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IP #908COUNCIL FS - Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 11, 2012 Development & Planning Item No. $.1 By: Guy Johnson, Director By: Kirk McDonald, City Manager Motion authorizing preparation of plans and specifications for the proposed Trunk Highway 169 water main replacement project. (improvement project 908) Requested Action Staff is recommending that Council pass a motion authorizing the city engineer to prepare plans and specifications for the proposed replacement of two sections of eight -inch water main along T.H. 169, between Bass Lake Road and 62nd Avenue North. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to improve the city's appearance, increase public safety, and replace the city's infrastructure when maintaining the existing infrastructure becomes infeasible. Background The first section of eight -inch water main being recommended for replacement along T.H. 169 runs from 5955 Independence to 62nd Avenue. This section of pipe, buried in the ditch of T.H. 169, has a history of water main breaks. The water main along this section is currently turned off due to a large leak caused by a hole from corrosion that can only be repaired by replacing a section of pipe. While no property owners are without water, the isolation of this section of water main from the distribution system has closed a loop in the distribution system, causing a drop in water pressure and volume for fire protection in the area. To further improve the water pressure and volume in the Bass Creek Circle neighborhood, staff is recommending that the proposed new water main along T.H. 169 be tied into the dead-end water main in Bass Creek Circle. The second section of water main being considered for replacement runs from Bass Lake Road to 9315 59th Avenue. This pipe is also buried in the ditch of T.H. 169, in the area of the cloverleaf at Bass Lake Road. Motion by 2,U),UVL& Second by To: L• 1RFA\PUBW0M\2012�908 T.H.169 Water Main Preparation of Plans and Specs.doc Request for Action June 11, 2012 Page 2 Both of these areas have difficult access issues for staff to maintain and make repairs to the water main. Because of these issues and the restricted ability of the city's equipment, most of the repairs along these two sections of water main require assistance from a contractor and incur additional costs. Staff is evaluating two different replacement procedures for these two sections of water main. Because of the location of the project, the T.H.169 right-of-way ditch, one procedure to consider would be the standard excavated open trench installation procedure. With the location of the project being extensively in the ditch, the open trench procedure's restoration cost would be minimal in comparison to water main installation in a street right-of-way. The second procedure would be the boring of the new replacement pipe. Installing the replacement pipe through a boring process would substantially reduce the number of excavations needed to install the new pipe. Cost estimates, benefits and/or issues of both procedures would be reviewed prior to deciding on a preferred procedure on which to request bids. Because of financial restraints, if the city proceeds with the project staff is also recommending that the section of eight -inch water main along T.H. 169, between 5955 Independence and 62nd Avenue, be the base bid and that the second section of water main, buried in the ditch of the T.H. 169 and Bass Lake Road cloverleaf, be bid as an alternate. Funding The engineer's initial CIP cost estimate was $150,000. The current preliminary cost estimate, including completing the water main loop to Bass Creek Circle, is between $175,000 and $200,000. Funding for the project would come from the city's water fund and/or the Temporary Financing Fund. Attachments A letter from the city engineer and a map of the proposed area of work is attached. E\RFA\PUBWORK512012\ 908 T.H. 169 Water Main Preparation of Plans and Specs.doc Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 June 6, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Trunk Highway 169 Water Main Improvements — Authorize Preparation of Plans and Specifications Client Project No.: 908 Dear Guy: We have preliminarily reviewed the water main replacement of two sections of water main along Trunk Highway 169. There is approximately 2,400 feet of cast iron pipe water main being considered for replacement. Due to access constraints, the crossing of Bass Creek, and potential poor soil conditions, two replacement procedures will be considered during the design for replacement of this water main. We will review the cost - benefit analysis for the standard excavated open trench installation as well as a directional drill (boring) process which includes minimal excavations. Figure 1 shows the location of two sections of water main being considered for replacement. The first section of water main is located along TH-169 between 5955 Independence and 62nd Avenue. The second section is located along ramp onto TH-169 from Bass Lake Road to 9315 59"' Avenue. The second section will be bid as an Alternate due to financial restraints. The anticipated total project costs, including indirect, is estimated to be approximately $175,000 to $200,000. If Council chooses to move forward with this project, authorization for preparation of plans and specifications could be given at the June 11th Council meeting. The work under this contract would be completed in the late summer or early fall months. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Figure 1 Cc: Mark Hanson, Katie Warner, Jason Petersen — Stantec. WATER MAIN REPLACEMENT BASS CREEK CROSSING WATER MAIN REPLACEMENT (ALTERNATE) -JAIOs, ___AX=A111c 4-+% 4L Ifu E -s -Q s s j: �561fi 5641 3832 } 5632 5633 5832 5841 5890 .fd 5960 633 ( . h5824 5826 1 y� l •$ q 5836 j, Salt 5825 � L5.114–"{— 5817 se17 s82s w se 6 ` \, StWB 56� ' '66B 5609 5817 !, Ea08 3806 , no sow sa61� � /J�j ��,` ..� ; I. `�._ • rte°' li I � � � �, - ................. .. - 8731 8981 1 j ::_.3741 7 ti Q 200 400 Horizontal Scale In Feet I j �` - I �' I " ` 5625 5621 I I Sfi56 PROPOSED WATER MAIN IMPROVEMENTS NEW HOPE FIGURE: 1 TH-169 WATER MAIN IMPROVEMENTS R:\CLIENT\MUNICIPAL\NEW_HOPE_CI_MN\PRO]ECTS\169 WATER MAIN\CAD\FIGUWj;,DWG 6/5/12 COMM: Finance and Commerce, Inc. Finance & Commerce, St. Paul Legal Ledger, Politics In Minnesota and Minnesota Lawyer 730 South Second Avenue Minneapolis, MW 55486-2620 (P) 612-333-4244 or (F) 612-333-3243 COPY FOR YOUR FILE ONLY Kirk McDonald City of New Hope 4401 Xylon Ave N New Hope,MN 55428 Please Read Carefully Finance and Commerce, Inc. is riot responsible for errors or omissions after the First Run Date. If any errors, contact: (P) 612-333-4244 or (F) 612-333-3243. PO #: Order #: 22310850 Placement: Finance and Commerce 407 Construction Bids Construction Bids - MN Schedule: 7/31/2012 817/2012 2 inserts Ad Charge*: 124.95 Addt'l Charges/Disc*: 4.00 Payment Amount: 0.00 AMOUNT DUE: 128,95 ORDER KEYWORDS: Bids for New Hope RE: TH 169 Water Main Improvements QTY OF NEW HOP%MN ADVERTISEMENT FOR BIDS Sealed Bels will be received by the City ofNew Hope, Minnesota, in the City HOII at 4404 1ltiplon Avenue North, until 9 A.M., CDT Wednes- day, Augast 22, 2012, at which time they will be publicly opened and read aloud for the firrmehing of all labor, materials, and all elm neces- sary 6or the fallowing: TH 169 Water Main imarove- menta — City Project No. 908 In general, Work cwnerats of re- placement of