope, Attention: Ms, Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, STANTEC CONSULTING SERVICES INC. Christoph r W. Long, P.E. Enclosures: Four Contract Documents cc: Ms. Valerie Leone, City of New Hope Mr. Steven Sondrall, City Attorney AMANDA M. FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P.PERSELLIN''a STEPTIEN M. RINGQUIST3 STEVEN A.SONDRALL Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law May 16, 2012 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2012 Crack Repair and Seal Coat City Project NO.: 905 Our File No.: 99.10030 Dear Val: 8525 EDMROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811$ TELEFAX (763) 493-5193 writer's e-mail - sas@jspattorneys.com 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 ASTECH Corp.. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, 9L Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Chris Long, City Engineer P:1AttorneylSAS51 Client Fitasl2 City of New Hopel99-101130 (Public Works Seneral)Uxone Itr 2012 Crack Repair and Said Coat Imp.(905).doe Page 1 of 1 Steven Sondmil From: Steven Sondrall Sent: Wednesday, May 16, 2012 11:21 AM To: 'Leone Valerie' Cc: gjohnson@ci.new-hope.mn.us; 'Coone Paul'; 'Long, Chris' Subject:. 2012 Crack Repair and Seal Coat proj 905 with ASTECH Attachments: 2012 Crack Repair and Seal Coat proj 905.pdf Hi Val Please see my attached letter. I will deliver the contracts and other documents to you on Friday morning after Rotary. If they are needed sooner, Guy or Paul can let me know. Steve Steven A. Sondrall, Esq. Jensen Sondrall & Persellin, P.A. 8515 Edinbrook Crossing, Suite 201 Brooklyn Park, AN 55443 Direct (7630201-0211 Firm: (763)424-8811 Fax; (763)493-5193 WARNING: Actual receipt of E -Mall communications should not be assumed.E--Maid communiocations may be intercepted or inadvertently misdirected The American Bar Association deems E -Mails a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (f any)cannot be assured Unless the text indicates otherwise, this E -Mail message and attachments (f any) shall not be deemed legal advice, nor does it create an attonvAlient relationship. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notes sender via E -Mail reply. 5/16/2012 May 1, 2012 2335 Highway 36 West 5t Paul MN 55113 Tel: (651) 636.4600 Fax: (651) 636-1311 Mr. Dale Strandberg ASTECH Corp. 8348 Ridgewood Road St. Joseph, MN 56374 Re: City of New Hope, Minnesota 2012 Crack Repair and Seal Coat Project City Project No. 905 Project No. 193802281 Notice of Award/Contract Documents Dear Mr. Strandberg: You are notified that your Bid dated April 16, 2012 for the above -referenced Project has been considered. You are the sucrossful Bidder and are awarded a Contract for the amount of $197,982.00 for the Total Base Bid. The City Council has chosen not to proceed with Alternate No. 1. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project, Please complete Specification Document 00 52 ID Agreement Form, Document 00 6113.13 Perforrnance Bond, and Document 00 6113.16 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 � G n �.�. 4'►.� �ar-�.t5 2k1 ct c � e d r �'-�'t �' Jensen & Sondrall PA b ; hd fkc bo tds i tl `t h v books J 8525 Edinbmok Xing Ste 201. Brooklyn Park, MN 55443-3674 n o After the necessary officials have signed the. Contracts, the City will distribute the Contracts as follows: 2 copies ASTECH Corp. (1- your file, i - your bond company) 1 copy City of New Hope, Attention: Ms. Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre-construcfion conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, STANTEC CONSULTING SERVICES INC, Christop r W. Long, P.E. Enclosures: Four Contract Documents cc: Ms. Valerie Done, City of New Hope Mr. Steven Sondrall, qty Attorney May 21, 2012 Mr. Dale Strandberg ASTECH Corp. 8348 Ridgewood Road St. Joseph, MN 56374 SUBJECT: 2012 Crack Repair and Seal Coat Improvements - Project No. 905 At its meeting of April 23, 2012, the New Hope City Council approved the contract with your company for project no. 905 for $197,982. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-636-4600 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures - Contract, IC -134 cc: Guy Johnson, director of public works Christopher Long, city engineer CITY of NEw HoPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 COUNCIL 1:rfa\Pubworks12012\905 2012 Seal Coat Motion Approving Allied Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 23, 2012 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.10 Motion approving that Allied Blacktop Company complete the city's 2012 seal coat project as a subcontractor to Asphalt Surface Technologies, contingent on Allied Blacktop Company securing the required bonding. (improvement project No. 905) Requested Action Staff is recommending that Council pass a motion approving that Asphalt Surface Technologies subcontract the 2012 seal coat project to the Allied Blacktop Company. Policy/Past Practice To maximize the life of the pavement on our city streets, New Hope has traditionally practiced seal coating. This activity is critical to the city's current pavement management program. If delayed, maintenance cost increases and may result in premature expenditures for pavement overlays or reconstruction. Crack repair and seal coating is most effective in the early stages of the pavement's life. Background Council approved the project plans and specifications and authorized advertising for bids on March 12, 2012. The city received bids from Asphalt Surface Technologies for $197,982, Allied Blacktop Company for $199,812.35, and Pearson Brothers Inc. for $259,125. Council reviewed the bids and awarded a contract to Asphalt Surface Technologies on April 23, 2012, for $197,982. Because Asphalt Surface Technologies has over extended themselves by bidding and receiving too many projects, they informed the city that they intended to subcontract New Hope's seal coat project to Allied Blacktop Company. Since the city has awarded many seal coat projects to Allied Blacktop Company over the last 20 years with good results, staff is agreeable to Asphalt Surface Technologies' subcontracting the 2012 seal coat project to Allied Blacktop Company. Motion bySecond by Vp To: 1:rfa\Pubworks12012\905 2012 Seal Coat Motion Approving Allied Request for Action July 23, 2012 Page 2 This year's seal coat and crack repair project includes selected streets west of Boone Avenue between Medicine Lake Road and 36th Avenue, and Quebec Avenue south of 42nd Avenue. The crack repair portion of the project would include streets between Winnetka and Boone avenues from 32nd to 36th Avenue. Seal coating 36th Avenue between Highway 169 and Louisiana Avenue was also considered for this year's seal coat project, however, the alternate bid for 36th Avenue put the project over budget so the 36th Avenue work was removed from the 2012 seal coat project and will be included in the city's 2014 seal coat project. The streets recommended for seal coating are identified on the accompanying map. The project will take approximately 30 days and will occur late this summer. Funding The contract for the project will remain at $197,982. Funding for the seal coat/crack fill project will be from the city's street infrastructure fund. Attachments A map showing the area involved and letters from the city attorney and engineer are attached. L•rfa\Pubworks12012\905 2012 Seal Coat Motion Approving Allied AMANDA M. FuRTH GORmN L. JENsEN' ADAM I KAUFMAN MELANIE P. PERSELLOP STEVEN A. SONDRALL 'Real Property Law Specialist Certified By The Minnesota state Bar Association 'Licensed in IllinoislColorada '�r,alisea Neutral Mediator mdor Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CRossIN6, STE. 201 BROOKLYN PARK, NhNNESOTA SSM -1968 TELEPHONE (763) 424-8811$ TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0211 e-mail sas@4TaUDrneys.com July -17 2012_._....__.. Guy Johnson Public Works Director City of New Hope Department of Public Works 6500 International Parkway New Hope, MN 55428 Re: 2012 Crack Repair & Seal Coat Project 905 ASTECH Subcontract with Allied Black Top Our File.: 99-10030 Dear Guy: I have had a chance to review the City's contract with ASTECH in light of ASTECH's decision to subcontract the entire project to Allied Black Top. It is my understanding ASTECH has overextended itself with other work it has committed to in South Dakota and cannot perform our seal coat contract. As a result, ASTECH has entered into a subcontract with Allied Black Top to perform our seal coat project, Coincidentally, Allied Black Top was the second low bidder on this contract. Basically, calling ASTECH's agreement with Allied a subcontract is exalting form over substance. In reality, ASTECH has assigned its contract to Allied. ASTECH will not be performing any work on the project; Allied will be performing all of the work. Our contract with ASTECH prohibits an assignment without our consent. Further, the contract states no assignment will release or discharge ASTECH from its duty or responsibility under the contract. Regarding subcontractors, the contract states the contractor may not employ subcontractors against whom the City has a reasonable objection. Further, ASTECH should have notified the City of its intent to subcontract this job to Allied prior to. the City's award of the contract to ASTECH. Finally, the contract documents require that ASTECH have a representative on the project to supervise all work. Also, subcontractors may not communicate directly with the City or Engineer but must communicate solely through the contractor. Therefore, if ASTECH does not have any employees on this project, it cannot comply with its work supervision requirement and Allied, as ASTECII's subcontractor, cannot comply with the communication requirement of the contract. With these objections in mind, the City could agree to permit Allied to perform this contract as a subcontractor to ASTECH. It's my understanding we have no reasonable objection to Allied as a subcontractor. Also, the contract doesn't prohibit ASTECH from using subcontractors as long as the City doesn't have a reasonable objection. We would have awarded the contract to Allied had it been the lowest bidder. Therefore, we have no reasonable objection to Allied as a subcontractor. July 17, 2012 Page 2 However, there would still be a problem with ASTECH's supervision requirement, Allied's communication requirement and bonding issues. The subcontract between ASTECH and Allied does not require Allied to post a bond. Also, I spoke with a representative of ASTECH's bonding company EMC Insurance Companies and was advised I could not get a letter from EMC indicating ASTECH's bond would cover the work of its subcontractors, i.e. Allied. As a result, our acceptance of Allied as a subcontractor on this project should be conditional upon Allied also posting a performance and payment bond in the amount of $197.982.00. We could waive ASTECH's work supervision requirement and Allied's communication requirements under the contract in light of our past working relationship with Allied Black Top. Please put this matter on the July 23'd Council apenda so that the City Council is fully aware of the issues ..................... surrounding this project and approves of Allied acting as a subcontractor of ASTECH. Finally, this arrangement will not increase the contract price of this project. Very truly yours, Steven A. Sondrall cc: Kirk McDonald Valerie Leone PAAUorwy%A5%1 t11m9 Fkei2 City of>vew HOPCN99-10036 (Public Works gewsl)Mltr 0 Jo!meon re ASHCH 2012 3el wale mmmectdoc stantec Consulting Services Inc. 2335 Highway 36 west St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Stantec July 18, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2012 Seal Coat — Allied Blacktop Subcontract Work Client Project No.: 905 Stantec No: 193802281 Dear Guy: During recent communications with Asphalt Surface Technologies (aka Astech), and at the preconstruction meeting on July 10th, Astech informed the City of their intent to subcontract a majority, if not all of their work to Allied Blacktop Company. The contract documents do allow for Astech to subcontract their work with no limitations on the amount of work being subcontracted. If this project were to be completed using State Aid funds, there would be stipulations on the amount of subcontract work. This project does not use State Aid funds; therefore, any amount of work may be subcontracted as long as the City does not have reasonable objections against the proposed subcontractor. The City has completed several seal coat projects over the past decade with the proposed subcontractor, Allied Blacktop Company, with no project issues. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC *AA,V� 00. Christopher W. Long, P.E. Cc: John Blasiak, Shawn Markham — New Hope; Mark Hanson, Katie Warner, Jason Petersen — Stantec. % , ■ q ° « I !VM _._a_._zz | |||, [�o |� _ V mRmw` g M3N k _ 3 2 b k " Ln 8 LU n k U / V CN 0 u � a N b O N B LUW $ $ d § § ■ LUW w z z z z § ] « ) d d d § § � 2 2 ƒ ) § 2 z _ ]) § u E q & z u q BI NY•d NOILMOI a sWON J}] IN a1n C JLVM lV3S (INtl NIVd3a )DM ZTOZ VIOS3NNIW L3d0H M3N u 1990 19941 f f I60C 6..f :94os ver. i ._...-1 1[[ F""7_T"L T•"5--�-_-.f_i _...____-- _ � 'C I k'�" 1. ___.. 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YVbY•yYdy 1.., Y,,,i._. 61�y I _E!� I IOK L I C7 F r , I I . I . 4Yn[Kle nell9R k'... .lanacntl]Asn Mm n9Cn_ COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works October 8, 2012 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.7 Resolution accepting the 2012 crack repair and seal coat project and approving the final payment request (improvement project No. 905) Requested Action Staff recommends that Council approve a resolution to accept the 2012 crack repair and seal coat project 905 and authorize the final payment to Asphalt Surface Technologies Corporation in the amount of $11,918.60. Policy/Past Practice To maximize the life of the pavement on our city streets, New Hope has traditionally practiced seal coating of all city streets. This is an activity that is critical to the city's current pavement management program. If delayed, the maintenance cost increases and may result in premature expenditures for pavement overlays or reconstruction. Crack repair and seal coating is most effective in the early stages of the pavement's life. Background The city's street infrastructure management plan identifies and prioritizes street maintenance activities to maximize the return on each dollar invested in maintenance. The management plan identified areas to be seal coated and/or crack filled this year. This year's proposed seal coat and crack repair project would include selected streets west of Boone Avenue between Medicine Lake Road and 36th Avenue, and Quebec Avenue south of 42nd Avenue. The crack repair portion of the project would include streets between Winnetka Avenue and Boone Avenue from 32nd Avenue to 36th Avenue. Council approved the project plans and specifications and authorized advertising for bids on March 12, 2012. On April 23, 2012, the Council approved a contract with Asphalt Surface Technologies Corporation in the amount of $197,982. Motion by �11M.4 Second by To: OA61 it Am aQo, /T I:\RFA\PUBWORKS\2012\905 2012 Seal Coat Final.doc Request for Action October 8, 2012 Page 2 At the project's preconstruction meeting on July 10, 2012, Asphalt Surface Technologies Corporation submitted a request to have Allied Blacktop Company complete the city's seal coat project as their subcontractor. Council reviewed the request and passed a motion approving that Allied Blacktop Company could complete the city's 2012 seal coat project as a subcontractor to Asphalt Surface Technologies Corporation. The engineer's original construction estimate for the project was $193,000. All work has been satisfactorily completed. The final value of the work is $185,886.50. Funding Funding for the street seal coat and crack filling is available in the city's street infrastructure fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, a map of the area, and the final pay request. I:\ FA\PUBWORKS12012\905 2012 Seal Coat Final.doc City of New Hope Resolution No. 12-149 Resolution accepting the 2012 crack repair and seal coat project and approving the final payment request (improvement project No. 905) WHEREAS, the city has entered into a contract with Asphalt Surface Technologies Corporation for the 2012 crack repair and seal coat project; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 905 and approve final payment to Asphalt Surface Technologies Corporation in the amount of $11,918.60; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Asphalt Surface Technologies Corporation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the 2012 crack repair and seal coat project from Asphalt Surface Technologies Corporation. 2. That the city manager is hereby directed to authorize the final payment of $11,918.60 to Asphalt Surface Technologies Corporation. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of October, 2012. Mayor Attest: foj�� City Clerk Stantec Consulting services Inc. 2335 Highway 36 West St. Paul MN 55113 Tek (651) 636-4500 Fax: (651) 636-1311 L ter - October 2, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 2012 Crack Repair and Seal Coat - Final Payment Request Client Project No.: 905 Stantec Project No.: 193802281 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the 2012 Grack Repair and Seal Coat project. The contractor, Asphalt Surface Technologies Corporation (a/k/a Astech Corp.), has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $11,918.60 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 $197,982.00. The contract included no change orders. The Final Construction Amount is $185,886.50, which is less than the Original Contract Amount. This project had a $12,095.50 under run, which was primarily due to the less amount of crack repair required. The majority of the project work was completed by Astech's subcontractor, Allied Blacktop. Although this was not a typical project set up, the project did run smoothly and Allied Blacktop completed the work under the Original Contract Amount and within the contracted schedule. The City has completed several seal coat projects over the past decade with Allied Blacktop, with no project issues. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC 30,0 e 0()' Christopher W. Long, P.E. Attachments: Signed Final Pay Request, IC -134 Forms Cc: Shawn Markham New Hope; Mark Hanson, Jason Petersen Stantec rtxi,a.0-In real+r-e.�.l]s..o-1x060+.n1+,!.aa]'n,.n .Ivtatais:ltin _ h6]i�-. •,iG}, • .: X42. ]V9 �6 9 _N ! . �F ,F, a ]e65 � $ a. �o :_ '0637 >b '+e,e y6,t -]s. 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F •....._._.„�........ .,_._-�___..�- _.___.,_.,.___J 1` .__ C,09 Y__44L_19��OKr. - 099 r - - ..-- - i 3AY Htgf. �T-Ji5 m09 m19 �^ �•Ihei 'OPa�� 11� �, 1 F--- G •,aid ��I F �; � I �i a � �'-'-'-- ? IOc} iii--acl IL ua� i exec i i � S ,oee! "cf a mte I.--nra i-ir*._� �-•-s£i� � � : 1 9oU �,W- IOPR-s �,C`; l9� --,...... � 1 Lid(.... 4..r-19[*- ait I 991E rr82 ./ I_....._. F -I 1; �.. H9� Y99q 8 ..I i F-- T ..�_I19q � I ., n••.F F ,, •BOGS iq, 4r,• ._.mac_•. 'r� ,�'-.` a� � �"� •. '. ? 1'' 1= }--H�-_948F �' •�C •, )" .f •`..,5f9`G ;-'p - ¢} i � F . r• -'Trice F, o.9r � S ¢ � 9[ec ` •� \ $,} !