approrimately 2 400 lineal ii wt of the seating water main by methods ofdirectional drill- ing or Open cut da og With rriisoella- neous removals/abandonmerae, res- torntion, and correlated appurte- nances. complete digital Bidding Docu- ments are available at www.questedn.com for $20 by iapat- ting (QuatCDN eBiaIDoo malls on the website's Pkat Search page. Paper Bidding Doom - Monte my alio be viewed at the City of New Hope and at Stazdee, 2335 Highway 36 West, St. Paul, MN 55119, (651) 536.4600. Direct inquiries to EnghnWs Project Manager Chris Long at (651) 604.4808. Bid Security in the amount of 6 percent Of the amount of the Bial moat aceompamy each Bid in accord- ance with the rnstractions to Bid dery The Owner reserves the right to retain the deposits of the s lowest Bidders for a period not to exceed 60 daps after the date and time not for the Opening ofBids. No Bids may be withdrawn for a period of 60 days after the date and time set ibr the opening of Bide. The Owner reserves the right to reject any and all Bids, to waive ir- regularities and in&rMenties therein, and further reserves the right to award the Contract to the best interests of the Owner. KIRK MCDONALD, CitpManager City ofNew Hope, Minnesota (Pablished in Finance and Commence July 31, August 7, 2012) 28310650 1 of 1 *Changes to this order may result In pricing changes. other. 31015336/City of New Hope Order: 22310850 Proof Printed: 11:11:27AM on 7130/2012 by Mol1v Maher CITY OF NEW HOPE, D ADVERTISEM IVT FOR. BIDS Sealed Bids will be received by the City ofNew Hope, Minnesota, in the City hall at 4404 Xylon Avenue North, until 9 A.M., CDT, Wednes- day, August 22, 2012, at which time they w:iA be publicly opened and read aloud for the furnishing of all labor, materials, and all else news - s=7 for the following: TH 169 Water Main bio vo- Mggo — City Project No 908 In general, Work consists of re- placement of approximately 2,400 lineal feet of the existing water main by methods ofdirectional drill- ing on open cut, along with miaeel- laneous removaldabandonments, restoration, and correlated appurte- nouces. Complete digital Bidding Docu- mente ' are available at www.questedn.com fon $20 by input- ting Quest= eBidDoc 02181164 on the webeite's Project Search page. Paper Bidding Docu- ments may also be. viewed at the City of New Hope and at Staiotsc, 2385 Highway 36 west, St. Paul, MN 55113, (651) 636-4800. Direct inquiries to Engimer's Project Manager Chris Long at (651) $04-1808. Bid Security in the amount of 5 percent of the amount of the Bid muat 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 Bide may be withdrawn far 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 ofNew Hope, Minnaeota (Published in Finance and Commerce July 31, August 7, 2012) 22310850 Page t of 1 Affidavit of Publication STATE OF MINNESOTA ) (SS. COUNTY OF HINNT-PIN ) Description: Bids for New Hope RE: TH 169 Water Main Improvements Amanda Dorn , being duly sworn on oath say sheltie is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce and has full 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 Satute 331A.02, and 331A.07, and other applicable laws, as amended. (B) She/He further states on oath that the printed Construction Bids - MN 22310850 hereto printed as part as it was printed and published there in the English language; that it was first so published on July 31, 2012 for 2 time(s): the subsequent dates of publications being as follows: 8/7/2012 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: X abcdefghVirlmnopgrstuvwxyz abcdefghijklmnopgrsta—yz Subsdribtll and Sworn to before me this 7th day of August, 2012 e (Notarial Seal)Z7ubIic, Hennepin County, Minnesota � - hl�i�fg� �U�N6��+1il9n�ott3 � GortlrtNs615n axpir�c J1In;E1, p0t6 ; RATE INFORMATION: 1. Lowest classified rate paid by commercial 16.0000 users for comparable space: 2. Maximum rate allowed by law for the above 0.54 matter: 3. Rate actually charged for the above matter: 0.49 www.MinnLocal.com _Q Imu�! i MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.071 and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 2 day of August , 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _ day of 2012; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ab q nopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 2 day of August , 2012. Notary Public + �`� JULIA I. HELKENN +a�,�� NOTARY PUBLC MINNESOTA My Comm. exp. Jan, 31, 2016 City of New Hope (Official Publication) CITY OF NEW HOPE, MN ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota. In the City Hall at 4404 Xylon Avenue North, until 9 A.M., CDT, Wednesday, August 22, 2012, at which time They wits be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: TH 160 Water Main Improvements — City Project No. 908 In general, work consists of replacement of appnxematety 2,400 Wesal feet of the existing water main by methods of direct Ilona! drilling or open out, along with mis- cellaneous removais/abandonments, restoration, and correlated appurte- nances. Complete digital Bidding Documents are avallable at www.questcch com for $20 by inputting QuestCDN e8idDoc #2181184 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stanlec, 2335 Highwayy 36 West, St Paul, MN 55113, (851) 636- 4600, Direct inquiries to Engineer's Project Manager Chris Long at (651) 6044808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instruc- tions 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 setforlhe Opening of Bids. No Bids may be withdrawn for a period of 60 days after the data and time set for the Opening of Bids. The Owner reserves the right to reject arty and all Bids, to waive irregularities and informalities therein, and further re- serves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota (Aug. 2, 2012) P2-Pro]908 COUNCIL I:IRFA\PUBWORKS120121908 T.H. 169 Water Main Approving Plans and Specs.doc Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 23, 2012 Development & Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.4 Resolution approving plans and specifications and ordering advertisement for bids for a Trunk Highway 169 water main replacement project (improvement project 908) Requested Action Staff recommends approval of a resolution approving Trunk Highway 169 water main replacement project plans and'specifications and ordering the advertisement for bids. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The first section of eight -inch water main being recommended for replacement along T.H. 169 runs from 5955 Independence to 62nd Avenue. This section of pipe, buried in the ditch of T.H. 169, has a history of water plain breaks. The water main along this section is currently turned off due to a large leak caused by a hole from corrosion that can only be repaired by replacing a section of pipe. While no property owners are without water, the isolation of this section of water main from the distribution system has closed a loop in the distribution system, causing a drop in water pressure and volume for fire protection in the area. To further improve the water pressure and volume in the Bass Creek Circle neighborhood, staff is recommending that the proposed new water main along T.H. 169 be tied into the dead-end water main in Bass Creek Circle. The second section of water main being considered for replacement runs from Bass Lake Road to 9315 59th Avenue. This pipe is also buried in the ditch of T.H. 169, in the area of the cloverleaf at Bass Lake Road. Motion bySecond by To: I:IRFA\PUBWORKS120121908 T.H. 169 Water Main Approving Plans and Specs.doc Request for Action July 23, 2012 Page 2 Both of these areas have difficult access issues for staff to maintain and make repairs to the water main. Because of these issues and the restricted ability of the city's equipment, most of the repairs along these two sections of water main require assistance from a contractor and incur additional costs. On June 11, 2012, Council authorized preparation of plans and specifications for the proposed Trunk Highway 169 water main replacement project. Benefits of and issues with three different procedures have been reviewed and staff is recommending that all three replacement procedures be bid for comparisons. Because of the location of the project, the T.H. 169 right-of-way ditch, bids will be requested for a standard excavated open trench installation procedure, a boring procedure, and a pipe lining procedure. The open trench procedure's restoration cost in the ditch would be minimal in comparison to water main installation in a street right-of-way. Installing the replacement pipe through a boring process would substantially reduce the number of excavations needed to install the new pipe. Because of financial restraints, if the city proceeds with the project staff is also recommending that the section of eight -inch water main along T.H. 169, between 5955 Independence and 62nd Avenue, be the base bid and that the second section of water main, buried in the ditch of the T.H. 169 and Bass Lake Road cloverleaf, be bid as an alternate. The proposed project schedule is: • Approve plans and specifications and order advertisement for bids on July 23, 2012 • Review bids and award contract on August 27, 2012 • Start construction in September/October 2012 Funding The current preliminary cost estimate, including completing the water main loop to Bass Creek Circle, is $200,000. Funding for the project would come from the city's water fund and/or the Temporary Financing Fund. Attachments A letter from the city engineer and a map of the proposed area of work is attached. I:\RFA\PUBWORKS\2012\908 T.H. 169 Water Main Approving Plans and Specs.doc City of New Hope Resolution No. 2012-116 Resolution approving plans and specifications and ordering advertisement for bids for a Trunk Highway 169 water main replacement project (improvement project 908) WHEREAS, it is proposed to replace the water main along T.H. 169 from 5955 Independence to 62nd Avenue North, and in the area of the T.H. 169 cloverleaf at Bass Lake Road WHEREAS, the City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service; and, WHEREAS, the city engineer has prepared plans and specifications and staff is requesting that the Council approve the plans and authorize staff to advertise for bids on the project. 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 the replacement of water main along TH 169 between 5955 Independence and 62nd Avenue, and between Bass Lake Road and 9315 59th Avenue, in accordance with said specifications. The advertisement shall be published for twenty-one (21) days, shall state that the bids will be opened at 8:30 a.m. CDT on Wednesday, August 22, 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 clerk 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 23rd day of July 2012. Mayor Attest:k OLYU— City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West ,� St. Paul MN 55113 .p> Tel: (651) 636-4600 Fax: (651) 636-1311 July 18, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Trunk Highway 169 Water Main Improvements — Approve Plans and Specifications Client Project No.: 908 Dear Guy: Council authorized preparation of plans and specifications for the Trunk Highway 169 Water Main improvements project at the June 11th meeting. The plans and specifications have been prepared and are ready for review. Approximately 2,400 feet of cast iron pipe is being proposed for replacement. Figure 1 shows the location of two sections of water main being considered for replacement. The south section will be bid as an Alternate due to financial restraints. Due to access constraints, the crossing of Bass Creek, and potential poor soil conditions, three replacement options have been specified for the water main. Replacement options include open trench excavation, directional drill (boring), or lining the existing water main. The total project cost for these improvements, including indirect, is estimated to be $200,000. If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the July 23`d Council meeting. Bids could then be received on August 22w and brought back to Council for review at the August 27th meeting. The work under this contract will be completed in the early fall months. A figure drawing showing the general location of the proposed improvements is enclosed. The complete construction documents are available at City Hall for review. If you have any questions or require further information please call me at (651)804-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Figure 1 Cc: Shawn Markham — New Hope; Mark Hanson, Katie Warner, Jason Petersen — Stantec. ABANDON EX. WATER MAIN WATER MAIN REPLACEMENT BASS CREEK CROSSING (LINING, DRILLING, OR JACKING PIPE) WATER MAIN REPLACEMENT (ALTERNATE) E r - 6141 6133 a 6123 $ 6117 INSTALL NEW HYDRANT X61 A fi010.� � 1 � 6[ ' 3FX64 TfiS�1.5�9,fi4�9%3 1 1 595fi�{I 67 -4-li�374 1j 39,36 57��J, �48 r: I S99g�1 �filfi8 15949' 5948��99fi9�—f7� #'Sg90 33I 911 ��40 5941 , �1�5-190 541 1. 6,34 k24 -A933 i s62a 1. 9220 5801 5800-- i' TI I 158011 it 1 1 ! r 3800 E ,a 5801 010 8731 890L p80L I i 0 20D 400 I Ell— PROPOSED Horizontal Scale %n Feet3621WATER MAIN IMPROVEMENTS'` NEW HOPE FIGURE: 1 TH-169 WATER MAIN IMPROVEMENTS \XU51291-FO1�WORKGROUP\1938\ACTIVE\193801489\CAD\DWG\193801489—FIGI WG 7/17/12 COMM; COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 27, 2012 Planning & Dev. Item No. By. Guy Johnson By: Kirk McDonald, City Manager 8.6 Resolution awarding a contract to Kuechle Underground Inc. for a Trunk Highway 169 water main replacement project (improvement project 908) Requested Action Staff recommends the Council approve a resolution awarding a contract to the low and responsible bidder, Kuechle Underground Inc., in the amount of $217,293.01, for replacement of an existing eight -inch water main along T.H. 169. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or to improve the level of service. Background One section of eight -inch water main being proposed for replacement along T.H. 169 runs from 5955 Independence to 62nd Avenue. This section of pipe, buried in the ditch of T.H. 169, has a history of water main breaks. The water main along this section is currently turned off due to a large leak caused by a hole from corrosion that can only be repaired by replacing a section of pipe. While no property owners are without water, the isolation of this section of water main from the distribution system has closed a loop in the distribution system, causing a drop in water pressure and volume for fire protection in the area. To further improve the water pressure and volume in the Bass Creek Circle neighborhood, staff is recommending that the proposed new water main along T.H.169 be tied into the dead-end water main in Bass Creek Circle. The second section of water main considered for replacement ran from Bass Lake Road to 9315 59th Avenue. This pipe is also buried in the ditch of T.H. 169, in the area of the cloverleaf at Bass Lake Road. Motion by Second by V or To: I:\RFAIPUBWORKS12012\908 T.H.169 Water Main Award Contract.doc Request for Action August 27, 2012 