` � r i,..jtwy / 3AV CrYsprlgypBCi, �-o9ei I �•1=j'nr,, `-msF'"9s9'!: i-ii4"� I —20!.7303r1a -� .-.'pr* --. -vi4 . ....17^ ? •s'• -_w9. `ales --4SL' ! 4if -.91s09°4INC r s �rr.._r-T--..; _r.-r-rI' I j' -'T i -. NK -. '--'T-II `._.lift`- ' l ..•meds -VSEL -r I I�-mt. IID. 1 f _ i I'-i9t�i-9C7r---rli` .06r aoar''Mai ' -�• � � _ .--__.__.----- - j $ -91*r I-•-61d9-Vtl�r -Sill-,1L0. �.'-iiOr-KBr _i� Js'� 1 F �' �' we -4." r'smr. I �91 j-•iCbr' _'#lir l"-1�"'[YOr�-�-2lyrl �II 1 O91r I I F.__ -3 ['� 1 ! 1 r_.t.d9^2�. F'-.ROr s9dr !--4501- r -I -'skirl i i '-� �ttc `-r[R �Colp, 1 d___o1Jr.� 41ir oljr j , w T a i 4519 ice... a91! cl)G' S � � � � � .,_........_..-_--........_._,...,......._....___ -._...._.-_.,....._..._...__...__'-_'__..-__ ............. ... H3AV QNZ6 ... .._.. MII:M:9 tl@!!/r 9.rWW M9nMVMM�1rtZ9upVWna6i1:, Dwner: City of New Hope, 4401 Xyion Ave. N., New Hope, MN 55428 Date: September 19, 2012 For Period: 8/28/2012 to 9/19/2012 Request No: 2/FINAL :ontractor: Asphalt Surface TechnoiogieS Corp., aka ASTECH Corp., P.O. Box 1025 St. Cloud, MN 56302 CONTRACTOR'S REQUEST FOR PAYMENT 2012 CRACK REPAIR AND SEAL COAT STANTEC PROJECT NO. 193802281 CITY PROJECT NO. 905 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 6k A�� Approved by Contractor: ASPHALT SURFACE TECHNOLOGS CORP. a),, �� 764* Mary L. Pop �, Vice-Pfeiidbi it Specified Contract Completion Date: 193802281 RE42FINtiALidsm Approved by Owner: C F EW HOP --)o,,M , �6 . zr, I* M� � Date: :1 $ 19.7,982.00 $ 0.00 $ 0.00 $ _ 197,982.00 $ 185,886.50 $ . 0.00 $ 185,886.50 $ 0.00 $ 185,886-50 $ . 173,967.90 $ 0.00 2/FINAL $ 1.1.918.60 Approved by Owner: C F EW HOP --)o,,M , �6 . zr, I* M� � Date: :1 TOTAL BASE BID: $185886,5_0 TOTAL WORK COMPLETED TO DATE $185,886.50 Contract Unit Current Quantity Amount No. Item Unit Quantity Prise uan Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 $3,500.00 1 $3,500.00 2 TRAFFIC CONTROL LS 1 $3,500.00 1 $3,500.00 3 ROUTE AND SEAL LBS 17790 $1.49 11660 $17,373.40 4 BITUMINOUS MATERIAL FOR SEAL COAT GAL 27100 $2.55 26850 $68,467.50 5 SEAL COAT AGGREGATE, FA -2 (MOD), TRAP ROCK TN 1550 $60.00 1504.72 $90,283.20 6 PAVEMENT MESSAGE (LEFT ARROW) PAINT EA 5 $65.00 5 5 $325.00 7 4" DOUBLE SOLID LINE YELLOW - PAINT LF 1490 $0.16 1490 1490 $238.40 8 4" BROKEN LINE YELLOW - PAINT LF 300 $0.08 300 300 $24.00 9 4" SOLID LINE WHITE - PAINT LF 2100 $0,08 2100 2100 $168.00 10 12" SOLID LINE WHITE - PAINT LF 135 $2.70 135 135 $364.50 11 36" ZEBRA CROSSWALK WHITE PAINT SF 500 $2.50 657 657 $1,642.50 TOTAL SASE BID: $185,886.50 TOTAL BASE BID: $185886,5_0 TOTAL WORK COMPLETED TO DATE $185,886.50 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 905 STANTEC PROJECT NO. 193802281 CONTRACTOR ASPHALT SURFACE TECHNOLOGIES CORP.. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainaae Comnleted 1 08 /01/2012 $197,982.00 08/27/20112 Change Orders 173 967.90 9 156.21 183 124.10 2/FINAL 08/28/2012 09/19/2012 11 918.60 I85 886.50 Material on Hand Total Payment to Date $185,886.50 Original Contract $197,982.00 Retainage Pay No. 2/FINAL Change Orders Total Amount Earned $185,886.50 Revised Contract $197,982.00 I wARnooni RFn7F:FJAF vlcm 4 Page 1 of 1 MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 25 -Sep -2012 4:52:03 PM Confirmation Number: Name: ID: Affidavit Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 0-664395-264 ASPHALT SURFACE TECHNOLOGY CORP 3921215 1383989248 CITY OF NE HOP CONTRACT NO 905 8/6/2012 9/14/2012 CITY OF NEW HOPE $185,886.50 Sub Name Sub ID Sub Affidavit Number ALLIED BLACKTOP COMPANY 8606387 1091649536 AAA STRIPING SERVICE CO 6290097 1477263360 You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please in j this confim. , _ for your records using the print or save functionality built into your browser. https:llwww.mndor.state.rnn.usttplretrieve?type=PrintFriend&key 1=459772416&key2=3 5... 9/25/2012 Page 1 of 1 Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 16 -Aug -2012 11:51:47 AM Confirmation Number: 1-476-720-128 Name: ALLIED BLACKTOP COMPANY ID: 8606387 Affidavit Number: 1091649536 Project Owner: CITY OF NEW HOPE Project Number: 905 Project Begin Date: 8/6/2012 Project End Date: 8/10/2012 Project Location: VARIOUS ROADS AND STREETS Project Amount: $183,064.10 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please print this confirmation page for your records using the print or save functionality built into your browser. https:llwww.mndor.state.mn.usltplretrieve?type=PrintFriend&key 1=5341696&key2=6372... 8/16/2012 139e'19/2012 59:00 715:342EIS557 AAA iTRIPIM-i PAGE 0L101 Page 1 of i 'i'r��r� G�rx{:tacta:r A€fr,davi:E a nr ucst i:. , l,;ppro��ey:i. ,!, cap" of t.1JS INLge NILIST be pry ��ided `xF if7e: c:c�rta:.��tor or 90'vee� Mernt agcLc:3► that hireld You. Sti mitt*l Date and Time: 19-Sep.,2012 9:00:53 AM:[ (:'.anflTmE.tion Number: 0,-W6 198-144 NEme, AAA S'IR,1F')NI"T I>E' RVIC 17- 1-;'1".� ID: 629WS17 Af'f dwvit Nuw►ber-. 14117263.3x)0 PR jest IDIMer: CITY Q :NEW HWE Proje"crt Number: • 9105 F'roje-0 Begin Date: 9,+;x,'20; 2 Project E.:id Date. 9.114/2012 Project 1,E�catjorE: CITY Coll :VELI HOPE F'mIject Amount: $3,839.10 I.►1xontractm'g: No 3utlasnatravior's, You can always see ocyypie,s of your 13-ansactions 1:�y going to your Requests tab3,om Homc pa.gc. For a paper cOpy of this conf=- ation; click on thr. 'View" button. P'1m-= grint this qgn i=gjgjij= -for your records using the IIrint or save A.-inctionality bttil,t into yo» browser. http:!rwvr++N.mrrder.statc.nrrn.rt&ftp►rE t[ie9ve;?t3'e= I�Z�IrllFgond,:e.;r 1•=16273C1t19)8skc+2---088561717 9/1912012 ohnaon GUv -- / Franu Steven Sondrall [SAS@JSPAttorneys.coml V Sent Monday, July 30,2012 11.18 AM 2 U 5,w lnV" To. Johnson Guy Cc Markham Sharon; Coone Paul; Blasiak John;'Chris Long'; Tetersen, Jason Subject: RE: Seal coat Subcontractor Insurance & Bond Information Guy The insurance and bonding for Allied iscceptable. Contact me if you have any other questions. Steve Steven A. Sondrall, Esq. Jensen Sondrall & Persellin, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Direct (7630201-0211 Firm:(763)424-8811 Fax; (763)493-5193 WARNING: Actual receipt of E -Mail communications should not be assumed.E-Mail communiocations may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mails a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any)cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments.(if any) shall not be deemed legal advice, nor does it create an attorney/client relationship. if the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify sender via E -Mail reply. -----Original Message ----- From: Johnson Guy [mailto:gjohnson@a,ci.new-hope.mn.us] Sent: Friday, July -27, 2012 1:20 PM To: Steven Sondrall Cc: Markham Shawn; Coone Paul; Blasiak John; 'Chris Long'; 'Petersen, Jason' Subject: Seal coat Subcontractor Insurance & Bond Information Steve, Attached are Allied Blacktop's bond and insurance information. They hoping to get started the week of August 6th if everything is okay. Thanks, Guy -----Original Message ----- From: M3035 [mailto:M3035 ci.new-ho e.mn.us] Sent: Friday, July 27, 2012 12:36 PM :Jo- yf 5 ALLIEI2 OP ID: JE %�ICURO" Ai- CERTIFICATE OF LIABILITY INSURANCE DATE IMM10D1YYYY} . - 07125/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED " REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the polity, certain policies may require an endorsement A statement on this certlticale does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - 952-996-8818 Northern Capital Insurance Gro Wayne Mann Agency 952-829-0482 CNO..ACT Jeanmarie Houle, CIC - PHHca E E .952-095-0895 AX ; 952-829-0482 P.O. Bax Minneapolis, MN 55440-9396 am iss; eanmariehou[ northernca ital-mn.com - INSURER(S) .AFFORDING COVERAGE " MAIC I Steven Scollard INSURER A: Hariysm 'Ile Insurance Co. ": 23582 04130/13 04130/13 r�suRrrD Allied Blacktop Company Pete Capistrant 10503 89th Avenue No INsL%ERB:TBG - Star Insurance Co. INSURER C: INSURER D: Maple Grove, MN 55369 'INSURER E: " INSURER F: C07263(81051 COVERAGES CERTIFICATE.NUMBER: 001 RFVLSI[]N 11411 Ali 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 CONTRACTOR OTHER DOCUMENT W[TH 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. LImms SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. - INSR LTR TYPE OF INSURANCE POLICY NUMBER M OLICY EXP MM1D LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—_--1 OCCUR X BLKTADDTLINSD X PA7961HE CG7254(8105) 04130M2. 04MR2 04130/13 04130/13 EACH OCCURRENCE S 1,000,00 Am PREMISES Ea occurrence S. 300,0O MEDEXP{Anyone person) S 5,00 PERSONAL AADV INJURY S 1,000,00 X CMPLTDOPS AA C07263(81051 W30M2 04/30113 GENERAL AGGREGATE' S 2,DOO,OO GEN'L AGGREGATE LIMIT APPLIES PER: POUCY X PRO' Loc PRODUCTS- COMPIOP AGG S 2,000,00 PO DIED - s 50 A AUFOMOBILELIASILnY. X - X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS MCS -90 X BAS2777E 64/30/12 04/30/13 COMBINEDSrNGLELiMIT 1,000,00 Eaacc,denl S BODILY IN,AIRY (Per personl .S BODILY INJURY {Per acatlen1l S �OP�Ty AM aaident : S. X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,00 A EXCESS LIAB CLADS -MADE MB82719E 04130M2 04/30/13 AGGREGATE S - 5,000,00 DED X RETENTIONS 10, 000 - S B WORKERS COMPENSATION, AND EMPLOYERS'LWBLnY ANY PROPRIEfOR1PARTNERIEXECUTIVE YIN OFFICERA&MBER EXCLUDED? (Mandatory In NHL. II es, describe under' DESCRIPTION OF OPERATIONS below N f A 0-0000303 01/01/12 - - Q110i113 XWCSTATU- OTH- T RY 'TER E.L. EACH ACCIDENT S 1,000,00 El. DISEASE - EA EMPLOYEES 1,000,00 EL. DISEASE- POLICY LIMB Is 1,000,00 A Equipment Floater MPA7961SE 04/30/12 04/30113 Equipment 2,385,97 A ental Equipment PA7961 BE 04130P12 04130113 Blanket 30,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Aeach ACORD 101, Adcleanal Remarks Schedule, If more spam is required! TECH Corp. and City of New Hope are included as Additional Insured on the General-Liabiity and Auto Liability policies as required by a written contract provided the contract was executed ),aas r to loss with respect to the 2012 Crack Repair and Seal Coat City Pro ject No. 905. ASPHALTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN Asphalt Surface Technologies ACCORDANCE WITH THE POLICY PROVISIONS. Corporation aka ASTECH Corp. PO Box 1025 AUrHORZPOREPRESENTATIVE St.Cloud, MN 56302 ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL. UABILITY COVERAGE FORM CG 7254 (Ed. 3-05) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE. READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR.: CONTRACTORS -A UTOMATIC STATUS WHEN REOUIRED IN CONSTRUCTION AGREEMENT WITH YOU A Section II -Who Is An Insured is aimnded to include as an insured any person or organization for whom you are performing operations only as specified under a written contract (for purposes of this endorsement referred to as the 'written contract) that requires. that such person. or organization be added. as an additions I insured on your policy. Such person or organization is an additional insured only with respect to liability caused, in whole or. in part,. by the acts or omissions. of the "Named Insured", or those acting on behalf of the "Named .Insured", in the performance of the "Named Insured's"ongoing operations for the . additional insured only as specified under the "w itten contract". A -person's or organization's status as an., insured under this endorsement ends when your on-going operations for that insured are completed., B.. The insurance provided to additional insured by this endorsemert is limited as follows; , a. The additional insured is covered only for such damages which are caused, in whole or. in part,'by the acts or omissions of the "Named Insured", or those acting on. behalf of the wNamed insured", to which the additional insured is entitled to. be indemnified by the "Named' Insured" pursuant to the 'Written contract" and only for thosesums that the additional insured is legally obligated to pay as damages under tort law principles to the Injured. party because of "bodily injury", "property damage" or "personal and advertising injury" to which is insurance applies, and in accordance with the stated policy limits and policy conditions= This coverage does not apply for defense or indemnity of the additional insured if state ar federal. law does not permit indemnification of the additional insured by the "Named Insured" for the claim of the third party. b. The limits of insurance are those set forth in the policy and Declarations or those specified in the "written contract": whichever is less: C. With respect to the insurance afforded to additional insured, the following exclusions are added: 2. Exclusions a: This insurance does not.apply to "bodily injury", "property damage" or "personal and advertising injury". which occurs after the. earlier of when: (i} All :work by the: 'Named Insured", including materials, parts or equipment. furnished in connection with such work, on -the project. (other than service,' maintenance or repairs) to be perforri-med for the' additional insured at the, site of the covered operations where, the injury or damage occurred has been. completed; or (2)' That portion of the `Named Insureds' work out .of which theinjury or damage arises has been put to. its 'intended use by .any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Work that may need service, -maintenance, correetion,' repair or replacement, but which is otherwise complete. will be. -treated. as completed. b. This insurance does not apply if the "written contract" was not executed by the "Named Insured" prior to the "occurrence" giving rise to the additional insured's potential liability. CG -7'254 (Ed. 3-05) Page 1 of 2 c. This insurance does not applyto the additional insured's liability to indemnify, defend or hold harmless a third party. d_ The insurance provided to the additional insured does not apply to "bodily injury', "property damage', or "personal and advertising injury' arising out of an architect's, engineer's, or surveyor's .rendering of or failure to render any professional services including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, drawings or specifications; and (2).Supervisory, inspection, architectural. -or engineering services_ D. Other Insurance 1. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured.whether primary, excess, contingent, or on any other basis unless the "written contract' specifically requires that this insurance be primary . and that the_addi#ional insured's primary coverage be non-contributory. 2. Even if the requirements of paragraph 1 are met, this coverage -shall share with other insurance available to the additional. insured which is conferred onto said person or organization by a separate additional insured endorsement,.. This cost-sharing shall be pursuant to Section IV, paragraph.4. c., Method of Sharing. E. Definitions "Named Insured" is defined as the entity to whom the insurance policy is issued as shown on the Declarations. CG?254 (Ed. 3-05) Page 2 ort This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM UU-iZas (Ed. 8-Q5) THIS ENDORSEMENT CHANGES THE POLICY...PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS— COMPLETED OPERATIONS- AUTOMATIC STATUS WHEN REQUIRED IN. CONSTRUCTION AGREEMENT WITH YOU A. `section II - Who Is An Insured is amended to include. as ari` insured any person or organization for whom you are performing operations only as specified under a written contract (for purposes ofthis endorsement . referred to as the "written contract") that requires. that such person. or organization be added as an additional insured on'your policy. Such person or organization is an additional insured.only with respect to. liability caused; in whole or in. part, by the' acts or omissions of the "Named Insured", or those.acting on behalf of the "Named Insured", in the performance of the "Named Insureds" work.for the additional insured. and included in the "products=completed operations hazard"which was performed for that, insured only as specified under the "written contract". B. The insurano& provided to additional insured by this endorsement is limited as follows_ a: The additional insured is covered only for such damages which are caused, in whole or in part,.' the. acts or omissions of the "Named Insured", or those. acting on behalf of the "Named Insured", to which the additional insured, is entitled to be indemnified by the "Named Insured" pursuant to the "written contract' and only for .those sums that the ' additional insured is legally obligated to pay as damages. under tort law principles to the injured party because of "bodily injury", "property damage" or "personal and advertising injury". to which this insurance applies, and in accordance with the stated.policy.limits and policy conditions. This coverage does.not apply for defense or indemnity of the additional insured: if state or federal law does not permit indemnification of the additional insured by the "Named Insured" for the claim of the third party. b. The limits: of insurance are those set forth •in the policy and Declarations or those specified in the "written contract", whichever is less.. C. With respect to -the insurance afforded to additional insured, the following exclusions are added: 2.. Exclusions a. The insurance provided to the additional insured does not .apply to "bodily injury", "property damage", or `personal and advertising injury" arising out of an architect's, engineer's, or surveyor's tendering of or failure to render any professional services including: (i) .The. preparing, approving or, failing to prepare or approve maps, shop' drawings, opinions; reports, -surveys, field orders, change orders, drawings or specifications; -and (2) Supervisory, inspection, architectural, or engineering services.. b. :This insurance does not apply if the "written contract" .was not executed by the "Named insured" prior to the 'occurrence" giving rise to the additional insured's 'Potential liability.: . c, This insurance. does not. apply to the additional insured's liability to indemnify, defend, or .hold harmless a third party. D. Other Insurance 1. Any coverage provided by this endorsement to an additional insured- shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the "written contract" specifically requires that this insurance be primary and that the additional insured's primarycoverage be non-contributory. CG -7263 (Ed. 8-05) Page 1 of 2 2. Even if the requirements of paragraph i are met, this coverage shall share with other insurance available to the additional insured which is conferred onto said person or organization by a separate additional insured endorsement. This cost sharing shall_ be pursuant to Section IV, paragraph 4. c., Method of Sharing. E. Definitions "Named Insured" is defined as the ' entity to whom the insurance policy is - issued as shown on the Declarations. CG -7263 (Ed. 8-05) Page 2 of 2 THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA SUBCONTRACT PERFORMANCE BOND Any singular reference to Principal, Surety, Obligee or other party shall be considered plural where applicable. PRINCIPAL (SUBCONTRACTOR) (Name and Address): Allied Blacktop Company 10503 89th Avenue North Maple Grove, MN 55369 OBLIGEE (CONTRACTOR) SURETY (Name and Address of Surety Company Office): Western Surety Company (Bond # 929556920) 101 South Phillips Avenue Sioux Falls, SD 55104 (Name and Address): Asphalt Surface Technologies Corporation a/kla ASTECH CORPORATION P.O. Box 1025 St. Cloud, MN 56302 SUBCONTRACT Date: Juiy'11, 2012 Amount: $195,612.10 Description of Project (Name and Location): 2012 Crack Repair and Seal Coat City Project No. 905 ASTECH JOB # B12-064 BOND Date (Not earlier than Subcontract Date): July 25, 2012 Penal Amount: $195,612.10 SUBCONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Allied Blacktop Company Western Surety Cc C Signature: Signature: Name and Title: Pte►- 1�l _ t Name and Tit e. �.t�►1 Attach Power of Witness: Witness: (Any additional signatures appear on page attached) FOR INFORMATION ONLY Northern Capital Insurance Group AGENT or BROKER: P.O. Box 9396 (Name, Address and Telephone) Minneapolis, MN 55440-9396 Telephone: 952-996-8829 AOC DOCUMENT NO. 606 • SUBCONTRACT PERFORMANCE BOND • 1988 Seal) John G. Hagberg, AttomeyAn-Fact N 01988, The Assodafed General Contractors of America Articles 1. SCOPE OF BOND. The Principal and the Surety, jointly and severally, bind. themselves, their heirs, executors, administrators, successors and assigns to the Obligee for the performance of the Subcontract, which is incorporated in this bond by reference. In no event shall the Surety's total obligation exceed the penal amount of this bond. 2. EFFECT OF OBLIGATION. If the Principal performs the Subcontract, then this bond shall be null and void; otherwise it shall remain in full force and effect. 