Page 2 On June 11, 2012, Council authorized preparation of plans and specifications for the proposed Trunk Highway 169 water main replacement project. Council approved the plans and specifications, and authorized advertising for bids on July 23, 2012. Benefits of and issues with three different procedures have been reviewed, and staff recommended that all three replacement procedures be bid for comparison. Because of the location of the project, the T.H. 169 right- of-way ditch, bids will be requested for a standard excavated open trench installation procedure, a boring procedure, and a pipe lining procedure. There were three bids submitted, and all three were for the boring procedure. Because of financial restraints, the section of eight -inch water main along T.H. 169, between 5955 Independence and 62nd Avenue is the base bid, and the second section of water main, buried in the ditch of the T.H. 169 and Bass Lake Road cloverleaf, was bid as an alternate. The low bid of Kuechle Underground Inc. was in the amount of $217,293.01 for the base bid and $74,926.00 for the alternate. Staff is recommending that the Council consider awarding only the base bid at this time. Funding The engineer's preliminary cost estimate, including completing the water .main loop to Bass Creek Circle, was $200,000. Quotes were received from three firms, with the low bidder being Kuechle Underground Inc., in the amount of $217,293.01. Funding for the project would come from the city's water fund and/or the temporary financing fund. The city's financial consultants, AEM, are recommending using the temporary financing fund for the proposed project. Attachments The engineer's memorandum, a copy of the bid, and the resolution awarding the contract are attached. L•1RFA\PUBWORKS12012\908 T.H. 169 Water Main Award Contract.doc City of New Hope Resolution No. 12- 12 9 Resolution awarding a contract to Kuechle Underground Inc. for a Trunk Highway 169 water main replacement project (improvement project 908) WHEREAS, the Council approved plans and specifications and ordered bids for the replacement of an existing eight -inch water main along T.H. 169; and, WHEREAS, the city has accepted bids for work described in the plans and specifications, and has identified the lowest responsible and responsive bidder; and, WHEREAS, the city's engineering firm, Stantec Consulting Services Inc., has recommended that Council award the contract to Kuechle Underground Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract in the amount of $217,293.01 for replacement of an existing eight inch water main along T.H. 169 is awarded to Kuechle Underground Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of August 2012. Mayor Attest: City Clerk w ABANDON EX. WATER MAIN WATER MAIN REPLACEMENT BASS CREEK CROSSING (LINING, DRILLING, OR JACKING PIPE) WATER MAIN REPLACEMENT (ALTERNATE) 5931 5923 010.18i8i �1&11-291.1111% -fm -0- .., I- i 922D 58oT-ll 100 8701 1i I ......`.579' ....... .-._ - . • . . .. / i� ,' 5651 6J}- - i I'I I 5625 HWvon ai ScNe to Fsmt •' I5621 PROPOSED WATER MAIN IMPROVEMENTS. NEW HOPE FIGURE: 1 TH-169 WATER MAIN IMPROVEMENTS \\US1291-FO1\WORKGROUP\193B\ACENE\193801489\CAD\DWG\193801489_FIGII WG 7/17/12 COMM: August 22, 2011 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (659) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N New Hope, MN 55428 Re: TH 169 Water Main Improvements Project City Project No. 908 Stantec Project No. 193801489 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on August 22, niz. 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 3 Bids. The following summarizes the results of the Bids received: Low Kuechle Underground, Inc. #2 GM Contracting, Inc. #3 Dave Perkins Contracting, Inc. Total Base aid Alternate Bid $217,293.01 $74,926.00 $229,177.08 $80,148.07 $233,138.00 $79,990.00 The low Bidder on the Project was Kuechle Underground, Inc. with a Total Base Bid Amount of $217,293.01. This compares to the Engineer's Estimate of $200,000.00. 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 Kuechle Underground, Inc. should be awarded the Project on the Total Base Bid Amount of $217,293.01. Due to funding restraints, we recommend not awarding the project with the Alternate Bid at this time. Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. Chris Long, P.E. Enclosure Item Num Item Units Qtv Unit Price Total Unit Price Total Unit Price Total BASE BID - PART A: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - OPEN CUT NO BID NO BID NO Project Name: TH 169 WATER MAIN IMPROVEMENTS I &Yebyc vWMat d* &an exact reprnidir[tbrr af6Kr/s teahxd. Client Project No.: 908 Project No.: 193801489 stafftc Bid Opening: Wednesday, August 22, 2012, at 10 A.M., CDr Owner: Clity of New Hope / Quistup/le," W. Lang 11C nw Na 471016 Bidder No. 1 Bldder Na. 2 Bidder No. 3 BID TABULATION 36 Item Num Item Units Qtv Unit Price Total Unit Price Total Unit Price Total BASE BID - PART A: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - OPEN CUT NO BID NO BID NO 193801489BT Vaskm l.xdsm BT -1 BASE BID - PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - 36 DIRECTIONAL DRILL MOBILIZATION LS 1 $10,000.00 $10,000.00 $12AM.00 $12,000.00 $12,000.00 $12,01 37 TRAFFIC CONTROL LS 1 $11,500.00 $11,500.00 $5,000.00 $5,000.00 $908.00 $90£ 38 CLEAR AND GRUB LS 1 $2,700.00 $2,700.00 $1,500.00 $1,500.00 $3,000.00 $3,00[ 39 DEWATERING LS 1 $0.01 $0.01 $6,500.00 $6,500.00 $5,000.00 $5,00( 40 SALVAGE AND REINSTALL STORM SEWER LF 20 $35.00 $700.00 $32.00 $640.00 $175.00 $3,50( 41 SALVAGE AND REINSTALL FENCE LF 95 $24.00 $2,280.00 $20.50 $1,947.50 $25.00 $2,37 42 TEMPORARY FENCE LF 95 $8.00 $760.00 $5.00 $475.00 $10.00 $951 43 REMOVE BITUMINOUS PAVEMENT SY 570 $7.00 $3,990.00 $4.00 $2,280.00 $5.00 $2,85( 44 REMOVE HYDRANT EA 4 $775.00 $3,100.00 $325.00 $1,300.00 $2,500.00 $10100( 45 REMOVE GATE VALVE EA 5 $74.00 $370.00 $375.00 $1,625.00 $1,500.00 46 REMOVE CONCRETE CURB AND GUTTER LF 205 $5.00 $1,025.00 $3.50 $717.50 $5.00 $1,02-- 1,02!47 47 SALVAGE AND REINSTALL GUARDRAIL LS 1 $3,300.00 $3,300.00 $3,35100 $3,35.2.00 $3,500.00 $3,50( 48 REMOVE WATER MAIN LF 55 $22.00 $1,210.00 $8.53 $469.15 $25.00 $1,37: 49 ABANDON WATER MAIN LF 1530 $7.00 $10,710.00 $3.00 $4,590.00 $8.00 $12,24( 50 SELECT TOPSOIL BORROW (LV)1 CY 10 $37.00 $370.00 $25.00 $250.00 $15.00 $151 51 CONNECT TO EXISTING WATER MAIN F -A 4 $2,200.00 $8,800.00 $2,5W.00 $10,000.00 $5,000.00 $201001 52 10" HDPE WATER MAIN. DIRECTIONALLY DRILLED LF 1510 $72.00 $108,770.00 $80.00 $120,800.00 $54.00 $81,5M 53 6" DIP WATER MAIN LF 45 $59.00 $2,655.00 $47.25 $2,126.25 $95.00 $4,27: 54 IMPROVED PIPE FOUNDATION LF 45 $3.00 $135.00 $4.40 $198.00 $5.00 $22! 