3. ALTERATION NOTICE WAIVER. The Surety hereby waives notice of any alteration or extension of the Subcontract, including but not limited to the Subcontract price and/or time, made by the. Obligee. This waiver shall not apply to the time for suitprovided by paragraph 5 hereunder. 4. PRINCIPAL DEFAULT. Whenever the Principal shall be, and is declared by the Obligee to be in default under the Subcontract, with the Obligee having performed its obligations in the Subcontract, the Surety may promptly remedy the default, or shall promptly: 4.1 COMPLETE SUBCONTRACT. Complete the Subcontract in accordance with its terms and conditions; or 4.2 OBTAIN NEW CONTRACTORS. Obtain a bid or bids formally, informally or negotiated for completing. the. Subcontract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or,. if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party. and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the contract price_ The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Subcontract; the Obligee's legal and design professional costs resulting directly from the Principal's default, and; liquidated damages or actual damages if no liquidated damages are specified in the Subcontract. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Subcontract and any amendments to it, less the amount properly paid by the Obligee to the principal; or 4.3 PAY OBLIGEE. Determine the amount for which it is. liable to the Obligee and pay the Obligee that amount as soon as practicable; or 4.4 DENY LIABILITY. Deny its liability in whole or in part and notify and explain to the Obligee the reasons why the Surety believes it does not have responsibility for this liability. 5. TIME FOR SUIT. Any suit under this bond must be, instituted before the expiration of two (2) years from the date of substantial completion as established by the contract documents. 6. RIGHT OF ACTION. No right of action shall accrue on this bond to or for the use of any person or entity other than the Obligee named herein, its heirs, executors, administrators or successors. AGC DOCUMENT NO. 606 • SUBCONTRACT PERFORMANCE BOND .1988 01988, The Associated Genera! Contractors of America THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA SUBCONTRACT PAYMENT BOND Any singular reference to Principal, Surety, Obligee or other party shall be considered plural where applicable. PRINCIPAL (SUBCONTRACTOR) SURETY (Name and Address of Surety (Name and Address): Company Office): Allied Blacktop Company Western Surety Company (Bond # 929556920) 10503 89th Avenue North, Maple Grove, MN 55369 101 South Phillips Avenue, Sioux Falls, SD 55104 OBLIGEE (CONTRACTOR) (Name and Address): Asphalt Surface Technologies Corporation a/k/a ASTECH CORPORATION P.O Box 1025 SL Cloud, MN 56302 SUBCONTRACT Date: July 11, 2012 Amount: $195,612.10 Description of Project (Name. and Location): 2012 Crack Rapair and Seal Coat City Project No. 905 ASTECH JOB# B12-064 BOND Date (Not earlier than Subcontract Date): July 25, 2012 Penal Amount: $195,612.10 SUBCONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Allied Blacktop Company Western Surety Company .4 AA C Signature: /� ! Name and Title. A4 ( p , Witness: (Any additional signatures appear on page attached) FOR INFORMATION ONLY AGENT or BROKER: (Name, Address and Telephone) Signature: — Name and Tit Attach Power Witness: Northern Capital Insurance Group P.O. Box 9396 Minneapolis, MN 5WO-9396 Telephone: 952-996-8829 AGC DOCUMENT NO- 607 • SUBCONTRACT PERFORMANCE BOND • 1988 G. Hagberg, Attomey-in-Fact N 01988, The AssodaW General Contractors of America Articles 1. SCOPE OF BOND. The Principal and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Obligee to pay for labor, materials and equipment furnished for use in the performance of the Subcontract, which is incorporated in this bond by reference and pursuant to which this bond is .issued. In no event shall the Surety's total obligation. exceed the penal amount of this .bond. 2. EFFECT OF OBLIGATION. If the Principal shall promptly make payment directly or indirectly to all Claimants as defined in this bond, for all labor, material and equipment used in the performance of the Subcontract, then this bond shall be null and void; otherwise it shall remain in full. force and effect, subject, however, to the following conditions: 2.1 TIME FOR CLAIM.. The Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full. before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were. famished by such Claimant, for which claim is made, may have a right of action on this bond. The Obligee shall not be liable for the payment of any costs or expenses including attomeys' fees which the Obligee may incur in connection with its defense of any such right of action. 2.2 RIGHT OF ACTION. No suit or action shall be commenced on this bond by any Claimant: 2.2.1 Unless. Claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following:. Principal, Obligee, or the Surety above named, within .ninety (90) days after such Claimant did or performed the last of the work or labor, or fumished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in. an envelope addressed to the Principal, Obligee or Surety, at any place within the United States where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, however, such service need not be made by a public officer. 2.2.2 After the expiration of one. (1) year from the date (1) on which the Claimant gave the notice required by Subparagraph 2.2.1, or (2). on which the last labor or service was performed by anyone. or the last materials or equipment were furnished by anyone on the Project, whichever first occurs. Any limitation embodied .in this bond, which is prohibited by any law controlling the Project, shall be deemed to be amended so as to be equal to the. minimum period of limitation permitted by such law. 2.2.3 Other than in a state court of competent jurisdiction.in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 3. CLAIMANT. A Claimant.is defined as an individual or entity having a direct contract with the Principal to fumish labor, materials or equipment for use in the performance of the Subcontract or any individual.or entity having.valid lien rights which may be asserted in the jurisdiction where the Project is .located. 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 Subcontract, architectural and engineering services required for performance of the work of the Principal, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumished. 4. AMOUNT OF BOND. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith by the Surety. ALTERATION NOTICE WAIVER.. The Surety waives notice of any alteration or extension of the Subcontract, including but not limited to the Subcontract price and/or time, made by the Obligee. This waiver shall not apply to the time for suit provided by Paragraph 2.2 hereunder. AGG DOCUMENT NO. 607 • SUBCONTRACT PAYMENT BOND • 1988 01988, The Associated General Contractors of America STATE OF— COUNTY OF ACKNOWLEDGMENT OF PRINCIPAL (Individuaf) ss.: On this day of Pe, rsonally comes) , in the year ter, before me to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument and acknowledge(s) to me that—he—executed the some. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnership) STATE OF— COUNTY F_COUNTY OF On this day of , in the year ,before me personally come(s) a member of the co -partnership of :o me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co -partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF f"f f� COUNTY OF . On th'ss .. 615 day of l , in the year 2D"'before me personally corne(s) t5ffhn: A4 to me known. who being by ine du y sworn, eposes and says that he resideq in the fity of. that he is the of the !! the corporation described in and which executed the foregoing instrument; that he knows the seal Lf the said co on; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. s NAOMI N. A. BRETZ NOTARY PUBLIC -MINNESOTA NOTARY PUBUC FkY Commission Expires Jan. 31.2415 ACKNOWLEDGMENT OF SURETY STATE OF MjImesplaY l ss.: COUNTY OF Hennep%n f On this y of L k_ 44in the year ��7'hefore me Personally come(s) John G. Ha her - Attorney (s)-in-Factaf Western Sure with whom l am personally acquainted, and who, being by me duly sworn, says that he resides) in P].y!92uth, -MN that he is {are) the Attomey(s}-in-Fact of Western Si=et .._ -the company described in and which executed the within instrument; that he knows) the corporate seal of such Company; and that the seal affixed to the within instrument iS.such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attomey(s)-in-FaZofeid Comp y by like order. WNNA:JOYCE HAGBERG TA pue.9713 — 3181 BDiAlf1IIIIC • MINMESpip: ' •. mww a AES Q11811dD16 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mea By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Judith L Jorissen, Garth R Fisher, John G Hagberg, Steven W Scollard, Individually of Bloomington, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fatly and to the same extent as if such instruments were signed .by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confined: This Powes of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 11th day of September, 2807. ETM WESTERN SURETY COMPANY ErjE - Pout . Brufiat,Senior Vice President State of South Dakota ss County of Minnehaha On this I Ith day of September, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn did depose and say- that. he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires r P D. KRELL r November 3D, 2012 r NOTARY PUsLic 1 r sERt soUTH DAKOTA st?AL i r s•. �'gg4ti4 gg4g4tibqqq ggqq qqq } D. Krell, No Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and farther certify that the By -Law of the corporation printed on the reverse hereof fiisrstill lin force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this R_J day of^ �E�TMo WESTERN SURETY COMPANY y�l ppq �6� �w'voQ` gTtM1gv= z L- Nelson, Assistant Secretary Form F4286-04-06 JLU J'JL-.12-2Q12 TH�1 10.59 AM ASTECH _. 303 d r uu P. 002 i FAX N0. 320 363 8700 P. 02 STANDARD SUBCONTRACT AGREEMENT i>dPORTII�i? Prepared by the Standard Forms Committee (HigtwaylH©avy-IndustriallMunicipaltlJtilities Division) Jir ASSOCIATED GENERAL CONTRACTORS OF MINNESOTA, tNC. FO" 1998 Editian wh$esppggplr~ [-HIS AGRUSMBN7; Made Ih;s 1 lth �y of .Tutt' ; 2012 by and bntwea:n trio falle !t Ir paries PONTRw MIL' Asphalt Surface Technologies Corporation a/k/a ASTECH Corp. P. 0.' Box 1025 -- St. -Cloud, Minnesata 56302 hone:/ ferzl 320-363-8500. / 320--363--8700 SUBCONTRACTOR-- Allied Balcktop Co. ;aeltt,us} 10503 89th Ave. North - Maple Grove MN 55369 honeIlux .. 763-425-0575 / 763-425-1046. WH1itEP 5 the Centncr� lrax entcru; into a r mmm wit; OWNXR: City of New _Hope (addrew) 4401 Xylon' Acre. North - New Hope MR 55428 htmt l fail: 763-531-5300 and comi>Jcdeut of 2012 Crack Repair and Seal Coat ''City Project No. 905 ENGINEER! Stantec .(Chris Loos) ursuant to lana and specifcatkena trcparcd b) (adds—) 2335 Wast .Ewy- 36 - Sr. Paul, MN 55113 (phone J fax) 651-604-4808 /- 651-636-1311 Which tdttlfaCl Consixtimia oFthe contract' Chepfans, tlmwings and spccificaiions, the ganand conditions, the special conditions. dic bond, if any, and anyaddcrula or amandmrits No& and the (check any that apply) ( ) invitation to bkWcr.% L) tho m5trttctions to bidders. ( } 1ho rcqu=t for propw.4. are Itereaea ftex eolbxti'ly referred 10 as the General Contract; and Whereat- The Centrdt:tor has made available to the Subcontractor all of the: above documents, and rite 5teboontracteu t: rea shall be for obtaining copiss pctilwa to its work , and WMRWAS. 7ba above-h;rve been carofnlly ra[atnined by the Subcontrarsor, NOW TH=ORE TFI>iWBCONTRACrORAGREES As FOLLOWS: 1. (WORL) To Benin b all labor, material, skill and a qu*enl neccxtary Orrequimd and to perform all the work (collectively, the "Wor'k") nexasazry to cotm*W the following (heat deseriibo Work covered by t% Suhemuxt): Item No. Description Quantity -Unit Unitprkc Amount 1 24ob31ization 1 2. ZS $3,500.00 �. 3,540.00 Traffic -Control 1 3 LS . 3,500.00 3,500.00 Root and.Seal. 17,790. 4 Bituminous Material for Seal Coat 27,100- LBS, 1.49 26,507.10 GAY. 5 Seal Coat Aggregate, FA -2 (MOD), Trap 1,550 2.55 69,105.04 TON 50.00 93,000.00 Rock: Total $195,612.1.0 ?((,uternlContrtetObligativas)Toht botu mthe ContractorbythetetinsroftheGcnamlContract, to ro0oTm to and coaylywiihihaprovisioas ,3r,i a Camera) C'.oatraet, and to ttsaupw toward the Contractor all the obligntionsand responsibnities dtat the Can[ractor asdmnd es in and by the General Contract toward tier Ow,ur, insofar as they are npplieahlc to [his Subcontract Where any pruvibitin of rine General Contract betwcra the; owner oral the Contrrctur is inaonsiytcnt with any provision of this SubCummel, this Subeommu shill gokdrn. eg Copyrigfu 1998asat,ciatE4 Ganerat Contactors of Minne;ol:e, Inc. CAUTIOtj: Ur a Jn orer..vr iginal AGC drim with this tiro: priulrt:d In rex:, FORPgGE9ey�E 1014 Rm Date/Time :.111L-1'2-2012(TH11) 08:21 320 363 8700 P: 003 JUL-12-2012 THU 11:00 AU ASTECH . FAX NO. "320 363 8700 P. 03 3. (Subcontractor's 1papmato vottsibmiry) To pay for a!E materiats, alrills, labotstrtd equipmentttscd in"or n wel=d its s M the perlottnanai t this Sulzaonaact, v+itert attd as bt71s or claims thorcfore become due, ped to save and Prot= thn Project, tha � °cit am t�� theme a6o► and mechanics- bans or, acca = tloese4 and m fumisb t:atisfwtoty evidence to the Ca=Dr whin erxd i{.std rrxinire:tns�ts Subcarttractnr agrees U m the WPM it receives payment from the Canttactar few. amoams owed to Subcoatracsnr's sub-mbeaarra wS an 7�aw that Subconnatc mhpolimaoatbcPrajua,t,SUbcWW= rshatlholdr:rrchfwxbintrustforpaymentmtho�ightiodimphr,te()nSjjdanppliers.allyarrl. ,]tail not be required to establish s pasparste aernimts for.auch t� star shall [bis Aost obliBaAart impvso an Subenot be c say dory other Than 1 t deliver 5M 5ubrantr�ewrrcccivca for the beuc& of its sub-atbeoatraeTrsr'; and suppliers w these entities This prnviaian sh Subcon d as s waiver of the tight oftb Subconu=w to file and caforce a lien than against the Projc r is t3rc everts of the Can�ctjo b failttre to pay directs err, in air 4.] (Notice m proceed) Ta kap informed afthe acAtai proEress of opetexians and job the VGork wticn the Coatracti�rly evGM within L2 _� wwking daya after befog notified"m writing by tho CoRr-kc= 2 (Caordfxsttion a< Sncmdu ) Ta prosesara the Work at mach times; in moth order. and in such places as t1>c Cen�ctor zc==biy d"treeu, and re cfficien coordinate its wort• with the Concaetorand other sabeantraetots w that all scheduled operations on the Project may PMcacd in aA orderly snd,t mance anO be eotup Md within the iiw.. Wfranli in &a General Contract. (cbcek ane) wotiCixt� days, " (X} or (dBs } 1 Z 1't1K edattd datnagce for del oe-taned bptbr fzxltue of the Subconrnetor la cavy Mn the 43 (Lkpddetetl Damagea) Ta ere Pt else essssmcm of tib the Owarrtmder the teas ofiha Genual Coonan. provisions offl is Snbcoa=d nit thesame luesis 29li domes aro Rataetsed astrinst �i�eCona t�rbY awision� theiail= the CaWnatar of actual dataag+s, if any, not othemise rovared by Iegnidatcd dataasts, hF This settaon docs not axclade the rccdvety by . of t6e Sobconlrrctor sq rBrry a+ut � P�� of the SUbcaan'an. " atnot9ttm�ofthriveafp=hMaV*ofthisSuhcontracse>Na]! he0owedwithoutthe writtrn 4,4 allkac steasivajZbcanacataftheiAmrarsotlfi Thu in the of rx�mPletitm ofthc Wolf by ovmct far vrhi6 the Subwnb=or is not rNpn�le, thea with Brody ljoweva stir, Subcontractor is d=" welled the rause of tltc daisy iS efa type set forth is the notice to Conttaclor; the.tirac aftheperfrmmrance or compldiun ot'�ik & shall be t=ded. amm Nngly, Pr Via] Conttnex arhieb }ststifes sr, grR`dlWan of time for muroe fan of the General C.outa=r , or is canscd by The ConmaoruL : 3. (Nothrc) To pion Written notice m the [3ontsaetoi of all Bairns for for c Wn'ous M the and for r}anAsges for. d Y: or otltatwece is am accordaneaaiith the Gmaral alloweng tht Cosmartar W give timely Aaaece m the Dwncc tymci]+notica shall tnraD. thm (3) wcr]dn$ tit 1 to "Pir don of the.clevam notice pmol m ft om=2 Cottmec 6 ! ilnstrr}+nce} To obtain. and pay for etch irtsal�uoe as may be reguitrd by the Genn Contract or by law, to include wiibont limim io4 workers' G=p= ,_t: ca ul gniis habiiity S WmPracuuve automobi listbrliry mstttan� 1, if speuf cd beloaty btn'1d�'S ri9k ineurmm prot�ing the Subw uzator agalmt ckilm forbodsly itlymy or dewh or for damage to praprtty occurring upon, in or about tha i'rajf a arising out of the Wez1fk With Bags in amovuts eq spedfi m the Catstsaee st least nal to those ed below or, ifaaneis sped btlos those Epeci�rl TYplg OFIMiJRANCrADAI= oP'Y Cdtnritorrial. CianEW JjWn ty:" m fiWlUk wiTboltt limitatiau, a amprehea�vt: £nun; Pt - ° t °u6d: cxP]o- sham 6c cnliapsc ha l; pr mld ° 000>racmal llabrty, dcW contractars; broad farm property dam-. AM sad pamoal jWrry. The Gant amarBiball be n . at ma . �muler said polt� - gWtgac Bodily bj%uy,&Pr0Pc*DMMgeCM&ioC,dSI -000,000.00 s1,000,000_Do : P-Sonat..inlary .si 000 400.4Q b. Aummobilc I.iabi[ M To include 22 VWned =3 (Fdvape P,�t . 9" &otter than pilValc pm -S-). pined & n[I�-owned : atno Agfa : F3ch Occnnt� , Bodal, lttjaty, & Property camliined S 19000,00O. -OD a lrtu:cea T.la6iis'ty. F.aclt pccrtrrear:e A81�6'� y,y�p�;�mmbmeds l nnn_nnn_n0 — sl -440,040.00 _ d. Workers' Compensation: W ittcludt coverage A -statutory (which may be sn it;W by self-insvrratee Pmrdw tneetingthe its of 5iatclaw). � : Coverage B " S 1,000,000-00 Each Art:idettt s000, aoa. ao 1) y=Mo-padiey Limit �..'I,000,000.00 - DLca�oFectr]=mployCt - e_ Builder's Risk per the gm and pedal conditions. to be provided by (check me): _Owner �Cott=Mr Suhzoatractor Now10 be providaLL ifBuiider's Risk covcrag*is pravidcd by the Owner or &mural ContraFtor, Subconuwar shall be uarned as an additional insusrri under said policy. Cautractor will receive insttranca aRtifimteS t hoW:mg cOmPliance wish ttlese insurance Mqujemenm and indicating the coverages "and limits cannotbe materially riwuged or cancelulwithout at least shiny (3r,) dgYs Friar written noticeto the Suhcaaxactor. : £ other ASTEC$ CORP- MVST DE'NAMEl3 AS ADDITIOHn INSURED ON AUTO AND' GENEi2&_ LIABILITY POLICIES.. Said ia9tir.LOCe to be iveri by a 5naacially responsritle company or camparves having= A.M. Best Rating of A- or bel!¢ Contractor may waive this require meat if a Sltbeoaaactor is self-iasturod. Before beginning any Work- under oris 5u1x�lt>rau. SUbCAntraGFO[ will provided wit wtnce at I=c thirty y(30 -showing days Frio t,oee wish these ipaanance regttiternettts cud indicating the wvc�agea and limim t=Twt he matetiany ebaoecd or eanrrled tvetbout at lease thirty (30) day: prior. Wr1Tmm notice to the Contractor. 0 Copyright 1908 ASSoclaied General Contractors of Minnesats, Inc. FMM a Kai CAUTIM.' Ute an original AGC document wish Ails line printed its red. PAGE 2at^ va J6w JL -0 U r Uhl r hull JQ :-12, 2012 THU 11:00 Ate. ASTECH � FAX H0, 320 363 8700 P. 04 G."_ (Indctrmlficsfian) The Subcontrtclor agrcas to Mume sntire mp=ibiliry, and liability, to the fullest extsntprrrniued by law, for all d2 myo;s or itnjttry 10 211 persons, whether cmployco; or ntirerwisc, and is all property, WiSinS QUL Of, resttltro; fr= Orin any maaoer connected wrtl she carbon of the Work provided for in this Subcontract and including, without limir2tion, those dam2ges or ittjruir3 occurring or rest:ldssg from the ugt: by the Suhmnxrrmor, its 8Srntx ar crnploye:es, of materials, equipment, insrr=enuBlics crasher property, wht:ther the s2me be owned by the Conlrmaan the Suhcowaetot or third panic► runner the Subeonunctor, to tba fu our anent PCTMinrd by taut, agrees to defend, indemnify and save hamlet= ibis Contractor, int -rgntt and ranplo Ca from all stint claims iaelnding, wSthoul limiting the gra =liry ofthd fanWint claims for wbicb she Conrraetarmay be arm;iy be d2in=d to be liable and legal Fees and disbmT&ns sns paid or incurred in'defense of aueb rlairm or m enforce the provisions of this paragraph The Subcontt-autu funcer MTCO m obtain, maintain and pay for such Commercial Cxxwt al Liability inViranm eavrsng: with a Contranual liability endoracment three will insure tie provisiorm of this Paragraph. 63 To.dcfand, Wenmify and save: kwwlm the Contraewr learn any and all losses ordamage occas;aoed by the failure of the Subeontroor to curry out dteprovizinrns; of ibis Subcontract, unless ateb fat -lura results from causes net the respnnsibilify of the Submutracrm Ims or darnase shall incluk without I imiting the generality of the Antgoing, k;l fres and dWxyrserrmss paid at inctured by lbs Conrractoras part ofihe loss or d2ma95 or to enforce thcprovisiom of !hie paragraph. galeas such failuTo results fi mrn causes not the rerpaasWity of the Subcontractor: 7. (Sewn To obtairt and inn iAsh to tbC Comte.icor and maintain is effect during to life of this Subcftwact, u regorsted so to do In the spacepmvidcd blow, A a ve'ty bond in form and with carnes a;cepmblo to the Cormaciar, in as amount coral to the Subcontract price, Conditioned upon and Covering the paymexnl.of Subra=csor's subcontractors and suppliers and the faithful perib mance of and eosmplianea with all the terms, provisions and conditions or this Subconnset. (Chi only one). ( ) Bund rap. (X) no bond required, of ( ) m Band required, Snbroniraator to pry a prapatsioaal nharc of the Cart>rnrsaPs band premliuts4 9S otcartrau nmowtr_ - Llu>Css the Cicaeral C=U=retluura it, aotlhiog herein shall give the Gorrkacrar the tight in derxgnatt that rho bond be extcutr d by a specific. ssrrety' or praeurtd from a speriiae natax. & (Ptnteitdon of Wort:) To accept rrnponsi6,7�ity for all dnmm�ge eattsead by the Sebe ontraemr, to elcan all rmfs= saDedby ilia 3ubconmador, and to protect the Warlc,it being uoderstood that the standards ofprotecdon shall not be less than those specified in the General Conrmes or required by Ial+t A dispunc between the Sub=nraelor and anotber mbeonuss=regarding their respeah c rrspwsability for anyitm. of damage sheen bra sttbtnimcd to the Canrractor for its . dettxmittatiwt as to iesponst'bility. 9- (Safety) The Subconxr=orand its subrambmclnr: and vendors of MIl tiers, shall mke all safetyIcamiitims vdih trsptrt m its Work, Shull Comply .with all safety r c=ures required by the Bennet Contract and VATh 211 .applicable laws, orrliasocct, mors, reguhtnons and lawful orches of nay public Authority for tha safrry ofprasms and praperry- I il- (AtL9iSDmea4 Not to assign or sttb-let chis Subcontract, atay part bcrzo>ti and not to assigo any money due or to hcrame dun brm, ar witbtmt fszai obtaini -%a Vaittea consent of [be Cum%=. . 11. (Persaaad REPia CISIMt) &*NC0n 2etar shall psnv+dc attpervisice and work= oft quality and expericnCc mrorecasuriaz uith the Wont to be performed If she Gcoeml Contractor belie vcs that Ile Subcontractor's sttperviscn or personal arc not of as =eeptable qun*, of that miEh persmancl have violated fcdarul, usate,crlocal statuthi, regulations orprovWon3 ofthe Gc n=l Cm=c , Subconhactor sball re places ibcmwkb ymaliWpt =wcl at the request orf the Contra>:tor: 1' (Na ire) runt the C:onw aor orits autbori2ad rcpresemsadw shall have the right to oder in writing rbmCrs ter the Wank as made by tba Architcea I %grocer zsulAx pruner to the C.antractoeswaric tuadertbe General Cower. ifebanges arc made, fair adju :uncuts shall be made in the 5ubeanw= price for evab cLoSr- No ehaogc cball be ailoriwA or trade -by It Subconirsmor, or paid for by the Cemttactor useless and nmol authorized by tlnc Grurractor at its authorized .repreaeptativa in writing. 3. (Gwgatuee) To guasm= the Worst to the tame extent that the Conxraelor is'60gated to guarantee its worrhtmder the GMMI Coal= 14. (Complknre Mrb Luwe) To cbsi ply iaft all Federal and Stile lsa+e,'md&% its d regultdioas and ad municipal ordioanct s and rcguizdans cfftxdvc wbetc rhe Work is to bepatformed; to pay all costs and ptpcmcs eonoactM lubb orb comprmm to pay An Iimcd sod taxes, iar4talias raks and nuc =tcn =pay aW taxes impowd by any. Suar or Federal Ian far any cn*oyrncm inumance, peosims. rcdremetst frmds of any sia-AMT purpose: mrd to f nnisb all n=crdry rt pons and infatttaaltnn to lbe appraprb& fedeaal, state and municipal agencies, with Tetprct to all of the forcgoing the same as thotngh she Subsxtntratm w21 in fact lluc Contrwmr IS. (PALext Rights) To pay all rayalaes and urease fees; to defatd all nuts of claims for infringcrucar of any patent rights involved is the Wart and LO sva tba Corrtrttetor batrnleas froM loss, Cost or =pcc an atcount of amh nae ar infringement by Ste Sub=tractor. ] 6. (Employaaeat l'rrctiees) The Sttheaaaacxor shall trot rdsrst to hire, eteccpt, tagist[x classify, refer for ewployrttemt, diacjitirge; or otbcrwise disctitninato 2gait)Sk arty tmpinyec m applicM becaltse of age,, race, tread. talar, gender, mstiotral origin, religion, eu disability of such aWliraat or employee unlcas bnsad up= a bona fid'c occupational requirement. 17- (Defaak) That in case the Subcontractor shall fail when and if tegair ad by the Contractor, to Correct, replace ondk r m -execute faulty or tk&ciivc work dome nodlor ipuwdals furnished trader this Subcontract, or rcpcata9y :tad persistently so. corrode or proceed with this Subcomtrnt witbin ilk schedule m agrerd. ' by the parties of the time herein provided for, or make payrnmt wbo due to sub ranaachxx ex suppliers for Iabot or rm2serial5 in accnrd=c tvilh the respective aeiccmcna between the Subtanuactor and its subcontracuxa and suppliers, or to cornply with any-utsumxkI trxtn of this Subcontract, then the Contractor may give lino Subctnrtractoro wrineu norice to cm the Subcontractor'; dcfaolL 1f the Subcontractor fails wilhm tbr= (3) worl4ng days of cr retacipt of Xk6 notice ofdufapltto CotarocDce aWcoatindesarisf sctory corroa&m afatch ddhuk with diligtrnecand promptness, than the SubwosraeaoraWlI be is default of this Subcontract and she Contractor, upon an mWidatnal three (3) pleader day; nadca in writing to she Subwnb=tar, shall. have tits right to tersminatc this Subeontraet and finish the Sobcoatractcr'x'Wark, rcplaca and/or re-oxectree such idvity or defecsivc WhA or raateriabs either thratgh its awn employees or through a contractor orapIx-onuaclor ofits cbOk and to chiwmc the cost dereafto the Subcar2ctw, togcthcrwith any Iiquidared or actual dam ages caused by a Jclay in rbc perfatmaaeo of Ibis Subcontract That in case of default on ate pan of tba Subcontractor under the terms of this Sabcaatract, the material and supplies of gic Subcontractor to be incorporated iutta slue Project stoll be left ors she job for rine use of the Contractor in completing rbe WexY covered by ibis. Subcanlr�cl. I S. (]tn5peeli4n) I f any pan of the Subcorrtrncttn'b Work &7icuds for proper =ccation or rtsalr: tnpon the work of the Co=acror, uny other wbeo - traWar or cootrartor an etre Prvjc-et, the Subcconactor sball impact and promptly repon to the Contractor any diaempm6as or eiafcos in such work that modcrs it unauitablc for such proper aeedtion and Tcaultr, Fnihrrc of the Subconawaar to so inspect and repurr shall constitute an aeceptu nm of the wank of Contrde�w. other sttbcofttractm or nthcrseparastr contractors as fit and proper to receive its Wank Ci Copyright 1998 ASSnc'IaWd G'nt'rdi Contractors of Minnpsola, Inc. FORM rt41 CAU DON: Usk: an ofigirml AGC pncutntirht with Ibis litre printed 1:1 md. PACs s W 4 Rx Date/Tule, ' 'JUL-i'2-2012(THU) 08:21 JUL-12-2012 THU 11;00 AN ASTECH 320 353 6700. PADS FAX N0. 320 363-8700 P. 05 — THE CoNTUCCDR AGREES AS FOLLGws: A. To employ the Subcontractor to de the Work dcgcnl,:d in paragraph 1 hereof, s-ubjeet to the provisions of this Subcontract R. (Subcontractor Anaouot) To pcy thc.5ubcattruaor for rho fall and pfompt performance of this Subcontract, sdbjnct to the terms and condi- tions hereof. _ C 1. (Payment) To include in the Call= aor's paiodie pay estimate to the awncr the value of oil work. Iaborand maul* afthe 5ubcanfractorprop=1Y heogu art d into or delivered 2nd starcd od thtisite of theProicm fat which estimum have bc4n furnished by tie Subcontractor to theCoa=or Upon l earning rant the amouat approved duc for rhe Subeontractorix dif=m f}um the noura requested by the Subcontractor, the Contracaor shall nmnedisteiy so. sdvh= tho Suhcon- tractorand furnish such information as the Convactormayhave for the difc=vn and so long as the SubconIzacfor is notin defamhhm4adr r, to pay the Subconoac tprwirhi>allays(aottnorethantaa(10)raiertdtrdays),uponrexeipithetrbifram theOwner theatnotmtrtraivc hyitseCoanrrctoraaauatmtafdteSuhcoaortisor's Work to the cortico of the Subcoruncmr's interest lhcraa, but in any cyca to pay the S,tbmumItu r within sixty (60) aimlar days of atabmiflal of =Rift periodic estinaale to rix Coutraeto , to tba rotten: owlifud by tb� Architect or Fstgi = for• paymrmt- SubcoMacl a epees that 'ho rimias nod fieque�►cy of Cant:actor's periodic and feral payments to the Subcowacaor shall be the carne as the liming and frcgL=ncy oftbe Owncr'Sp o& and f0W payments to COnumtorptusuaet to the tams of the.Gmeral Contract. . C;2Thetifutlawe�bytheGcnrralC�tract,t�a3'tncntshailbernadeonnccovatofa�svuttorry..matzrisisoreguipmetttnatinco�uatcdiosatlrcProjrzt, but dclivcrcd tmd suitably stand at rile Ptoject site, or at $Duan other lo==om agreed upon in writiM tack payments to be made in ticcordane with &a terms and canditinm offfic6meW Contract. CA sabcoau'=ces estimto is to be remived by Conuncrw five (5) «kngdays prix w the dare Contractees esdaasre to tba Owner is due as specified . in the GcncratCaaaaacyasifmdareisspetafted,ly4re ifeachtnottth,arSubcm=cror'sosum=wilinotbcmdodedidConn ator'sestimntcto0*mar. for that mpatB.. CA (Rdnivage) Canwwmtwll withhold rrWnagc nnperiodi� payrn=u duc Subcon=cW inthe s=eperoaategF � Q�a�trttrithltnl[ic retainage from Con=_Ice; ar in the foll&w-g percenta8c nfpoyramt day C.5Q.tacrvn80o ar Rlghts) The Cmunccor Aaif provide, the Subcontractor with written notice of rite arraottat of &C final payment to ba made hereunder and tate ngnww in wbich the tune is cal -12W Within fx W= (1) calendar days, after receipt of such notice the Suhrnntr�cxof shall provide the Ccnusciot; with eathcrwfittta notice ofany abjection the Sabcontrsrxor tray have therew orwma&n acceptance thereof, ifrto atach written objections are rccmvod by the Caotraetorwuhin the times tie Subcootraetarnlaal) hevcnodaim for compcagation in tatcoas of rhe amount Oft& fttrai payment as set forth in the wrinen paticu fvmisbed by the Cont mpw , = xclx as may be reserved in writing . D. (Fjp4 Wit) Root pg1hent orfs aal;m due of the SulirmtrauPrice sloth 6o made to the SttbcatttracWwithin tcn (10) zulmdar nays afrrx rccript bythm Conttncrnr of final payniawfrom the Owner for such Subconusrxw lt. if fiat paymept from &eO7wna far such Sobco tl=wodt is ntl teccived by the Contrartat; dirough no fiult of the Subeontracto; abe Conw vLgll in arty avert pay tie &Jcmuacm within a rcewaable time, but not to c=c.d sixty (60) calandw&ys eflerArchitccW or En&= 's ecrdfimtiora owr f final paymtm forSatbcmttr ='s Work >r. (pisptrte 1Reso>ittion) Ifaltaaauve dEsprue resohstiwr,;ytchading witboad luu7ation, afbinatiwt or3ratdietiffi. is providedfof to the C neral [`portae; any dispute miring between the Corrisactru and the WcOWFACI� wdnding the brtwh thetmf, shall be setlled by such atte=nativc dispute =oludwtprWC&M:s k the manturptt3vided for in the Geoerrl Contract F Chymeut Wabholdlasj If coy claims have been made in writing against the 5ttbcontractor lir the, Cmtractar arising nut of labor or naris 6ataidaed the Project, or otbewise on accMMt pfmty actions or failures to act by the Subcontaatcser: in clic perfam>anrs ofthis Subeonttaet, the Contractor trays a# iu disc, -da . w9bbold ftnm mwb mmunta n0icrMso due ar to bccomc dna hemmdrr a sten adequate ro cover said drifters mad soy lasts, O*cu= or aucu eys, fns arising or to arise in rontiettion ft=witk bm not to rac=ed one handfed fifty (156) percent of the auto of the claims, coats, awes or attomeys fees pending fisotudon thctwf ' This right of the Conpacror.sball not be ccclttsivc of any otherrigbts of The Couttacwr harm or by law pruvidesl G. (CoaU..dor's pe(aulh �'he farlttra of the Coa =tw to nankepay mts a. =d wLeo hcrei a provided sba11. in addition to all oihcz rights, title the Sub-cosatracw4 upon throe (3) days written under, to suspend all work and shipments dtuirag the conftmoc of sac¢ dcfmh on the part of rite Cou raceotnnd aball. aurae 'MUct)te'Subtonuaamr to an extmdon nftime fortbe-gcrfmrnar o oftix Wade coveted by this Subearimm IL (Soft ty) F.ncept in an etnrw7. onto safety rn�nidre.nn�e not to inset= argive any io9mactioos, orders or dtrettians ro anyamploycearwofirFr of the Subconhacmq otltorIan tltepwple lite Subcantraetdt bas "ptatrd as having soprsyssimy reap=ibt1ity for the Subcotthact Wank. Howevc , aeitbef this aulbaaily of the Catttactaf nor a deeislott tttade in good iailb utbef to eacetcise ar oat to eacctais c $ueit sudwriry shalt S rico to a duty or n poet -bffiV of the . Conttsemr IOU Sd boontracto, its matedai and eguiptttcnt s4pplisrs, its agcots or enployers. or otlterpess= perfMnin6 iaart'=g of 1bC Subeoltuactor's 'baric. 1.(lctotiec)Topvcwrit<mnatieemtLeSubeaaaxuorofalllaiawaelaittaswhir�S�ayat�tSu6canuactotwirhinarcasonabkperiad,bfnnotmerethaa thirty (30) calendar dugs, afkr.lo owicdge of dtt: csaiat : .1.: (Subenntmct ppcnmeuts) This Subcom act, togather with riders (sawbedbereta or =dosed l avMth)and mWo aparthcm4 cot>�nates theatre nodetataodiugofthepbttiesand svlacisedcasrzy prior gootalions, proposals of agteeraecus Mascallawer (fieadmgs) Artieic and Souion headinS3 used iu this Subcontract are for convenknec only and shall not mTwA the cortsuuc jon of raiz Subcontract TN WIT, f= VVINJUMP, the Contractor and %be Subcontrwwr have executed this %b=rV,,4 the day and year first wrinett above. SUBC RACTOR_ A11ied. R13r-kt:op CO- CONTRACTOR: Asphaxt' Surface Technologies . By By Title i' elr _ ? � t"` TC��- Til+; Mary L. Popp; Vice—President Date `7 45' la. Federal Tux 11 - 41 OS _27,53771 redualTax ti 41-1581441 _ SmicTax # _5(o SwtoTax R 3921215 Co Copyright 19913 Asswisted General Contractors of Minnesota, Inc. FORM IF H-01 C-AUTIWI. Uua ran o:Ig!nat ACC damimant Lath Ttr.^- ilnc printed in red. PACE 4.014 69121 A� '11 ® CERTIFICATE 4F LIABILITY INSURANCE 01°2 "Y` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE BOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. 'A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (952) 830-3000PHONE Wells Fargo Insurance Services USA, Inc. NAOMEAcT Beverly Spreigl 952$30-3057 FAX 952-563-9657 N ExtI: AIC Na E-MAILbeV. I l Wellsfa o.com ADDRESS: g INSUR AFFORDING COVERAGE NAIL # 4300 MarketPointe Drive, Suite 600 INSURER A : Charter Oak Fire Insurance Co. 25615 Bloomington, MN 55435-5455 INSURED INSURER B : Travelers Indemnity Company 25658 INSURER C Standard Fire Insurance Go. 19070 Asphalt Surface Technologies Corporation INSURER D: P.O. Box 1025 INSURER E: PRODUCTS - COMPIOP AGO, $ 2.000.000 INSURER F: St. Cloud, MN 56302 COVFRAGFS CERTIFICATE NUMBER: 41S21b4 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSR LIRINSIR TYPE OF INSURANCE ADDL SUBR IM NUMBER POLIPOLICY MIDCY EFF POLI D EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIM&MADE F —x1 OCCUR 10/31/2012 EACH OCCURRENCE $ 1,000,000 EACH10131!2011 ED pD GM ES E,�qwtoo$ 300,000 MED EXP y one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,400 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE OMIT APPLIES PER: POLICYX PRa LOC PRODUCTS - COMPIOP AGO, $ 2.000.000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AIiTOSAUT05 AUTOS x ED x HIREDAUTOS 810247M8292 10/31/2011 10/31/2012 BI SINGLE LIMIT 1,009,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE $ accident $ B UMBRELLA LIAS EXCESS LIAR X OCCUR CLAIMS -MADE CUP 247M8292 IND 10!31!2011 10/31/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I x I RETNTION 10.400 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILFFY ANY PROPRIETOPJPARTNERIEXECUTIV£ Y I N OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) Rysa, describe under DESCRIPTION OF OPERATIONS below N I A DTCUB247M8292 10/31/2011 10/31/2012 X , WC STATU- OTH- E.L. EACs! ACCIDENT $ 500,OD0 El. DISEASE - EA EMPLOYEE $ 500,400 E.L DISEASE -POLICY LIMIT $ 500,090 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Alhcb ACORD 101, Additional Remarks Schedule, If mals spare is requlradi Re: 2012 Crack Repair & Seal Coat, City Project No. 905. The City of New Hope and Stantec (engineer) are named additional insured with respect to General Liability for the above referenced project reorrcrrerc uni neo CANCFI I ATI0111 City of New Hope 4407 X Ion Ave. North Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. New Hope, MN 55428 AUTHORRED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD 0193a-2010 AGUH:Q GUKPUKATIVN. An rignTS reserves. ACORD 25 (2010105) Any sivgWar refiwence to Cbmacwtr S=W, Ow=, or o&tr pvty ddN be comsWered jhtrid Mwe &Whc6k- C�DN'1Tt MC (Name and Address): S[3R�''iY (Name and Address of hmapd Plate oft�On=u): AS72=CH Carp. PO Box 1025 Employers Mutual Casualty Company St. Cloud MN 56302 P.O. Box 712 OWNER Wil aeaaadAd&=): Des Moines, IA 50306-0712 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Daie; May 4, 2012 Amonmt: ($197,9M00 ) One Hundred Ninety Seven Thousand Nine Hundred Eighty Two Dollars and 001100 Description (Name and Locad m): 2012 Crack Repair and Seal Coat Project, City Project No. 905 -- City of New Hope, MN BOND Bond Nit. S406325 Daft (Not aairliiar d= Compact Das* May 4, 2012 Am&mt ($197ss2.00 ) One Hundred Ninety Seven Thousand Nine Hundred EightyrTwo.Dollars.and,001100 M di6catiew to ibis Hand Festa: Surety end C.mag=W, i dmWing to be lcgdbF bound hm vby, m6pat to dee #stens prmtod on the =yaw w arida he mf, do emb cense &is Parfame Band to be duly execatted on its behalf by its authored ate, ascA ar zgg=w Wvr- CVNTRACTOR AS PRIlNCIPAL S � SURETY ASTECH Cori!