55 DUCTILE IRON FITTINGS LB 1760 $3.00 $5,280.00 $4.55 $8,008.00 $5.00 $8,801 56 HYDRANT EA 2 $3,200.00 $6,400.00 $3,77151 $7,545.02 $5,000.00 $10,001 57 8" GATE VALVE EA 2 $1,600.00 $3,200.00 $2,426.23 $4,852.46 $2,300.00 $001 58 6" GATE VALVE EA 2 $1,100.00 $2,200.00 $1,986.95 $3,973.90 $1,950.00 $3,901 59 RECONNECT WATER SERVICE EA 1 $1,200.00 $1,200.00 $1,911.57 $1,911.57 $1,500.00 $1,501 60 CONCRETE CURE AND GUTTER LF 205 $23.00 $4,715.00 $25.79 $5,286.95 $35.00 $7,17 61 AGGREGATE BASE CLASS 5 TN 320 $21.00 $6,720.00 $22.19 $7,100.80 $25.00 $8,001 62 TYPE SP 9.5 WEARING COURSE MIXTURE (2.13) TN 120 $97,00 $11,640.00 $98.00 $11,760.00 $110.00 $13,201 63 SAWCUT BITUMINOUS PAVEMENT LF 250 $3.00 $750.00 $3.35 $837.50 $3.00 $751 64 SILT FENCE, TYPE MACHINE SLICED LF 100 $5.00 $500.00 $4.D9 $409.00 $3.00 $30 65 INLET PROTECTION EA 1 $153.00 $153.00 $1SIA3 $157.83 $350.00 $351 66 SEEDING SY 300 $1.00 $300.00 $2.00 $600.00 $1.00 $302 67 SOD SY 50 $9.00 $450.00 $6.71 $335.50 $10.00 $5O 68 MULCH MATERIAL TYPE 1 TN 0.1 $5,600.00 $560.00 $1031.50 $103.15 $1,500.00 $151 69 EROSION CONTROL BLANKETS CATEGORY 3 SY 300 $3.00 900.00 $1.75 $525.00 $4.00 $1,20 TOTAL BASE BID PART B: $217,293.01 $229,177.08 $233,13 ALTERNATE NO. 1- PART A: BA55 LAKE ROAD TO INDEPENDENCE AVENUE - OPEN CUT NO BIO NO BID NO 193801489BT Vaskm l.xdsm BT -1 BID TABULATION Item Total Unit Price Total Num Item Units $2,100.00 $3,250.00 ALTERNATE NO. 1, PART B: $1,200.00 $1,200.00 $2,000.00 BASS LAKE ROAD TO INDEPENDENCE AVENUE - $2)000.00 $2,000.00 $1,500.00 DIRECTIONAL DRILL $1.00 $1.00 97 TRAFFIC CONTROL LS 1 98 CLEAR AND GRUB LS 1 99 DEWATERING LS 1 100 SALVAGE AND REINSTALL STORM SEWER LF 20 101 SALVAGE AND RF.INSTAL.L FENCE LF 60 102 TEMPORARYFENCE LF 60 103 REMOVE BITUMINOUS PAVEMENT SY 20 104 REMOVE HYDRANT EA 1 105 REMOVE GATE VALVE EA 1 105 REMOVE CONCRETE CURB AND GUTTER LF 30 107 SALVAGE AND REINSTALL GUARDRAIL LS 1 108 ABANDON WATER MAIN LF 544 109 SELECT TOPSOIL BORROW (LV) CY 140 110 CONNECT TO EXISTING WATER MAIN EA 2 111 10" HDPE WATER MAIN, DIRECTIONALLY DRILLED LF 540 112 DUCTILE IRON FITTINGS LB 320 113 8" GATE VALVE EA 2 114 CONCRETE CURB AND GUTTER LF 30 115 AGGREGATE BASE CLASS 5 TN 20 116 TYPE SP 9.5 WEARING COURSE MIXTURE(2.0) TN 10 117 SAW CUT BITUMINOUS PAVEMENT LF 30 118 SILT FENCE, TYPE MACHINE SLICED LF 80 119 INLET PROTECTION EA 2 120 SEEDING SY 200 121 MULCH MATERIAL. TYPE_ 1 TN 0.1 122 EROSION CONTROL BLANKETS CATEGORY 3 SY 200 220 TOTAL ALTERNATE NO. 1, PART B: 5 $150.00 TOTAL BASE BID PART A: I TOTAL BASE BID PART B: TOTAL BASE BID PARTS A & Br TOTAL ALTERNATE NO. 1 PART A: TOTAL ALTERNATE NO. 1 PART B: TOTAL ALTERNATE NO.1 PARTS A & B: Contractor Name and Address: Phone: Fal Signed BY: Title: Bid Security: Addenda Acknowledged Bidder No. 1 Bidder No. 2 Bidder No. 3 Unit Price Total Unit Price Total Unit Price Total $2,100.00 $2,100.00 $3,250.00 $3,250.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00 $2)000.00 $2,000.00 $1,500.00 $1,500.00 $1.00 $1.00 $500.00 $500.00 $500.00 $500.00 $35.00 $700.00 $32.00 $640.00 $100.00 $2,000.00 $32.00 $1,920.00 $2050 $1,2.30.00 $25.00 $1,500.00 $8.00 $480.00 $5.00 $300.00 $10.00 $600.00 $7.00 $140.00 $4.00 $80.00 $10.00 $700.00 $885.00 $885.00 $325.00 $325.00 $2,500.00 $2,500.00 $74.00 $74.00 $325.00 $325.00 $1,500.00 $1,500.00 $8.00 $240.00 $3.25 $97.50 $10.00 $300.00 $2,400.00 $2,400.00 $2,424.00 $2,424.00 $3,500.00 $3,500.00 $900 $4,860.00 $3.00 $1,620.00 $8.00 $4,320.00 $34.00 $4,760.00 $25.00 $3,500.00 $15.00 $2,100.00 $2,500.00 $5,000.00 $4,500.00 $9,000.00 $4,500,00 $9,000.00 $72.00 $38,880.00 $80.00 $43,200.00 $68.00 $36,720.00 $4.00 $1,280.00 $4.55 $1,456.00 $5.00 $1,600.00 $1,600.00 $3,200.00 $2,426.23 $4,852.46 $2,300.00 $4,600.00 $36.00 $1,080.00 $30.95 $928.50 $35.00 $1,050.00 $29.00 $560.00 $31.87 $637.40 $25.00 $500.00 213 $2,130.00 216.63 $2,166.30 220 $2,200.00 5 $150.00 3.36 $100.80 5 $150.00 5 $400.00 4.08 $326.40 5 $40000 153 $306.00 157.78 $315.56 350 $700.00 1 $200.00 2 $400.00 1 $200.00 $5,600.00 $560.00 $1,031.50 $103.15 $1,500.00 $150.00 $3.00 $60D.00 $1.85 70.00 $5.00 $1,000.00 $74,926.00 $80,148.07 $79,990.00 $0.00 $0.00 $OAC $217,293.01 $229,177.08 t233.138.00 $217,293.01 $229,177.08 $233,138.00 $0.00 $0.00 $0.00 74 926.00 $80,148.07 $79,990.00 $74,925.00 $80,148.07 $79,990.00 Kuedde Underground, Inc. GM Contracting, Inc. Dave Perkins Contracting, Inc. 10998 State Hwy 55 19810 515th Avenue 7060143rd Ave, NW, Ste. 100 Kimball, MN 55353 Lake Crystal, MN 56055 Ramsey, MN 55303-6014 320-398-8888 507-726{6433 763-427.0109 320-398-8889 507-726.6399 763427-3806 Jerome E. Kuechle Sue Haraur Dave Perkins President President Bid Bond Bid Bond 763427-0109 A, B, C A, 13, C 763427-3806 193801489BT Vasim 2,bsm BT -2 -- Stantec August 29, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4604 Fax: (651) 636-1311 Mr. Jerome Kuechle Kuechle Underground, Inc. 10998 State Hwy 55 Kimball, MN 55353 Re: City of New Hope, Minnesota TH 169 Watermain Improvements Project City Project No. 908 Stantec Project No. 193801489 Notice of Award/Contract Documents Dear Mr. Kuechle: You are notified that your Bid dated August 22, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $217,293.01 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 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, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1999 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Kuechle Underground, Inc. (1- your file, 1 your bond company) 1 copy City of New Hope, Attention. 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. Chris Long, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney GORDON L. JENSEN' IVIELANIE P. PERSELLIN'-' STEVEN A.SoNDRALL STACY A. WOODS' 'Rea: Property Law Specialist Certified By The Minnesota State Bar Association 'Licersed in Illinois/Colorado 'Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law c@jspatterneys.com September 24, 2012 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, INN 55428 Re: 2012 TH 169 Water Mmn Improvements City Project NO.: 908 Our File NO.: 99.10030 Dear Val: Writer's Direct Dial No.: (763) 201-0211 e-mail sasgspattorneys.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 Kuechle Underground, Inc. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steve A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Chris Long, City Engineer P: IA::arney\SAS1l Client FilesU City of New Hope199-10030 C. ublic Works general)1Leone ttr 169 Water Train project 909.doe September 26, 2012 Mr. Jerome Kuechle Kuechle Underground, Inc. 10998 State Hwy. 55 Kimball, MIN 55353 SUBJECT: TH 169 watermain improvements — project 908 At its meeting of August 27, 2012, the New Hope City Council approved the contract with your company for project no. 908 for $217,293.01. 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 651-604-4938 if you have any questions regarding the project. Sincerely, PcAe"Lp- Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Chris 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 CONTRACT DOCUMENTS F� L ject Manua! For TH 169 Water Iain Improvements New Hope, Minnesota City Project No. 908 3uly 2012 CONTRACTPro;et No. 193801"9 DOCUMENTS DOCUMENT 00 91 13 ADDENDUM C TH 169 WATER MAIN IMPROVEMENTS CITY PROJECT NO. 908 STANTEC PROJECT NO. 193801489 NEW HOPE, MINNESOTA AUGUST 21, 2012 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. cQ 2012 Stantec l 193801489 ADDENDUM C 009113-1 DOCUMENT 00 41 10R — REVISED BID FORM 1. Strike Item B OF Section 7.01, No Non -Collusion Affidavit Is required. LIST OF ATTACHMENTS None END OF DOCUMENT ADDENDUM C © 2012 Stantec 1193801489 009113-2 DOCUMENT 00 91 13 ADDENDUM B TH 169 WATER MAIN IMPROVEMENTS CITY PROJECT NO. 908 STANTEC PROJECT NO. 193801489 NEW HOPE, MINNESOTA AUGUST 17, 2012 Number of Pages:` _, (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 -- Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. © 2412 Stantec 1 193801489 ADDENDUM B 009113-1 DOCUMENT 00 41 1OR — REVISED BID FORM 1. Alternate No. 1, Bid Item No. 94: A. Change unit measure from AC (acres) to SY (Square Yards). LIST OF ATTACHMENTS None END OF DOCUMENT © 2012 5tantec 1193801489 ADDENDUM 009113- 2 009112 DOCUMENT 00 91 13 ADDENDUM A TH 169 WATER MAIN IMPROVEMENTS PROJECT NO. 193801489 NEW HOPE, MINNESOTA AUGUST 9, 2012 Number of Pages: 13 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive It. Company Name C 2012 Stantec 1193801489 Dabe ADDENDUM A 00 91 13 -1 DOCUMENT 00 4110 — BID FORM 1. Delete this Document in its entirety and add the attached Document. The following revisions were made to the Bid Form: A. Original Bid Item No. 52 — Revised bid item by adding "OR 8" PVC" to the item description. B. Original Bid Item No. 111 — Revised bid item by adding "ORB" PVC" to the item description. SECTION 33 05 23.13— UTILITY HORIZONTAL DIRECTIONAL DRILLING 1. Page 33 05 23.13 — 1, Paragraph 1.02.A.1 PRICE AND PAYMENT PROCEDURES. Replace the paragraph in its entirety with the following. I. Bid Items have been provided for Water Main, Directional Drilled with measurement based on units of lineal feet. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered compensation for all Work and costs to furnish and install material in place including drilling pits, all transition fittings, drilling fluid, joining pipe, and tracer wire. Contractor has the option to install PVC or HDPE when directional drilling. If portions of pipe are open cut, they shall be paid for under this bid item for Part B, with the exception of hydrant leads which will be paid for by the 6" DIP Water Main Bid Item. 2. Page 33 05 23.13 —1, Paragraph 1.03. Add the following references. 1. AWWA C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, for Water Transmission and Distribution. 2. ASTM D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. ASTM D2152 — Standard Test Method of Adequacy of Fusion of Extruded Poly (Vinyl Chloride) (PVC) Pipe and Molded Fittings by Acetone Immersion. 3. Page 33 05 23.13 — 2, Paragraph 2.01. Add the following after Item B. C. PVC Pipe and Fittings 1. General: Pipe shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of AWWA C900 (4 inches to 12 inches diameter pipe). 2. Fusible PVC Pipe: 8 -Inch PVC C900 DR 18, DIPS. 3. Marking: Conform to AWWA C900 and C905. 4. Page 33 05 23.13 — 3, Paragraph 2.05. Add the following after Item A. B. The fusion technician shall be qualified by the pipe supplier to install the fusible PVC. 5. Page 33 05 23.13 — 6, Paragraph 3.02. Add the following after Item H. I. PVC Pipe Joining Method 1. Joining method shall be per the pipe manufacturer's recommendations LIST OF ATTACHMENTS 1. DOCUMENT 00 4110 — REVISED BID FORM. END OF DOCUMENT Q 2012 Stantec 1 193801489 ADDENDUM A 009113-2 THIS BID IS SUBMrrrED TO: City of New Hope City Hall 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 Uwner In the form included in the Bidding Documents to perform all Work as specked or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other tennis 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 dlsposrdon of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer peilod of time that Bidder may agree to In writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: 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. 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 conceming 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, Investlgatlons, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prlce(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. ® 2012 Stantec 11936x1469 REVISED BY ADDENDUM NO. A 00 4110 - 1(R) REVISED BID FORM BIDDER: !up _ Shudec DOCUMENT 00 4110 REVISED BID FORM REVISED BY ADDENDUM NO. A TH 169 WATER MAIN IMPROVEMENTS STANTEC PROJECT NO. 193801489 CITY PROJECT NO. 908 NEW HOPE, MINNESOTA 2012 THIS BID IS SUBMrrrED TO: City of New Hope City Hall 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 Uwner In the form included in the Bidding Documents to perform all Work as specked or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other tennis 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 dlsposrdon of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer peilod of time that Bidder may agree to In writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: 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. 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 conceming 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, Investlgatlons, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prlce(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. ® 2012 Stantec 11936x1469 REVISED BY ADDENDUM NO. A 00 4110 - 1(R) REVISED BID FORM H. Bidder has correlated the information known to Bidder, Information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, bests, 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 try 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: The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bld for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be Intentionally false and made with actual malice. Nothing in this paragraph is Intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Condltions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. ® 2012 Stantec 1193801489 REVISED BY ADDENDUM NO. A 00 4110 - 2 (R) REVISED BID FORM No. item Units Qty Unit Price Total Price MOE BID, PART A: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE -OPEN CUT MOBILIZATION LS 1 $ $ 2 TRAFFIC CONTROL LS 1 $ $ 3 CLEAR AND GRUB LS 1 $ $ 4 DEWATERING LS 1 $ $ 5 SALVAGE AND REINSTALL STORM SEWER LF 20$ $ 5 SALVAGE AND REINSTALL FENCE LF 95$ $ 7 TEMPORARY FENCE LF 95$ $ 8 REMOVE BITUMINOUS PAVEMENT SY 570$ $ 9 REMOVE HYDRANT EA 4 $ $ 10 REMOVE GATE VALVE EA 5$ $ 11 REMOVE CONCRETE CURB AND GUTTER LF 205$ $ 12 SALVAGE AND REINSTALL GUARDRAIL LS 1$ $ 13 REMOVE WATER MAIN LF 1330$ $ 14 ABANDON WATER MAIN LF 350$ $ 15 SELECT TOPSOIL BORROW (LV) Cy 370$ $ 16 8" DIP WATER MAIN LF 1330$ $ 17 6" DIP WATER MAIN LF 45$ $ 18 8" WATER MAIN, JACKED LF 180$ $ 19 IMPROVED PIPE FOUNDATION LF 1375$ $ 20 CONNECT TO EXISTING WATER MAIN EA 4 $ $ 21 DUCTILE IRON FITTINGS LB 1760$ $ 22 HYDRANT EA 2 $ $ 23 8" GATE VALVE EA 2 $ $ 24 6" GATE VALVE EA 2 $ $ C 2012 Stanbec 1193801999 REVISED BY ADDENDUM N0. A 00 4110 - 3 (R) REVISED BID FORM No. IEem Units Qty Unit Price Trstal Price CIRCLE - DIRECTIONAL DRILL 25 RECONNECT WATER SERVICE EA 1 $ $ 37 26 CONCRETE CURB AND GUTTER LF 205$ 38 27 AGGREGATE BASE CLASS 5 TN 320$ 39 28 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TN 120 ,. 40 29 SAWCUT BITUMINOUS PAVEMENT LF 250 41 30 SILT FENCE, TYPE MACHINE SLICED LF 1350$ 42 31 INLET PROTECTION EA 1 $ $ REMOVE BITUMINOUS PAVEMENT 32 SOD SY 50$ $ EA 33 SEEDING SY 2960$ $ 5$ 34 MULCH MATERIAL TYPE 1 TN 0.6$ $ $ _ 35 EROSION CONTROL BLANKETS CATEGORY 3 SY 1480 5 $ TOTAL BASE BID PART A: $ INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - OPEN CUT 0 2012 Stantec 1193801489 REVISED BY ADDENDUM NO. A 00 4110 - 4 (R) REVISED BID FORM PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - DIRECTIONAL DRILL 36 MOBILIZATION LS 1 $ $ _ 37 TRAFFIC CONTROL LS 1 $ $ _ 38 CLEAR AND GRUB LS 1 $ $ _ 39 DEWATERING LS 1 $ $_ 40 SALVAGE AND REINSTALL STORM SEWER LF 20$ $ _ 41 SALVAGE AND REINSTALL FENCE LF 95$ 42 TEMPORARY FENCE LF 95$ $ 43 REMOVE BITUMINOUS PAVEMENT SY 5703 $ _ 44 REMOVE HYDRANT EA 4$ 45 REMOVE GATE VALVE EA 5$ $ _ 46 REMOVE CONCRETE CURB AND GUTTER LF 205$ $ _ 47 SALVAGE AND REINSTALL GUARDRAIL LS $ $ _ 0 2012 Stantec 1193801489 REVISED BY ADDENDUM NO. A 00 4110 - 4 (R) REVISED BID FORM No. Item Units QY Unit Price Total Price 48 REMOVE WATER MAIN LF 56,-, 49 ABANDON WATER MAIN LF 1530 S $ 50 SELECT TOPSOIL BORROW (LV) CY 10S S 51 CONNECT TO EXISTING WATER MAIN EA 4 $ 52 10" HDPE WATER MAIN OR 8" PVC, DIRECTIONALLY LF 1510$ $ DRILLED 53 6" DIP WATER MAIN LF 54 IMPROVED PIPE FOUNDATION LF 55 DUCTILE IRON FITTINGS LB 1760$ 56 HYDRANT EA 2 � $ 57 8" GATE VALVE EA 2$ $ 58 6" GATE VALVE EA 2$ $ 