\ News aATw Ma Vice (Space is provided below for si atmes parties, if remised.) CONTRACTOR AS PRINCWAL Cy - signature" — Numadlulm of RulditjL wl SEAL :.efT .......... (Sorel) Employers Mutual Casualty Company (S1) Satt+ei'y's Nsnw CagK W By: —:LL -1 'PfrnMeSurrs Attorney -in -Fact (AttachPmwezofAnorney) .1 � ad'� ge Meaga"anthei Account Representative SURETY (sad) Surety`s, Nam =a CcxtgMV0 SW Sigma and MW (Aitch Power of Aty) A Signature andTift z MC Ptd. C416 oro tdtdl" Or%onaft p n"rW e...o the joint effWb elt0o 9■rotF AeasdrIw e[Ane Im &#uvw.ld9 awk-*d 1leewnemts CDs manse, &@ Amodded [7 ! Gwtraaten e! A1Wkit4 iata ad the AVIN INOMMe of ACshlleev. OW144 L Cc bwW and &EM, Jay sad , 1od trea,eachga6 to* baps. erscert L admkiwaton, au r, and drips to Owner firdw psibowe of we Contrut, WW& 4' wF I - dhenem by reftmarae. L N Clw&Mor pahw Jhc Comate, Smq trd r lana no GbRomin Yoder thea Hand, elaept to psacipolp iR oonibt�eoos tspaeaeidnd in Pmnapwph].!. 3. If d= is W Otusar Dab*, Stara ahlipdosader this %W sW wime cher. 3.1. Owmr bt nolifird Loeuaetar od hepllr, at the addrmtert dmaet) in Paraprgh 10 bdnrw, tura Owner h oattidwiot daalarng a Ommm or Delbrlt mod hot seequeetad and dtMEOd m emump a oewfusion ^wia Caenm sed Sealy to be held ow bw dYor 15 days &am modo of each moat m dwaue mrdsdt of pdnnpitrp me QRUN . if ow w, Clanv n and sway mge% Casarraor doN be tillewwd a eurs>rbb time b ptnlleat the Cmftwk but waft to epwoom sidl not wshv Owwee"s rW 5F=% b4mbn is ClNdamOr Dein t and 3.2. Owns has doclped a Cstseaetor Ibthrle tad fomslly tI ias' Con ammo b rw to complete d*0NN d. &" Comm Deb& Sion not be I anter thm 20 days Aw Canmsctor teed %miry Lae TndvW nod= n provided in Prnprmpb 3.1: ted 3.3. Owner hu spud typal the aSr mm* ofthf Catvm Prim to: 1. 9wreryla aceardstoe wllhtne thaw aftl>eCOwtra� 2. Ata &w oonewcear mlowed prsom * lbapmph 43 to pmrom the Corneas. 4- Who bee wall*lied dx caodiikm of ftepap3 3, ahwwy shall won" and Stam l%d[p MUlm ONE 0fft1p1Wft 4.1. ArraeQo Lar Qaesrettor, with n:eeweet of Owew, to paikrm tad cmipiplp Die Cannan at 6. After Owner law tmawi i- Cooftdora riga ep tanpim the Cearut, Sad if Swaoy ekcb load rrder * a, 42, WO above thea *A mt =t=ithe of SONY la Owmrdea6 no bo staorer dun ffiase dCanhawpe Ynder dw roubaM teat the Imponalw irr oiowaar to smaty fts wal bre t dmt tbaee of Owner >sder ds QW00t Te a loris of they tomo,. d&b B=4 but swim to ==dw= by Ower of tlee Bohm of eta CarOM Price to nriipaioe eta = and drssaw m abs COOK% Baster i abrlpsad widtott dppHadoa far: 6. L T>te raparui6lirit'rs d Cantrnmor the earteetiae aF dt8oe4ive; Wa1c ant ceegntrioa Gum Comas: 62. lYddit and 1994 AWpt p ohn teal, and dnbty imus -mdwj Bina CON M N& Den A rad ROMPS dam dee Ube= or bamm In ted of *duty www 4: mod b3. 13t1:dud dna vwp or if no ltgaids6ld dmrasn tae q► is in dw Ozomi% m" 460106 anted by delayed Pfli or eoe- 7. Sway gW net W Wbkto Owner are&= dor ab%ntirot ofCankmor did= nenw4rled la dtt:CagiMrd, nmd the 19allraeofaalCotltrarr Pticembrllmaatbeuadrtoerl oar ort oQfine oarauet of aaX mach trwelneed obliptiaea. Na � afactiioa sbrtl aoaue ars tlms $and to aq pewee ar amply maty d= Owwwr ar w baits, exacw nt, w stow wsoey, ataoceeteer B. ON* bafy ani m OWN of Itey ANW, fee kW%S ds W of tion. tr Canters arm Noted ndsaoemm pweham emrdwM ad edter obbpb=. 4. Any peocee , h>pr1 at acpitahle, mado chis Bund spy to WAONaed is may caars of ornm teat jisbaction im die 620aa to wlsla fits Wet# or pert of do Wank b locterd tad am be iardnutea widwn two Sean saw Combular Deb* m wkbh two 7Tmt rlbei Cceseolr ClPaed erOdmte ar wilbiik ewro yreAt tia+r Smeldr aeaun or faits m perform is '111140 ea under aeb Bawd, rnhidaavet OWM dnri. lithe pneaidm of Otis p mrVh : raid or pnddbimd *haw, the nwtimom puird of liaoUbm &V96ble to srvrlea anadekms Inau jwkdk#m ofdw m * dull beappliosltlr: 4.2. Iindmsba to parlbmt ata cow&* Me Cwwact i nK tffc+>Jdt in imm 14, NW= tr Braelm Owns. ar Cowocror>batf be nWW a ddiv W tone addneas or Gwoeyd<iodepasdwi tmrhwraorr; or dor" ont iesizimmm Pepe. 4.3. Obtain bids ar m*adred praponk Imo gl Ahod coeMactert ratnpabie 1 I. V1tat dm hood has boar finished eo e=* wilb a Matany mgenensat in dee w Owmar it a aamae-is, I locwaioa what dee Coearast wet tit be: pespmtedr ray ptnvlsiaw i■ $er Band s+esnpa to a centwtit lobe 1 e rp —Soft vdh sA rtaldw7► aqui4mont Anal! be rtexsre4 k1cW Iwchaen and Cm m*r n ivmd +rips Otwns's rowomraoe. to be sommed WA pnptieiorrs cadwa� tit rade Nrtltpay t elord bn deewad irootpooted 3tratgt . sad p*mm bands maaemiad bf m gmbfd awrty o pi wka her oia. the itnit i dere Beit 8oed mbsll ba rarnpevd rs a alrgttlety bentd std not ar r fo ft batty isserd iMt do Cbohaq, ad pq to Omw ate a 099 of gammon wr boa de+etthrs = dncr in P*45rph i in asosw Cr the Hslons of dee Coninmltfoelaa redbyOmw tr ill"S mCbmsew nadrelhor 12. D/llnbbtw, 4.4. wsiive im *a to Iterfarm and omnnapla anaehr flet ocmlphdoe, m ebwe a ewer oeesn m tad +rich nuaaabls pmwvmm under dee edm mmummc 1. Aper iinna iptioa, deftraiee dna osaw *w whidl it aur be irlrle to Owmr pad, a roto ae pradinils dbar rho amount is dettemk4 owdnrptryatnrt>twea(orts Otropr. ray 2. Dray 11"Ity In wMb or Is pare and madly Owsw *Wft ermrrma weft. 5. id'Surety date not pwoull m provkW in Pmrvgmo 4 with noun" peornperert, Swdy duR be d9eaeed to be i+ do%* an this fined 15 dye ober n aeW of an a bMg "BON wotiat Sum Owner to Straty I &a Surrey 1-111 1 is obwons cyder ftb Bowl, and Cum shell be eedoed m atiotce mW nsimph tna'bbia 0 Owner_ N SUM 1 F I - P % as pmwhW is Ihaapill 4,4, ted On= ra%WdWp1LytreatNu1w6d9rSiu"bre 4aobdIlIlli Ity, invb0borIn pat, vdtt m 31tedewpolies Owrat dmA W wadded d eoh=say mn* avrBable to Owner. 131 Bohm= of do Coo= Prism pie tomb amtaaet pm*% by Owner to C Wdor wades• One CN&M AN All proper 4us a mck have tato Inde, iadidm[ eliwame to #]Iraagor of ray atoamutt tvwtived or t0 be eaeeived Ornasr i• ra wtof isrnavw rosw Clsh" *teltwrppes 40 %% Cb Cioparkc is arthled, ■Idme I by all wdid ted piper paysesa mok a or oa b"rofCmdraotrooftrdte C m&xL 12.2. Cortone: 7Es agreement hetvreea Dwentt ead {kenrrctor idmtidisd m da ripeeeaepnp, imlttdiergwll Oonretat Dbormwesstud drret9s ehaetr. 12.3. C.amteroter Molt. Pa9m of Ce."*wd rod& No 111iwor been modied nor wain to pafm= ormbaw In to c ampbr with ant tame of dee Cawtact 12.4. omw De{iuit Pmilure of Owttr, which hu neither beta relerdW an ID M Cattfetetoe u 0 plip, I by dee Caubww or to Panna ad ee.tph to w' amply with dao @dW 11troa dueteof. FOR RgpDRMATM ONLY—Nang, AddtrM lied Ttslepf3m 952-830-3000 SnatyAgvncy er Bsoloer Wells Fargo Insurance Services USA, Inc. 4300 MarketPointe Drive, Suite 600, Bloomington, MN 55435 O mewr's Rupd'dlldllsbitra (ter ebw atht:r pm #) stantm corisua6ng Services Inc. 2335 Highway 36 West, St. Paul, Minnesota 55113 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF STEARNS On this 4th day of May, 2012 before me personally appeared Mary L. Popp to me known, who being by me duly sworn, did say that she is the Vice President of the ASTECH CORP., the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she signed her name thereto by like order. kNONONWOOM JENiFtER ROGEMS Notary Public, A J..... 0i NOTARY PUBLIC-MINNEWTA My Comm. Exp. Jan. 31, 2Qi4 ( otary Seal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 4th day of May, 2012 before me personally appeared AmyM. Burns to me known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in -Fact of the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Nota (Notary Seal) CASSANDRA NICOLE MAHLER NO'ipaT PUBLIC • MNNWA MY COMMISSION IXI'IAES 01�3tl16 �1"EMC Insurance Companies. P.O. Box 712 • Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an fovea Corporation 4. Illinois EMCASCO Insurance Company, an lona Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Amy M. Burns its. true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S406325 Principal ASTECH Corp. Obligee City of New Hope and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized off -iters of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, reeognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such aftomey-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 14th day of .luly_ 2011 _ Seats • `gip, NSL 00, CO. ...'',. ,, . Cay''. :gV�.`gRPI1Pq� [+E.4� �z:rVgPP"gq o• .......... •�^$4gpP��^y of p` =�= i$63 q' j 1953'=x= o; SEAL -p' �� .-b. $= yon =�:4QQ,P9Pgl�, p�O .,9 �� j 0� w SEAL SEAL _ SEALep ,S.o. I,'• IOwP '+91N �•, �aINES.� onKgi .* •*`� A TUq LAURELA.BLOSS Commission Number 183662 �s URA P My Comm. Exp, Man 3.2014 N. )el -a Y -A - Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 41 Michael Fre'el Assistant Vice President! Assistant Secretary On this 14th day of July, AD 2011 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, andfor Assistant Vice President/Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires March 13, 20142014. Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 14th day of July, 2011, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4th day of May , 2012 14 F Any mpbr=f me to C crr, Ste, Ow=4 or odsec party ahaU be cwnduvd pl wdl arhm app Els. CONTRACTOR +lama aid Aftms SURM (Nolm and Aldclrrsa of Pring lP bw of Batsit ena ASTECH Corp. .yon 1;- PO Box 1025 St. Cloud, MN 56302 Employers Mutual Casualty Company OeAddrla)' Ciew op P.O. Box 712 Des Moines, IA 50306-0712 4401 Xylon Avenue North N�ew,�RopAeCTMN 55428 mom anAl Va0e: May 4, 2012 Ami ($197,982.00 )One Hundred Ninety Seven Thousand Nine Hundred Eighty Two Dollars and 001100 > (Num Taal: LW%tkW): 2012 Erack Repair and Seal Coat Project, City Project No. 905 -- City of New Hope, MN BOND Doo N*dmr: 5406325 Dabd {fiat earfia tl Clot lejr May 4, 2012 AaaOWM ($is7,sez.00 ) One Hundred Ninety Seven Thousand Nine Hundred Eighty Two Dollars and 001100 hiedi ations to this gash Fame qty =d CoamM hXWft to lap ley bWtd Itex+mby, tai wt to duet I -' ,' prk oed on t1wrwerao aide lamm. do ea b cow thin Paymlt $Quad oa by My C wcaftd oo its b eWfhy its m9horiaod off, or OONTRACTOR AS l"MCEPAL 10 compmr- SQL AST CHo . �gmmre: � l===a7 Uk; MMVa- Vice Pre nt (Spam is tmvided bel m s'., pufts, if W ) .yon 1;- SEAL. :n C"C]NTRACTOR AS P914MAL may- mom anAl Employers Mutual Casualty Company ($W) Sky's Natpe1:7z ay: 5nd il& A y Q Burns Attorney -in -Fact (AM&PowerofMtmaey) AttO'M nd TR% Melffan Tanthei Account Representative SURETY Stiu+Wo Name and Corpu sW Seal By- atut+r and Td% (Attach Powaa of A# y) Alto= WWW==dTIft Ir:DCHo. Com% tW I)W" lrtb a#I prat *gJ" dram dths Sw*W AtNotllad m of Aowrk , XWIAWO Jew Comm bommow cmwtm 6W AROdow Coma Caatradan of A the Aw ekan Insd&M of Ardditdk dtre Amniem ftbtasb*cWI Awoeh loo, and dw Ano&*d Spid lty E).alr mm 9 M"Ii &I 1. €:naaacbar rad &my. jointly sad se mallI , bind *amdvm their lft eucrrtaea. iskmaishOn, area wn6 sod waaitpta to ower to pry hr labor, smasi .and equiptivaa finnidwl by Claknrmrr Am sac in Ow pmto� or tate Coafta . whim'r dearpartrd Benim by roftarem Z Will rapeot tr Oaraer, dais oMptloo dell bead{ wed void atom twine. 2.1. P-moy ®%a pate dnmemy or mbreedly. For alt ossa du CWmvm%wd 2.2. Deboft iadarsdfii k lead holds bwmlas Owow &ma s0 dmkm. dtettrtt I , liars: or sub alkaiat am promemt by Cates by ray person or aridly who fwmidW hbw. rrmtmids, or a pgmw t farva am the petfortreleee of the Cattsir 4, patwidrd ON= hu ptompliy tMrrltlled Contractor ani Sway (at the tsT =Nw dwr" in Patagrspit M) of OW CW M. dettttmda, rM16 or wilt and bowwad debw of Nub akhm, eleasmds„ lltnr„ or Mulct W Coat SAw mrd Sway. and pww1&d there it me Owner DP&wIL 3. With mRmt to Chbmn%thin dMizadw Mol! be soil and void ifCenkamor pmnsp#y twobw p wisw K dkeedy or iosimully. for sS ssmM doe. 4. uwdt, 4-1. Claiaaopr wiav are arpioyed by ter hr m a dim CoaM watt Conewbor hast gives Rafe to sw* (at dw addesewt dealairatl in Pturgrsph 12)and Ment s tapir, or natio Otarof, ten Ow , mfr *d a eWm is beim weds taft lila Hord rad. wM sdintanhid sommy, #Ire amwat ettihm elrim. 4.2. C skimiis wWdo sat Imre a dfim mount witb Conarselar 9. Amotatts and by Oww m Cxosoi4r Aller dw Coobset"be and for die periinnanee of dee Corubad artd to nuCy ckksm, if at% Moder any tufanssaw bata4 By CaaWdw kwnidft gad Owner acotptlgg Ods Baal. tboysawillWailmdratar by C0w11wtoriintbepmihrmaueeat9reCoittw we dedirarPd b ad* obtipliow of Comoun r :rd Sweiy order im Had, rel br C+rnrtY priraity b uMe the bends It r tae pied of Ore Wady. 9- Swaty sball oat be liable to Owner. Clwkr l% sa odim for obliptiom of CamUWW 69 rMe Mdaatd to dw COUNCIL OwM satII not be 6eble far PWn mt of NOW t a tt or e90119as of sage Ckknm Mdw tfrb Bald, sad sluff bawl w dw stir Band Mm a k*fiona b msior paytmiris to give 7tatiGes dr beltalf atf, ar otisassite hs+rte trbmtgrtioet m aadar finis Sorra. 10,&zMbmbywaivbsugmatimysiaWFntdmftdwWsaftfurr,mtht Coahaat a b laterad $tbaCrtbsots, ps[almra eaeises and oelisr obSomieos. 1 i. No gait ar acfion snail ate tbrmrrtrreed by r Cisattaaet order qbjs Hord oak>Q rtwt in a oath of Cotaperau judoiliadm is lire kmdm in which Ore Work or pad of the Wart is roc Mood or aft flu ettp adm cf Mme year trwt *0 date (1) Ca *Web cite Cla%wd pve the matace raquW by Paragraph 4.1 or Puabr4h 4-2.3. or () on which dee last labor or serAce waa pafaawd by atq+sa I wag lata nofatisla a agrripttsatt were totaiab dd by anytsee carder &e Cosamatim Cootsm %tddwrer Oro) or (xj lilac nae M Inns peovldm of Ode p ort ►road or 11111' ed by law, lbs minlatum period of Yri " iiao auMh to tandw a a doihede to tbCMadictfom of Oce salt shell be applaud a IL Nd*m to 3wVW. Owreor. a C,onlruw sitdl be sailed= 11,11 pig left *Mauft shows m Om Mi ' pap: Aatm d =tips of raatiae by 9ureW, Owner, or C alrad w. hmvewer acaortrplasiad, sisal! be Mmdficwat aomep>mw as ofOu date reccired rt the adtltfaM tdtMaMa an Ore sitpiumam pagF. 1. Haw bsrtMW wdmm noft io Ctwuaetor sell No a copy, a 13. Whee ibis Band her bttm fidWd ed ts.eampr wills a stsnrtmg tsqmiligotent nmtieethesrpF. io l'3ww. Vi4d" M 4 aEOerharhtg lntprrb MAMd iM the kwabm wjbw Mia C+oomn wo to bi perfamv4 say provbiaa its ads .lab�w or bit btrdawd mWuialb a egmpmw ioeiud�edd iys ev dWm 1313013111naritSt t with acid A1011try r wed andi be domes 64md o wdh ��y, 110 MMM of tit YW M sold tM hm*m and pmomslam mallwaft to node Mkwtmtax reguteetttmt ahail ass ascus of to party to wi m the tatter ws at egnipmnent van deermed ianarperarod sewer I 'lite intent la tarot this 8md vhQ be =wftw d w s Cumaahed a mpplied, ar for Innes as bbw visa clues ter dwlkiMaty Hand and ort as a Common law b orA pafaMr * acrd IAL Upm rpiliva! of any paw ar otl► al*ea fl to be t pohm&M bacMayr 2. claw -w— rmasived a tejectim in wMia or k pw ftrorm Co wwarr, of d* Hord. Caahacw shorn p ww* hadsh a copy of this Hard or *d ar amt racsdered within 30 hp of 5mridting the ebarws aatiw sq pmttft a owy to bs amds. oanstamti-aim Shat Caerbulai by w kh O o -1060w had indirelted tae dim will bc pdd daacdy or bK*m dy; and 15. DPFIIaf[lDId3i 3. Not bawimil. been paid within tae abeam 30 days, have asst a mimeo notice to surety spa Meat a copy. w =do thereof. to Owner. aM&4 Ow a 4irw is being m We usder dela Bond and cadosang a tw of theprs riamr.mitio sociis drttddbtd 10 Clontraotor. S. 1f a ao*c by a Maims milubvd by Plc ollrao 0 is ptttwided by Oalret to Cwdracw or loo fib, *at Is vaflid"t nnmplEesee. d. Whoa a Cliodi mtt au sadsW dw cmidibow of paragraph 4, the Sway "I PM00y sad m Swe" ragpanae take the failowiag terie w. 6.1. Send as m m thtt Ciso=i4 willb ■ oupy to Owner. within 4.3 dip aftw reaipa of dee Claim stamng dee anesmis tact we uodisp led and flea basis for challenging wy eata+sa4 *am dhputed. 6.2. Pay or wratrp lar ptgmxnt of e W uwdhpollad wnwu ts. 7. Surrpra total tbiignOm shop nut mood rhe n.a m of Chis uloid, sod dee awoont of dere Bend dwH ben civdifed far any pmym w n & in goad Nb b7 Saexty. 15.1. CWsiont An irtdiivWWd or eaft holt it da w comomn with Co Mmater. or with a firat4ior sabooeimow of Coatmtctrr. to famish bboi; mmariais. or egaiprnM Ittr we to the Partwirimpm of the Cmusa nus lasso of lhk Hand dell be w twhnde wifto limmkown M dee carate "labor, ntrerriair or cgaipatttrt" dw pot of vow, gra, Vow. ftK hack axil, poulmv. akpb me or mW egrVmw nasd im lire E�atttract. srohitaidoeal sod en=iaaar6tg ealvirss ratlrriead ibr pa+dossoce of tae Wank of Cattaaesor sed Conwaaws wW all otlta items tar wWch it nwhamfk Kat any be awa W in lbs jaru"an whsre to labor, unkNisb, or ogaaprrteat Meso tis does. 15.2. Conant 11te apEteearatt be wrbrr Ornrtr and Cunbaator iduadfu d to the sis pays, includia* all [eatmcl Dommxra and chimps 11, PH 13.3. Ower PROult itilwe of O%w. when iter mddm r lmmr Mstaslaed twr wdv4 iopwCantnah,rueagaired1bptheConcoct;atopolm, and complete err Carxiq�r.rita clan odtsr tetras Otavar� FOR 1ORIIfA'110119i ONLY— Nam%Aaldrraand Tdal hone 952-830-3000 Swity AaearyerRrdeirt Wells Fargo Insurance Services LISA, Inc. 4300 MarketPointe Drive, Suite 600, Bloomington, MN 55435 OWSWIa *Bert Dow StantecconsuffingsenAces Inc. 2335 Highway 36 West, St. Paul, Minnesota 55113 I CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF STEARNS On this 4th day of May, 2012 betore me personally appeared Mary L. Popp to me known, who being by me duly sworn, did say that she is the Vice President of the ASTECH CORP., the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she signed her name thereto by like order. JENQFER ROBERTS Notary Public, NOTARY PU®LEC-AAINNESOTR ie My Comm. Exp. Jan. 31, 2014 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 4th day of May. 2012 before me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in -Fact of the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. rr 1 (NotarySeal) CASSANDRA NIME M `L+ NOTARY PUBUG - MINNESOTA MY COMMISSION E7a'I�S 01131116 'EMClnsurance Companies® P.O. Box 712 - Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an lows Corpraratfon 2 r:MCASCO Insuratica Company, an iatwa Corporation 3, Union Insurance Company of Providem. an ID wa CoWatlon +4. ilflnnls ENCASCO Insurance Comparry, an lows Corporation 3. Dakota Fire Insurance Company. a North Dakota Corpnratiorn 6. EMC prgerty & Casually Company, aro fowm Corporation 7. Hamilton Mutual Insurance Cvnpany, an fawa Corporalion hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Amy M. Burns its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S406325 Principal ASTECH Corp. Obligee City of New Hope and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-ol-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in fact at any time and revoke the power and authority given to him or her_ Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and eff ect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 14th day of July, 2011. Seals �-�pyGfl,�N5;�B4• :� 9�„ua,, �f ''t I..nr,�,'�,pG's SEAL `-= `z. 1863=_ ° 1953 ,F;�y51fApNIF' %6 R4.v Y,J At „��`Qp40Rgl.Oi �4=:OgPORgf.� 0: ��W �4 RRgl.G == SEAL SEAL _ ys SEAL _ _' �� ,nn...�� . •O "•'r•r,r+"gip �' %SFS"''•p.n„'`P . 'IOWA, ”"•�9r;R'•..• t N UTilq rte LAURELA.BLOSS Commission Number 183662 URAL My Comm. Exp. Mar13.2(L4 R1GIN )K—a,i�k4 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Michael Freel Assistant Vice President/ Assistant Secretary On this 14th day of July, AD 2011 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice PresidenVAssistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. J-fx,�a 6L&'a-6-i CERTIFICATE Notary Public in and for the State of Iowa I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 141h day of July, 2011, are true and correct and are still in full force and effect in Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4th day of May 2012 Vice President CONTRACT DOICUMENTS Project Manual For 2012 Crack Repair and Seal Coat CONTRACT DOCUMENTS New Hope,, Minnesota o City Project No. 905 March 2012 Project No. 193802281 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. a-i�' W. Christopher W. Long Aor Date: March 22, 2012 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS p 2012 Stantec 1193802281 00 0105 -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 0052 10 Agreement Farm 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 72 05 EJCDC C-700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01- General Requirements 01 03 00 Alternates 01 1000 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 50 00 Temporary Facilities and Controls 01 70 00 Execution Requirements SITE AND INFRASTRUCTURE SUBGROUP Division 32 — EXTERIOR IMPROVEMENTS 32 1236 Seal Coats 32 12 80 Flexible Paving Joint Construction 32 17 23 Pavement Markings END OF SECTION C 2012 Stamm 1193802281 TABLE OF CONTENTS 000110-1 SECTION 00 1113 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, Monday, April 16, 2012, 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: 2012 Crack Repair and Seal Coat. City Prollect No. 905 In general, Work consists of the following approximate quantities: 1,950 TN FA -2 Aggregate, Trap Rock 34,300 GAL Bituminous Material for Seal Coat 22,000 LBS Route and Seal 27,000 LF Striping, Paint (includes pavement markings) Complete digital Bidding uocuments are available at www.questcdn.com for $20 by inputting Quest Project #1947711 on the websites Project Search page. Paper Bidding Documents may also be viewed at the office of the City of New Hope and Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager Chris Long at (651) 604-4808. 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 © 2012 Stantec 193802281 ADVERTISEMENT FOR BIDS 001113-1 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 QuestCDN's Projects (www.QuestCDN.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's Projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or QuestCDN. 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 Bidding Documents. C 2012 Stantec ; 193802281 INSTRUCTIONS TO BIDDERS 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. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions 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 INSTRUCTIONS TO BIDDERS © 2012 Stantec 193802281 002113-2 Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; F. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 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 INSTRUCTIONS To BIDDERS O 2012 Stantec 193802281 002113-3 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 Addendum mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLES - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. © 2012 Stantec 1 193802281 INSTRUCTIONS TO BIDDERS 002113-4 ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11- SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal' item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. INSTRUCTIONS TO BIDDERS © 2012 5tantec 1193802281 002113-5 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04A 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 with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates Bids. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1193802281 002113-6 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.6 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 SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not © 2012 Stantec 1193802281 INSTRUCTIONS TO BIDDERS 002113-7 involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it snail De accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of.the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS © 2012 Stantec 1193802281 002113-8 Asphalt Surface Technologies Corporation BIDDER: __. a/k/a ASTECH Corp. Stantec DOCUMENT 00 41 10 BID FORM 2012 CRACK REPAIR AND SEAL COAT CITY PROJECT NO. 905 PROJECT NO. 193802281 NEW HOPE, MINNESOTA 2012 THIS BID IS SUBMITTED TO: City of New Hope City Hail 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid Is accepted, to enter Into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or Indicated in the Bidding Documents for the prices and within the times indicated In this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that, A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: 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. D'12 s ,tec ; 1.938 s 0041 10-1 MD IPM 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. 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. ® 2012 Stene[ 1 193802281 00 41 10-2 Bio 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 11.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: 1 MOBILIZATION LS 1 $ 5 SUS 6,UO $ 3ISrJp,00 2 'TRAFFIC CONTROL LS 1 $ x.500. oo $ 3.500.06 3 ROUTE AND SEAL LBS 17790$ 114/1? $ 4 BITUMINOUS MATERIAL FOR SEAL COAT GAL 27100$ Q#SS $ 5 SEAL COAT AGGREGATE, FA -2 (MOD), TRAP TN 1550 $ (00-00 $ (!pp d ROCK 6 PAVEMENT MESSAGE (LEFT ARROW) PAINT EACH 5 $ (a.5.0 G.._ $ laS DU 7 4" DOUBLE SOLID LINE YELLOW -PAINT LIN FT 1490 $ _ 10.16 $ 239 S/b 8 4" BROKEN LINE YELLOW - PAINT LIN FT 300 $ 0,00 $ '2 IV. 00 9 4" SOLID LINE WHITE -PAINT LIN FT 2100$ iJ. O $ O O 10 12" SOLID LINE WHITE -PAINT LIN FT 135 $ $ 6 y. Sa 11 36" ZEBRA CROSSWALK WHITE PAINT SF 500$ $ ,s0, Cr/ TOTAL BASE BID $ �q a 60 ALTERNATE NO. 1- 36TH AVENUE N.: 12 MOBILIZATION LS 1 $ A dd 00 $ 24V -06'U O 13 TRAFFIC CONTROL LS 1$ C21060.00 $,_0Va Oil 14 ROUTE AND SEAL LBS 4010$ � $ N 90 0 2012 Stanta 11938 N& 00 41 10-3 BID FORM No. Item Units Qty Unit Price Total Price 15 BITUMINOUS MATERIAL FOR SEAL COAT GAL 7145 $ d S6' 16 SEAL COAT AGGREGATE, FA -2 (MOD), TRAP TN 375 $ (o 0, em $'uxDd SOL 17 ROCK PAVEMENT MESSAGE (LEFT ARROW) PAINT EACH �f 24$ b r BUD dr $ S3G'UD 18 PAVEMENT MESSAGE (RIGHT-THRU ARROW) EACH 4 $ s 00 $ 3110,00 PAINT 19 PAVEMENT MESSAGE, MERGE ARROW - PAINT EA 2 $ /O 7. C30 $ a r Ye 00 20 4" DOUBLE SOLID LINE YELLOW -PAINT LIN FT 6300 $ 0-10 $ 00 21 4" SOLID LINE YELLOW -PAINT LIN FT 3200$ 0,029 $eq��ia� OD 22 4" SOLID LINE WHITE -PAINT LIN FT 10700$ Q. Q $ i7J��vr od 23 4" BROKEN LINE WHITE - PAINT LF 750$ a. 09 $ bo. OO 24 4" BROKEN LINE YELLOW - PAINT LF 900 $ 0,08 $ 72.00 25 12" SOLID LINE WHITE -PAINT LIN FT 210$ $ S4%00 26 36" ZEBRA CROSSWALK WHITE PAINT SF 1200$ Q. e $ �� Ob TOTAL ALTERNATE NO. 1 - 36TH AVENUE $ S O N. ® 2012 5tankt 1193002281 0041 10-4 BIO FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on April 16 , 2012. Name (typed or printed): , By: (Individual's signature) Doing business as: Business Street Address (No P.Q. Box #'s): Phone No.: Fax No.: (SEAL) z IZ SS I -t c r 13:.soa n 00 41 10-5 Bib Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Vs): Phone No.: Fax No.: Asphalt Surface Technologies Corporation Corporation Name: a/k/a ASTECH Corp. (SEAL) (NO CORPORATE SEAL) State of Incorporation: Minnesota Type (General Business, Profes3loual,,Senrice, Limited Liability): General Business By: Ll.{ (Signature) Name (typed or printed): Dale R. Strandberg Title: Vice—President Attest (CORPORATE SEAL) (NO CORPORATE SEAL) Business Street Address (No P.M4ox Vs): (Phys ral address): 8348 Ridgewood Road — St. Joseph, MN 56374 (MAILING ADDRESS: PO Box 1025—St Cloud MN 56302) Phone No.: 320-363-8500 _ .. Fax No.: 320-363-8700 0 2012 Stantec 1193502281 0041 10-6 BBD FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: —_(SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 0 2012 stanaec 1193BU 11 00 41 10-7 BID FORM „I' EMCeFA*5"s M0111111111caWAYCOMPM Home Office • Des Moines, Iowa Bond No. Bid Bond POA# 957854 BID BOND (NOT VALID IF BID AMOUNT EXCEEDS $ KNOW ALL MEN BY THESE PRESENTS: That we, Asphalt Surface Technologies Corporation a/k/a ASTECH Corp. PO Box 1025, St. Cloud, MN 55302 as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa and authorized to do business in the State of Minnesota Employers Mutual Casualty Company , as Surety, are held and firmly bound unto the City of New Hope, Minnesota as obligee, in the sum of Fivg ereent of Amount Bid ( 5% ) and No/100 DOLLARS, lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for. 2012 Crack Repair and Seal Coat, City Project No. 905 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of such proposal or bid and award and shall give bond for the faithful performance thereof, with the EMPLOYERS MUTUAL CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this day of __ April 2012 Amhalt Surface Technologies Corporation a/k/a ASTECH ( No g4Wrltte Seal) Prindl r— By: Mess Mary 1-• ice President Empl yens M al Casualty Company Surf B: wdfes Amy M. Burns Attameyan-Pe 7007(1-01) CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF STEARNS On this 16th day of Aril , 2012 before me personally appeared Mary L. Popp to me known, who being by me duly sworn, did say that she is the Vice President of the ASPHALT SURFACE TECHNOLOGIES CORPORATION A!K!A ASTECH CORP., the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she signed her name thereto by like order. JENIFER ROSERT8 (� NOTARY RXIMANNNIMA Notary Publ MI► Comm. ft in $1, =4 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 16th day of ___April ^, 2012 before me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in -Fact of the EMPLOYERS MUTUAL. CASUALTY COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, ° . ,. wannr!',NNAAM;% ✓wAAfv►nn unr, (ary Seal) PEMCInsuranae Companies No. 957854 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies', each does, by these presents, make, constitute and appoint: TODD A. KELSEY, MEAGAN MANTHEI AMY M. BURNS, INDIVIDUALLY, BLOOMINGTON, MINNESOTA ................................................ its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS............................................................................................. ($10,000,000.00) and to bind each Company thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. IThe authority hereby granted shall expire APRIL 1, 2014 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 10TH day of JANUARY , 2011 . Seals 11NS6rgq�.,nu00 i,J�•P. ,u n,C48•�'• +� 4iSg4 =w:�� :Cr: P 0q4 fie•: -�.`?� fn' �,: -o SEAL c= .2=° �: p�1863 ame'a= 1953c4 € ab� ' yam...��'.�,�,�_gam''•......•`': o •,� OWN" • rows .• �gISRA/,C �''•. ```�pS�RAN •• ,•`�.ISTUAt una,FC s 4 , ORq�.:03 S'q%puna,CF�'� ``QS,.u....r.Cq. 4� =: �y.opP �w=•gPPORl :CO: 'a4. : os?0,?4 SEAL t Q ; SEAL ; W"s SEAL = _ • f''ryunp..•* C •O •. . „n,``p ;` 'ibF,p......... ,'' IOWA ''•'bark .,�?►07NE5. onwol '`e j L1 UTV LAUREL A. GLOSS Commission Number 183662 My Comm. Exp M&1 2o14 Bruce G. Kelley,Chairman(/_Michael reel AVE of Companies 2, 3, 4, 5 8 IY, President Assistant Secretary of Company 1; Vice Chalrman and CEO of Company 7 On this 10TH day of JANUARY AD 2011 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Free[, as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires Mares 13, 2014. otary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, I and this Power of Attorney issued pursuant thereto on _ JANUARY 10, 2011 _ on behalf of Todd A. Kelsey, Meagan Manthei, Amy M. Burns are true and correct and are still in full force and effect. I In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16t3olay of April 2012, 4�9 40 � Vice -President SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the 01y of New H Min to (hereinafter called Owner) and ASTECH. Corp. (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: crack repair and seal coat street improvements. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2012 Crack Repair and Seal Coat, City Project No. 905 for the City of New Hope, Minnesota. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Tme ofthe Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will not begin until August 1, 2012. B. All work will be Substantially Completed on or before September 1, 2012. This includes route and seal, seal coat, and the first sweeping. C. All work shall be completed and ready for Final Payment In accordance with Paragraph 14.07 of the General Conditions on or before October 31, 2012. 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 preceding 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 $200 for each day that 0 2012 Stantec 1193802281 AGREEMENT FORM 005210-1 expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. 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 $200 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 S — 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 One Hundred Ninety -Seven Thousand, Nine Hundred Eighty - Two Dollars and No Cents ($197,982.00). ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided In Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.0235 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. © 2012 Stantec 1 193842281 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8— CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter Into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." 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. © 2012 Stan ec 1193802281 AGREEMENT FORM 005210-3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered In the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 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: 2012 Crack Repair and Seal Coat. 7. Addenda (Done). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed In Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 0 2012 Stantec 1193802281 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between 2 or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ® 2012 Stantec 1193802281 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on M2012 (which is the Effective Date of the Agreement). Owner: New Hope, Minnesota Attest: Address for giving notices: CITY OF NEW HOPE 4401 XYLO N AVE NO. _ NEW HOPE, MN 55428 Designated Representative: Name: KIRK t4—SA NAL® 4 .1 �. k Title: . Address. _ Y AVENO 5542$ Phone: Facsimile: Contractor: (NO 'ORPORATE SEAL) Attest: —M Qk� X- po-jap Address Mv iPoR i V ce-Pres. cretary PO 6o 6A5 Si U6ud RAJ 5630.a - License No.: /o Iq (Where Applicable) Designated Representative: Name: S Title: /IR Address: 16"6 &K Sr /%U •S�� o,�L Phone: .3 ao -3la 3 — S,' `5 o o Facsimile: 3a0' .-3&3-;?706 END OF SECTION AGREEMENT FORM Q 2012 Stantec 1193802281 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00 6113.13-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance ofthe Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance ofthe Contract Price to: 1. Surety in accordance with the terms of the Contract; 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for. 6.1. The responsibilities of Contractor for correction of defective Walk and completion ofthe Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or setoff on account of any such unrelated obligations, No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 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 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and located and shall be instituted within two years after Contractor Default or within two at Surety's expense take one ofthe following actions: years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of 4.1. Arrange for Contractor, with consent of Owner, to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract; or available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself, through its agents 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address or through independent contractors; or shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable atter the amount is determined, tender payment therefor to Owner, or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to he in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. 00 6113-13-2 IWI-140 I D10 W1-1930 -01 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY (Seal) (Seal) Surety's Name and Corporate Seal (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. have furnished written notice to Contractor and sent a copy, or notice thereof to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. if a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): S. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all fimds 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 fonds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs, if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1, Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. 00 6113.16-2 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By :ia#ina�SocFey o�AC its" &~SlAIf h"M PYA ,4.... -£�P.»• .,. .. i..,,.'sw 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 r¢uaa des Craairta aSN and ws�.wg OV r1w Bud, Emnomam 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 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms..........................................................................................................................................................6 1.02 Terminology.............................................................................. .......... ...........8 ARTICLE 2 - PRELIMINARY MATTERS............................................................................................................................... 9 2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................................9 2.02 Copies of Documents...............................................................................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed...........................................................................................9 2.04 Starting the Work.....................................................................................................................................................9 2.05 Before Starting Construction...................................................................................................................................9 2.06 Preconstruction Conference........................................................................................................... ...9 ...................... 2.07 Initial Acceptance of Schedules...............................................................................................................................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................... 3.01 Intent ......................................................................................................................................................................10 3.02 Reference Standards.......................................................................................................................... 