59 RECONNECT WATER SERVICE EA 1$ $ 60 CONCRETE CURB AND GUTTER LF 205 $ $ 61 AGGREGATE BASE CLASS 5 TN 320$ $ 62 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 120$ $- _63 63 SAWCUT BITUMINOUS PAVEMENT LF 250 53. $ 64 SILT FENCE, TYPE MACHINE SLICED LF 100 ? $ 85 INLET PROTECTION EA 1 $ ,.. $ 66 SEEDING SY 300$ $ 67 SOD SY 50$ $ 68 MULCH MATERIAL TYPE 1 TN 0.1 69 EROSION CONTROL BLANKETS CATEGORY 3 SY 300$ $ TOTAL BASE BID PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - DIRECTIONAL DRILL ALTERNATE NO. 1: PART A. BASS LAKE ROAD TO INDEPENDENCE AVENUE - OPEN CUT 70 TRAFFIC CONTROL LS 1 $ $ Q 2012 Starrtec 1193801409 REVISED 8Y ADDENDUM NO. A 00 4110 - 5 (R) REVISED 61D FORM No. item Units Qty Unit Price Total Price LF 540$ $ 93 INLET PROTECTION EA 71 CLEAR AND GRUB LS t $ $ $ 72 DEWATERING LS $ $ 73 SALVAGE AND REINSTALL STORM SEWER LF 20$ $ 74 SALVAGE AND REINSTALL FENCE LF 60$ $ 75 TEMPORARY FENCE LF 60$ $ 76 REMOVE BITUMINOUS PAVEMENT SY 20$ $ 77 REMOVE HYDRANT EA 1$ $ 78 REMOVE GATE VALVE EA 1$ $ 79 REMOVE CONCRETE CURB AND GUTTER LF 30$ $ 80 SALVAGE AND REINSTALL GUARDRAIL LS 1$ $ 81 REMOVE WATER MAIN LF 540$ $ 82 SELECT TOPSOIL BORROW (LV) CY 140$ $ 83 CONNECT TO EXISTING WATER MAIN EA 2$ $ 84 8" DIP WATER MAIN LF 540$ $ 85 IMPROVED PIPE FOUNDATION LF 540 $ $ 86 DUCTILE IRON FITTINGS LB 320$ $ 87 8" GATE VALVE EA 2$ $ 88 CONCRETE CURB AND GUTTER LF 30$ $ 89 AGGREGATE BASE CLASS 5 TN 20$ $ 90 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TN 10$ $ 91 SAW CUT BITUMINOUS PAVEMENT LF 30$ $ 92 SILT FENCE, TYPE MACHINE SLICED LF 540$ $ 93 INLET PROTECTION EA 2$ $ 94 SEEDING AC 1200$ $ 95 MULCH MATERIAL TYPE 1 TN 0.4 $_ , 96 EROSION CONTROL BLANKETS CATEGORY 3 SY 1200$ C 2012 Stantac 1193801489 REVISED BY ADDENDUM NO. A 00 4110 - 6 (R) REVISED BID FORM No. Item Units Qty Unit Price Total Price TOTAL ALTERNATE NO. L PART A: BASS LAKE ROAD $ TO INDEPENDENCE AVENUE - OPEN CUT PART B: BASS LAKE ROAD TO INDEPENDENCE AVENUE - DIRECTIONAL DRILL 97 TRAFFIC CONTROL LS $ $ 98 CLEAR AND GRUB LS $ $ 99 DEWATERING LS $ $ 100 SALVAGE AND REINSTALL STORM SEWER LF 20$ $ 101 SALVAGE AND REINSTALL FENCE LF 60 $ 102 TEMPORARY FENCE LF 60$ $ 103 REMOVE BITUMINOUS PAVEMENT SY. 20$ $ 104 REMOVE HYDRANT EA $ $ 105 REMOVE GATE VALVE EA $ $ 106 REMOVE CONCRETE CURB AND GUTTER LF 30$ $ 107 SALVAGE AND REINSTALL GUARDRAIL LS 1 $ — $ 108 ABANDON WATER MAIN LF 540$ $ 109 SELECT TOPSOIL BORROW (LV) Cy 140$ $ 110 CONNECT TO EXISTING WATER MAIN EA 2$ $ 111 10" HDPE WATER MAIN OR 8" PVC, DIRECTIONALLY LF 540$ $ DRILLED 112 DUCTILE IRON FITTINGS LB 320$ $ 113 W GATE VALVE EA 2$ $ 114 CONCRETE CURB AND GUTTER LF 30$ $ 115 AGGREGATE BASE CLASS 5 TN 20$ $ 116 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TN 10 $ $ 117 SAW CUT BITUMINOUS PAVEMENT LF 30$ $ 118 SILT FENCE, TYPE MACHINE SLICED LF 80$ $ 119 INLET PROTECTION EA 2$ $ 0 2012 Stantec 1193801489 REVISED BYADDENDIA4 NO. A 00 4110 - 7 (R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 120 SEEDING SY 200$ $ 121 MULCH MATERIAL TYPE 1 TN 0.1 $ $ 122 EROSION CONTROL BLANKETS CATEGORY 3 SY 200$ $ TOTAL ALTERNATE NO. 1 PART B. BASS LAKE ROAD TO INDEPENDENCE $ AVENUE - DIRECTIONAL DRILL SUMMARY; TOTAL BASE BID PART A: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - OPEN CUT $ TOTAL BASE BID PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - DIRECTIONAL DRILL TOTAL ALTERNATE NO. 1 PART A: BASS LAKE ROAD TO INDEPENDENCE AVENUE - OPEN CUT $ TOTAL ALTERNATE NO.1 PART B: BASS LAKE ROAD TO INDEPENDENCE AVENUE - $ DIRECTIONAL DRILL TOTAL BASE BID AND ALTERNAT NO. 1 $ (9) 2012 Stantec 1193801489 REVISED BY ADDENDUM NO. A 00 4110 - 8 {R} REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for final Payment In accordance with Paragraph 14.07.13 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. REVISED BID FORM REVISED BY ADDENDUM NO. A 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. B. Non -collusion Affidavit 8.01 The teens 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 SUBIY17TED ori Name (typed or printed): By: (individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) 0 2012 S ntec 1193801489 REVISED BY ADDENDUM No. A 00 4110 - 9 (R) REVISED BID FORM A Partnership A Corooration Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Vs): Phone No.: Fax No.: Corporation Name: State of incorporation: Type (General Business, Professional, Service, Umlted Uabillty): By: (Signature) Name (typed or printed): Title: Attest (Signature of Corporate Secretary) Business Street Address (No P.O. Box Vs): Phone No.: Fax No.: (CORPORATE SEAL) 0 2012 Stam 1 193601489 REVISED BY ADDENDUM NO. A 00 4110 - 10 (R) REVISED BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Tide: Business address: Phone No.: Joint Venturer Name: By: Name (typed or printed): Title: Business Street Address (No P.O. Box Ws): (Sig:re of joint veature partner) Fax No.: . 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 Q 2012 Stan tec 1193801489 REVISED BY ADDENDUM NO. A CO 4110 - 11(R) REVISED BID FORM 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. a4041W. Christopher W. Long Date: July 23, 2012 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2012 Starrtec 193801489 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 31 00 Available Project Information 00 41 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 00 61 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EICDC C-700 Standard General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01- General Requirements 01 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 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 70 00 Execution Requirements Division 2 — Existing Conditions 0241 13 Selective Site Demolition Division 3 to 19 - Not Used FACILITY SERVICES SUBGROUP Division 20-29 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 — Not Used Division 31- Earthwork 31 1000 Site Clearing TABLE OF CONTENTS © 2012 Stantiec 1 193801489 000110-1 Division 32 — Exterior Improvements 32 1123 Aggregate Base Course 32 12 01 Flexible Paving (Municipal Projects) 32 16 13 Concrete Curbs and Gutters 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 33 05 23.13 Utility Horizontal Directional Drilling 33 05 23.16 Utility Pipe Jacking 33 1000 Water Utilities 33 1212 Water Services Division 34 to 39 - Not Used PROCESS EQUIPMENT SUBGROUP Division 40 to 49 — Not Used END OF SECTION TABLE OF CONTENTS © 2012 Stantec 1193801489 000110-2 SECTION DO 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4404 Xylon Avenue North, until 9 A.M., CDT, Wednesday, August 22, 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: TH 169 Water Main Im—p-rorrements — City Project No. 908 In general, Work consists of replacement of approximately 2,400 lineal teet of the existing water main by methods of directional drilling or open cut, along with miscellaneous removals/abandonments, restoration, and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting OuestCDN eBidDoc #2181164 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at 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 ADVERTISEMENT FOR BIDS © 2012 Stantec 1193801489 0011 13-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings Indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated In the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questodn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN 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 Stantec Plan Room. 