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......................................................................................................................................................1 i 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 ARTICLE 5 - BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance, Payment, and Other Bonds...................................................................................................•-------...14 5.02 Licensed Sureties and Insurers.................................................................................................................. 5.03 Certificates oflnsurance........................................................................................................................................ 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 oflnsurance 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 R epres e n ta tive .........................................•................................................................................ ...................23 6.15 Hazard Communication Programs........................................................................................................................23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reaerved. 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 ARTICLE10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders..................................................................................................................................29 10.04 Notification to Surety .............................................................................................................................................29 10.05 Claims................................................................................................................. ...29 ARTICLE 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 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor's Warranty of Title.....................................................................................................................37 14.04 Substantial Completion..........................................................................................................................................37 EJCDC C-740 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved 00700-4 14.05 Partial Utilization..................................................................................................................................................38 14.06 Finallnspection.....................................................................................................................................................38 14.07 Final Payment........................................................................................................................................................38 14.08 Final Completion Delayed.....................................................................................................................................39 14.09 Waiver of Claims...................................................................................................................................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION............................................................................:............39 15.01 Owner May Suspend Work.....................................................................................................................................39 15.02 Owner May Terminate for Cause...........................................................................................................................39 15.03 Owner May Terminate For Convenience...............................................................................................................40 15.04 Contractor May Stop Work or Terminate..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION................................................................................................................................41 16.01 Methods and Procedures.................................................:.....................................................................................41 ARTICLE 17 - MISCELLANEOUS.........................................................................................................................................41 17.01 Giving Notice.........................................................................................................................................................41 17.02 Computation of Times............................................................................................................................................41 17.03 Cumulative Remedies.............................................................................................................................................41 17.04 Survival of Obligations..........................................................................................................................................41 17.05 Controlling Law.....................................................................................................................................................41 17.06 Headings................................................................................................................................................................41 EJCDC C-700 Standard General Conditions of the Constrncdon Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS 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 number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor --The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work --See Paragraph 1 LOLA for definition. 17. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement. EJCffC C-700 Standard General Conditions of the Construction Contract. Copyright 0 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, Petroleums, 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--1he wntten 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 Falues--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 famished 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. Ali 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 Yidder-=1 he 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--AII 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 authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perforin," 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 mearming. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to ran later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times, Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule.will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any succi 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 applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive, B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any'other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data turmshed by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's famishing 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 famish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conartions 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. £ 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 0 2042 rational 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. Ali righty reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. if the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.013, 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 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are 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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided m 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 C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other 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, .lcknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise. specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal " Items: if in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2.) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine That the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented m the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application.- 1) pplication: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.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 6.05.B 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 changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and. if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of 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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 au license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Contraction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 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 14.073 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 G700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 6.2 1, 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 C 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 7.0l.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 benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 7002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the contract jrnce or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 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 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.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 fall 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 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. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A_4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may -be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 1 LOLA and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by_a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.0l .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 C 2002 National Society of Professional Engineers for LJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01 .C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0LA. 1 and 11.0i.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.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 11.0I.A.1 and I L0I .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 11.0I.A.4, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.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® 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.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not tound to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 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 offlpplications 1. Engineer will, within 10 days atter 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. elie£ 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. S. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 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 C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract Copyright® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 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 those 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 Terminalefor 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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or 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 5.0l .A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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 I - 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 of the Contract Documents. Limitations of use of electronic and printed documents are described in the Instructions to Bidders and General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.02.E in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner or Engineer. SC -4.04.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of C1/ASCE 38-.2, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SC -5.03.8 Delete Paragraph 5.03.8 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. cQ 2012 Stantec 1193802281 SUPPLEMENTARY CONDITIONS 007305-1 SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 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., Longsnoreman'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 © 2012 Stantec 193802281 SUPPLEMENTARY CONDITIONS 007305-2 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. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 7 - OTHER WORK ARTICLE 8 - OWNER'S RESPONSIBILITIES ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.6 Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." ARTICLE 11- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13,07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." SUPPLEMENTARY ODNDMONS C 2012 Stantec 1193802281 007305-3 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.0235d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.123 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.6, 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 -16.01.12, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. © 2012 Stantec 1 193802281 SUPPLEMENTARY CONDITIONS 007305-4 D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. F. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2012 Stantec 11938022B1 007305-5 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Includes the crack repair, seal coat, and pavement markings for 36th Avenue North as shown on the Drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2012 Stantec 1 193802281 010300-1 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2012 Crack Repair and Seal Coat for the City of New Hope, Minnesota, City Project No. 905. B. Description of Work: Crack repair and seal coat street improvements. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are at the Public Works Facility as shown on the Drawings and shall be removed upon completion of Work. 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. The Owner has the right to limit/eliminate any of the described work to ft budget constraints without adjustment to Bid Unit Prices. PART 2 PRODUCTS Not Used. 9) 2012 Stantecn193802281 01 00 1 PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2012 Stantec 1 193802281 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL A. Section Includes 1. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base 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 wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, 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 © 2012 Stantm 1 193802281 PRICE AND PAYMENT PROCEDURES 012000-1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PARTI 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. 1.04 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for measurements, and observation of Work. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. C. Progress Meeting Procedures PROJECT MANAGEMENT AND COORDINATION ® 2012 Stantec 1 193802281 0131 00 -1 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.07 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Seal coat operations shall not begin until the crack repair has been completed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2012 Stantec 1 193802281 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and casts of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety SUBMITTAL PROCEDURES © 2012 Stantec 1193802281 013300-1 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.04 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES cp 2012 Stantec 1 193802281 013300-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. 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. 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. 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. p 2012 Stantec 1193802281 TEMPORARY FACILITIES AND CONTROLS 015000-1 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. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.03 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. 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 may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. b. Provide access for emergency vehicles and busses to all residences at all times. c. All necessary signing (i.e. no parking, loose rock, etc.) shall be coordinated by the Contractor with the City of New Hope. No parking signs shall be placed along all streets a minimum of 24 hours prior to the Work. At least 3 signs per block per side shall be TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 143802281 015000-2 installed to inform residents. Loose rock signs shall be posted immediately after aggregate placement and remains in boulevard areas for 7 days until loose rock is swept. d. 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. e. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification 1845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 31318. D. Traffic Control Devices 1. Daily inspect and insure that all traffic control crevices 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. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 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. E. 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. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1193802281 015000-3 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 other 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. 5. IC -134 Form. PART 2 PRODUCTS Not Used. 3:111&M4:1x@11110f•]►I 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 GENERAL INSTALLATION REQUIREMENTS A. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. © 2012 Stantec 193802281 EXECUTION REQUIREMENTS 017000-1 B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Patch defective and incomplete surfaces caused or exposed by Work of the Project. B. Repair any damage to existing conditions and patch to match. C. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 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 © 2012 Stantec 1193802281 EXECUTION REQUIREMENTS 017000-2 SECTION 32 12 36 SEAL COATS PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Application of bituminous material followed by placement of an aggregated material on an existing bituminous pavement. B. Related Sections 1. Section 32 12 80 - Flexible Paving Joint Construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for the following items: a, Bituminous Material for Seal Coat 1) Measurement shall be based on the bituminous material applied by volume in gallons at 60 degrees F. 2) Payment shall be made based on the Bid Item provided on the Bid Form and shall include the following: a) Delivery of material. b) Distributor calibration. c) Distribution and application. 3) Bid Form quantity is estimated based on an application rate of 0.25 gallons per square yard. b. Seal Coat Aggregate, FA-2(Mod), Trap Rock 1) Measurement shall be based on tons of material placed and accepted a) Stockpiled aggregate material requires weight tickets specifically noting the gross, net, and tare weights of material delivered. 2) Payment shall be made based on the Bid Item provided on the Bid Form for each specific aggregate type and include the following: a) Delivery and stockpile of aggregate. b) Initial aggregate testing. c) Specified surface preparation. d) Calibration of aggregate spreader. e) Hauling and spreading of aggregate. f) Rolling and compaction of aggregate. g) Initial and second sweeping costs. 3) Bid Form quantity is estimated based on an application rate of 23 pounds per square yard. 2. The Owner reserves the right to add or decrease the Bid Form quantities without a change in the Bid Unit Price. 3. If any application rate of the aggregate of bituminous material, as determined by the Engineer, is greater than 10 percent that designated by the Engineer at the start of the Project, the materials in excess shall be incidental to the remainder of the Project. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. ® 2012 Stantec 193802281 SEAL COATS 321236-1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2356 - Bituminous Seal Coat. 2. 3127 - Fine Aggregate for Bituminous Seal Coat. 3. 3137.2B - Aggregate Classification. 4. 3151 - Bituminous Material. 5. Minnesota Seal Coat Handbook (MSCH). 1.04 SEQUENCING AND SCHEDULING A. The Contractor must provide the Engineer and Owner 3 weeks notice before starting the Work in general. B. Aggregate must be delivered and stockpiled 14 days prior to the start of construction to allow the Owner time to perform the necessary testing. C. Aggregate stockpiling shall be at New Hope Public Works Facility. The location is shown on the Drawings and will be reviewed at the preconstruction meeting. 1. The Contractor must keep a loader at the stockpile at all times and maintain the stockpile as necessary. 2. The stockpile must be kept within the designated limits and not be allowed to spread to the extent that it interferes with City and residential activity. D. Prior to starting Work, the Contractor shall meet the Engineer and Owner to discuss the method and means of material, means of material supply, a work schedule, and a general review of the Specifications. E. The Contractor shall coordinate with the City on any repairs needed to pavement prior to seal coating. F. The Contractor is responsible for notifying the Engineer 72 hours in advance of the seal mating operations for developments to allow the Engineer time to distribute notification to the residents restricting parking and use during the seal coat operation. PART 2 PRODUCTS 2.01 MATERIALS A. Bituminous Material 1. Conform to MnDOT Spec. 3151, Emulsified Asphalt, Cationic Grade, CRS -2. B. Seal Coat Aggregate 1. Conform to MnDOT Spec. 3127 and 3137 a. Aggregate classification, conform to MnDOT Spec. 3137.2B 1) Class A Aggregate. 2) Aggregate gradation, conform to MnDOT Spec. 3127.2B a) FA — 2 modified. (1) 75 percent of material by weight retained on 2 consecutive sieves. (2) A material sample may be required prior to approval. SEAL GOATS © 2012 Stantec 1193802281 321236-2 PART 3 EXECUTION 3.01 GENERAL A. Prospective Bidders are advised to inspect all streets and verify existing conditions to their own satisfaction prior to submitting a Bid. 3.02 RESTRICTIONS A. Conform to MnDOT Spec. 2356.3A, except as modified herein: 1. Seal coating operations shall be conducted only between 7 A.M. and 9 P.M. Monday through Friday, and 9 A.M. to 9 P.M. on Saturdays. No work is permitted on Sundays or holidays, unless approved by Owner. 2. Any water required can be provided by the Owner. Coordinate with Bernie Weber, 763-592-6762, at Public Works. 3. Assign at least 1 laborer strictly to walk behind the chip spreader operation to hand broom or clean up any missed area or plies of aggregate. 4. Application of bituminous material to concrete curb surfaces and into City storm sewers is prohibited. The Contractor will be responsible for the immediate removal of said material. 3.03 EQUIPMENT A. Conform to MnDOT Spec. 2356.3B, except as modified herein 1. Aggregate spreader shall be a self-propelled and computerized. 2. The sweeping broom shall be a power pick up broom. 3.04 SURFACE PREPARATIONS A. All street surfaces carefully cleaned, scraped, swept, and approved by the Engineer prior to seal coating. B. Application of water may be required to minimize the creation of air bome dust and assist in the sweeping and cleaning operation. C. Hand cleanup used as necessary. D. Cover all manhole and gate valve box covers with fine aggregate or sand prior to seal coating, so that seal coat material does not adhere to the cover surface 1. Clean all fine aggregate and seal coat material from manhole and gate valve box covers once Work is completed. 2. Dispose of all fine aggregate and seal coat material at an acceptable location outside the City limits. 3.05 BITUMINOUS MATERIAL APPLICATION A. Conform to MnDOT Spec. 2356.3D, except as modified herein: 1. Application rates shall be modified only as directed by the Engineer or an authorized representative. 2. Application rates will be determined based on existing surface conditions and traffic volumes. SEAL COATS C 2012 Stantec , 193802281 321236-3 3.06 AGGREGATE APPLICATION A. Conform to MnDOT Spec. 2356.3E, except as modified herein: 1. Application rates shall be modified only as directed by the Engineer or an authorized representative. 2. The Contractor is responsible to perform the test strip and calibration of the chip spreader in accordance to the "Standard Method for Determining the Transverse Spread Rate for Surface Treatment Application" (Modified Method ASTM D5624-95) a. Complete this procedure on the first day of seal coat application and 1 additional time during construction as requested by the Engineer. b. All cost associated with this test are considered incidental to the aggregate placement Bid Item. 3. Hand spreading or brooming of seal coat aggregate will be required of the Contractor where non-uniform application of seal coat bitumen and/or aggregate occurs, and small irregular areas. 3.07 ROLLING OPERATIONS A. Conform to MnDOT Spec. 2356.3F, except as modified herein: 1. Rolling operations shall be performed to allow the aggregate to properly be embedded into the binder material prior to the binder "breaks." 2. A minimum of 3 rollers will be required. 3. Compact for a minimum of 3 passes over all areas with 5 passes required on heavily traveled roadways with speed limits greater than 30 mph. 4. Roller speed not to exceed 5 mph. 3.08 INITIAL SWEEPING OF EXCESS AGGREGATE A. Sweeping operations shall begin approximately 1 to 3 days after seal coat has been allowed to set up. B. Engineer to determine the exact date to begin sweeping operations. C. In the event that the Contractor has not completed the sweeping within the specified time of the completion of application, a penalty of $100 per calendar day will be charged until the sweeping is completed. D. Utilize more than 1 power pick-up broom if necessary to meet time requirement. E. The Contractor shall be responsible for the sweeping and removal of the excess aggregate from the streets shall be disposed of off Site. F. If sweeping operations are not satisfactory, the Contractor is responsible to return and complete sweeping at no additional cost to the Owner. 3.09 SECOND SWEEPING OF EXCESS AGGREGATE A. Schedule 21 calendar days from the date of the initial sweeping of the excess aggregate material. B. The Contractor shall notify the Engineer of the schedule for this sweeping. C. Sweeping preformed by 1 or more power pick-up brooms. t �� 4 %W"e © 2012 Stantec . 193802281 321236-4 D. Dispose of all loose aggregate material collected by the sweeping operation at an acceptable location outside the City limits. E. If the Contractor falls to perform the second sweeping within the time frame. specified, a penalty of $100 per calendar day will be charged until the sweeping is complete. 3.10 PROTECTION A. Conform to MnDOT Spec. 2356.3G, except as modified herein: 1. The Contractor shall be responsible for damage done to any adjacent driving surfaces, shoulders, or boulevards. B. Traffic Control 1. It will be the Contractors responsibility to install and maintain warning signs at the entrances to developments or the ends of the streets being seal coated. a. These signs shall be 36 inches by 36 inches with the wording "Loose Rock." b. Signs equipped with warning lights. c. Signs are to remain in-place until the sweeping of excess aggregate is complete. d. Compensation for all Work related as part of the Bid Item "Traffic Control." 2. Flexible Raised Reflector Pavement Marking Devices a. Provide new flexible raised reflector pavement marking devices to identify all existing pavement markings where applicable. b. The color must correspond to the existing pavement markings. c. Install these devices 5 days prior to seal coating each specific street. d. The interval or spacing for this work shall be a minimum of 100 feet or where changes are made in the existing stripping. e. The cost for this work shall be included in the Traffic Control Bid Item on a Lump Sum basis. 3. Traffic rerouting is the responsibility of the Contractor. 4. All flag persons, barricades, flashers, and safety measures are the sole responsibility of the Contractor. 5. Provide sufficient direction and warning signs on the Project to minimize inconvenience to property owners and the traveling public. 6. Provide reasonable access at all times for abutting property owners and for emergency vehicles. Utilize flares or approved flashers from sunset to sunrise if required by the construction. 3.11 FIELD QUALITY CONTROL A. The Contractor shall submit for review by the Engineer at the Pre -Construction Conference, a report from an independent testing laboratory indicating the gradation, median aggregate size, flakiness index, bulk specific gravity, and loose unit weight of the aggregate being supplied for the Project. This information shall be used to determine the design application rates for the aggregate and bituminous material. B. The Contractor shall submit for review by the Engineer at the Pre -Construction Conference information regarding the anticipated residual asphalt content of the proposed binder material. C. The Contractor is responsible for notifying the Engineer of pit location, bituminous supply, scale location, and any other correlated items in advance of starting time, so that adequate control measures can be established. D. Inspections shall be performed in accordance to the MnDOT Seal Coat Handbook. END OF SECTION © 2012 Stantec 11938022B1 321236-S SECTION 32 12 80 FLEXIBLE PAVING JOINT CONSTRUCTION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. The rehabilitation of longitudinal and traverse cracks in existing bituminous pavements by a method of route and seal. B. Related Sections 1. Section 32 12 36 - Seal Coats. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Route and Seal. Measurement shall be based on pounds of material placed on the Project as determined from the weight tickets and documentation supplied by the contractor. Payment shall include equipment and labor, removals, disposal of existing materials, saw cutting, joint preparation, sealant material and application, and paper protection regardless of which method is used. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3127 - Fine Aggregate for Bituminous Seal Coat. 2. 3151 — Bituminous Material 3. 3723 - Joint and Crack Sealer (Hot -Poured Elastic Type). 4. 3725 - Joint and Crack Sealer (Hot -Poured, Extra Low Modulus, Elastic Type). 1.04 SUBMITTALS A. Submit the following items: 1. Product and data sheet for joint sealant material. 2. Manufacturer's recommendations pertaining to heating and application of joint sealant. 1.05 DEFINITIONS A. Route and Seal: Saw cutting and sealing of existing random joints of an existing bituminous pavement. 1. The Work shall consist of repairing cracks in the streets snown on the Drawings. Cracks to be repaired shall be as directed by Engineer, including longitudinal transverse cracks. Cracks repaired in previous years will not be cleaned and refilled unless directed by Engineer. 1.06 SEQUENCING AND SCHEDULING A. Route and seal of existing joints shall be completed prior W bituminous pavement treatments. FLEXIBLE PAVING JOINT CONSTRUCTION O 2012 5tantec 1193802281 321280-1 B. Specific locations of the crack repair work and method of treatment shall be identified by the Engineer prior to the Contractor performing the specified Work. PART 2 PRODUCTS 2.01 JOINT SEALANT MATERIALS A. Conform to MnDOT Spec., except as modified herein 1. Route and Seal: Conform to MnDOT Spec. 3723. 2. Protective paper covering for route and seal. PART 3 EXECUTION 3.01 GENERAL A. The application shall be for longitudinal and traverse cracks. The completed joint repair treatment shall have a homogenous appearance and a uniform texture. B. Perform bituminous joint construction operations during daylight hours. C. Establish traffic control which is compatible to the operations being performed. D. Problems with the routing method that is typically used have arisen on past projects. The previous seal coat applications have created a buildup of aggregate on the surface of some streets. When the routing is performed, this built up layer separates in large pieces from the street. If this occurs when completing the routing procedure; 1. Notify the Engineer immediately. 2. Proceed with the "Blow and Go" method for crack repair. 3. Perform a test strip on each subsequent street to see if it is suited for the routing method and revert back to routing if feasible. 4. No adjustments to Bid Unit Prices or quantities or additional compensation will be made because of the requirement of an alternative method to be used for the crack repair work. A Bid Item for Mobilization has been provided to cover costs associated with the moving of equipment and personnel. 3.02 PREPARATION A. Weather Limitations: 1. The existing bituminous surface must be dry prior to performing the joint construction work. 2. Air temperature in the shade and away from artificial heat sources is at least 40 degrees F. 3.03 SAWCUTTING OF JOINTS A. Route and seal joints shall be cut using blades of such size and configuration such that the resulting joint reservoir shape is rectangular as specified. 1. A single saw cut shall be made if the configuration consists of multiple reservoir shape. 2. Extend the full width of the pavement. 3. Dry or wet cutting is allowed. B. Joint Reservoir Size 1. Route and Seal: 3/4 inch wide, 3/4 inch depth. FLEXIBLE PAVING JOINT CONSTRUCTION © 2012 Stantec 193802281 321280-2 C. Route and seal joints shall include all existing random joints, longitudinal or transverse with a width less than 3/4 of an inch. 3.04 CLEANING JOINTS A. Dry Sawed Joints 1. Clean thoroughly with a 100 -psi air blast to remove any dust, dirt, or deleterious matter adhering to the joint walls or in the joint cavity. 2. Blow or brush the dry dust and material off the pavement surface. All streets must be swept after crack sealing to pick up millings. B. Wet Sawed Joints 1. Clean thoroughly with a 50 -psi water blast immediately after sawing to remove any slurry dirt or deleterious matter adhering to the joint walls or in the joint cavity. 2. Dry with a 100 -psi air blast. 3. Re -clean joint with a water blast if the air blast produces dirt or other residue from the joint cavity. 4. Immediately flush all sawing slurry from the pavement surface. 3.05 HEATING JOINTS A. Dry and warm joints with a hot compressed air heat lance immediately prior to placing the sealant 1. Temperature of Air at Exiting Orifice: At least 2,800 degrees F. 2. Velocity of Exiting Heated Air: At least 2,800 fps. 3.06 SEALING A. Heat sealant material in a kettle or melter constructed as a double boiler with the space between the inner and outer shells filled with oil or other heat transfer medium. B. Heat or insulate applicator wand to maintain the pouring temperature of the sealant during the placement operations. C. Do not use pour pots or similar devices to fill sawed joints. D. Adhere to Manufacturer's Recommendations I. Do not let field application equipment exceed the safe heating temperature recommended by manufacturer. E. Do not re -heat sealant material. F. Route and Seal 1. The sealed joint shall have a 4 inch over band of sealant material. 2. The sealed joint shall be protected with a 2 -ply toilet paper to prevent tracking. G. The Contractor shall protect the completed work for the full amount of time required for curing of the materials placed. 3.07 FIELD QUALITY CONTROL A. Final results of cleaning joint subject to Engineer's approval. B. Application time of sealing is subject to Engineer's approval. © 2012 Stantec1193802281 FLEXIBLE PAVING JOINT CONSTRUCTION 321280-3 C. Do not place sealant if Engineer determines the weather and roadbed conditions to be unfavorable. D. Final appearance of sealed joint shall present a neat, fine line. END OF SECTION FLEXIBLE PAVING JOINT CONSTRUCTION © 2012 5tantec 1 193802281 321280-4 SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 36 — Seal Coats. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Lines: a. Lines shall be measured by the linear foot on the basis of length actually applied. 1) Separate measurement made on the basis of color and nominal width. 2) Double yellow lines shall be measured to include both lines per linear foot of quantity because they are applied simultaneously. 2. Messages: a. Messages shall be measured on the basis of each applied, according to type of message. 3. Crosswalk: a. Zebra Crosswalk shall be measured on the basis of square feet of crosswalk actually applied. 4. Bid Items for pavement markings of each type are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid items. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3591 - High Solids Water Based Traffic Paint. 2. 3592 - Drop -On Glass Beads. 3. The Application Specification for Conventional Pavement Marking Materials. 4. 3 -Minute Dry Alkyd and High Solids Latex. 1.04 SUBMMALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. Q 2012 Stanbec 1193802281 PAVEMENT MARKINGS 321723-1 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color - Fiat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3 -Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. B. Glass Beads 1. Conform to MnDOT Spec. 3592 for "Drop -On Glass Beads." 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic Control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck -mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water-based materials. PART 3 PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. PAVEMENT MARKINGS OO 2012 Stantec 1193802281 321723-2 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of sweeping: a. No sooner than 24 hours after sweeping excess aggregate. b. Within 7 working days of completion of sweeping. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points a. Horizontal control. b. Starting and stopping points. c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. 5. Pavement marking devices to be installed in accordance with Section 32 12 36. 6. All existing markings are to be repainted upon completion of the seal coat work. 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 -inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. PAVEMENT MARKINGS 0 2012 Stantec 1193802281 321723-3 B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint or epoxy markings. 2. Rate of application shall be 8 lbs. per gallon. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing and seal coat shall not be damaged by the removal operation. END OF SECTION © 2012 Stantec 1193802281 PAVEMENT MARKINGS 321723-4