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: INSTRUCTIONS TO BIDDERS 0 2012 Stantec 1 193801489 002113-1 A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193801489 002113-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. © 2012 Stantec 1193801489 INSTRUCTIONS TO BIDDERS 002113-3 4.08 The submission of a Bid will constitute an incontrovertible representation by biader that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents -and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Uocuments are to ne sunmitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, Correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. 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. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193801489 0021 13-4 ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Hate 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 The Bidder shall choose installation method option under Part A or Part B and fully complete the Bid Form for the Base Bid and Alternate for the option chosen. 13.03 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 all the items for the INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193801489 002113-5 chosen option, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.04 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. 13.05 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.06 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. 13.07 A Bid by an individual shall show the Bidder's name and official address. 13.08 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. 13.09 All names shall be printed in ink below the signatures. 13.10 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.11 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.12 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Nrice basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193801489 0021 13-6 D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.6 of the General Conditions. 14.03 Completion Time Comparisons A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above. 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. 15.027'he Bid shall include the entire Document 00 4110, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be. executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. INSTRUCTIONS TO BIDDERS © 2012 5tantec 1 193801489 002113-7 ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21- SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193801489 002113-8 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: Kuedft urdergvjrx%ba Pa X Stift 55 Hwy KIlmbA MN W= DOCUMENT 00 4110 REVISED BID FORM REVISED BY ADDENDUM NO. A TH 169 WATER MAIN IMPROVEMENTS SfANTEC PROJECT NO. 193801489 CITY PRO]ECT NO. 908 NEW HOPE, MINNESOTA 2012 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 terns 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: Bidder has examined and carefully studied the Bidding Documents, the other related data Identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date J017 2— A S - �7- '201--L- CL 2/_ 2W -A-- F., 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 cast, progress, and performance of the Work. D. Bidder has carefully studied all: (1) report; of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified In SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which reiate 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. ® 2012 Stantec 1 193001489 REVISED BY ADDENDUM NO. A 00 4110 - 1(R) REVISED BID FORM H. Bidder has correlated the Information known to Bidder, Information and observations obtained from visits to the Site, reports and drawings Identified In the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer wrmen notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered In the Bidding Documents, and the written resolution thereof by Engineer is acceptabie to Bidder. 3' The BiddingDocuments are generally sufficient to indicate and co g h• Huey understanding of all terms and conditions far 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 bo 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 dear and convincing evidence to be intentionally false and made with actual malice. Nothing In this paragraph Is Intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Conditions Bidder admowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for aff Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 0 2012 Stantec 1 193801489 REVISED BY ADDENDUM No. A 00 41 10 - 2 (R) REVISED BID FORM Ln item Units Qty Unit Price Total Price BASE BID: PART A: INDEPENDENCE AVENUE TO BASS CREEK 1 CIRCLE -OPEN CUT MOBILIZATION LS }� 1$ Q B i P $ 2 TRAFFIC CONTROL LS 1 $ $ 3 CLEAR AND GRUB LS 1 $ $ 4 DEWATERING LS 1 $ $ 5 SALVAGE AND REINSTALL STORM SEWER LF 20$ $ 6 SALVAGE AND REINSTALL FENCE LF 95$ $ 7 TEMPORARY FENCE LF 95$ $ 8 REMOVE BITUMINOUS PAVEMENT SY 570$ $ 9 REMOVE HYDRANT EA 4$ $ 10 REMOVE GATE VALVE EA 5$ $ 11 REMOVE CONCRETE CURB AND GUTTER LF 205S $ 12 SALVAGE AND REINSTALL GUARDRAIL LS 1$ $ 13 REMOVE WATER MAIN LF 1330.5 $ 14 ABANDON WATER MAIN LF 350$ $ 15 SELECT TOPSOIL BORROW (LV) CY 3703 $ 18 8" DIP WATER MAIN LF 1330$ $ 17 6" DIP WATER MAIN LF 45$ $ 18 8" WATER MAIN, JACKED LF 180$ $ 19 IMPROVED PIPE FOUNDATION LF 1375$ $ 20 CONNECT TO EXISTING WATER MAIN EA 4$ $ 21 DUCTILE IRON FITTINGS LB 1760$ $ 22 HYDRANT EA 2$ 23 8" GATE VALVE EA 2$ $ 24 6" GATE VALVE EA 2$ C 7012 9lantec 1 193901489 REVISED BY ADDENDUM NO. A OD 4110 - 3 (R) REVISED BID FORM No. Item Units Qty Unit Price Total Price CIRCLE - DIRECTIONAL DRILL 25 RECONNECT WATER SERVICE EA 1 $ $ 26 CONCRETE CURB AND GUTTER LF 205$ $ 27 AGGREGATE BASE CLASS 5 TN 320$ $ 28 TYPE SP 9.5 WEARING COURSE MIXTURE(2,S) TN 120$ $ 29 SAWCUT BITUMINOUS PAVEMENT LF 250$ $ 30 SILT FENCE, TYPE MACHINE SLICED LF 1350$ $ 31 INLET PROTECTION EA 1 $ $ 32 SOD SY 60$ $ 33 SEEDING SY 2960$ $ 34 MULCH MATERIAL TYPE 1 TN 0.6 $ $ 35 EROSION CONTROL BLANKETS CATEGORY 3 SY 1480 $ $ 46 TOTAL BASE BID PART A: LF 205$ $ 47 INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - OPEN CUT LS = $ 33ad r PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - DIRECTIONAL DRILL 36 MOBILIZATION LS ) 4 � $ �1'- 37 TRAFFIC CONTROL LS 1 ;_SdO 38 CLEAR AND GRUB LS 1 $ Z%6O ` $ 27Od " 39 DEWATERING LS 1 $ _ �.Q $ O!J 40 SALVAGE AND REINSTALL STORM SEWER LF 20$ S ' $ 41 SALVAGE AND REINSTALL FENCE LF 95$ $ 42 TEMPORARY FENCE LF 95$ $ - 43 REMOVE BITUMINOUS PAVEMENT SY 670$ �_ °7Ld $ .3 q qo " 44 REMOVE HYDRANT EA 4$ $ 4D 45 REMOVE GATE VALVE EA S$ %q ^ $ 3�O J - J� I D X5 - 46 REMOVE CONCRETE CURB AND GUTTER LF 205$ $ 47 SALVAGE AND REINSTALL GUARDRAIL LS = $ 33ad r $ 13" ® 2012 Stantm 11938014@9 REVISED BY ADDENDUM NO. A 00 4110 - 4 (R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 48 REMOVE WATER MAIN LF 55$ 11-- $ 1.[ Q — 49 ABANDON WATER MAIN LF 1530$ 7— $j?. �% Y '� -7 - 3 ?6 50 SELECT TOPSOIL BORROW (LV) CY 10$ $ 51 CONNECT TO EXISTING WATER MAIN EA 4$ .� ' $ f fr#o - 52 10" HDPE WATER MAIN OR 8" PVC, DIRECTIONALLY LF 151(1$ �a- - $ R(i DRILLED 53 6" DIP WATER MAIN LF 46$ $ 54 IMPROVED PIPE FOUNDATION LF 45$ 3 .- $ 3 s DUCTILE IRON FITTINGS LB 1780$ 55 $ 56 HYDRANT EA 2$ 3 loo - $ 57 8" GATE VALVE FA 2$ io0 - $ }t+1C1r 58 8" GATE VALVE EA 2$ 11 m - $ 59 RECONNECT WATER SERVICE EA 1$ 140 $ I � 60 CONCRETE CURB AND GUTTER LF 205$ Z 3 $ L S 51 AGGREGATE BASE CLASS 5 TN 320S I ` $ 7d lip6 qD 62 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 120$ $ 63 SAWCUT BITUMINOUS PAVEMENT LF 250$ $ 7 56r — 64 SILT FENCE, TYPE MACHINE SLICED LF 100$ ? $ SQQ� 65 INLET PROTECTION EA 1$ r S3 " $ 153- 5366 66 SEEDING SY 300 $ ' $ 3,00- d467 67 SOD SY G� 50$ [ $ So - toil "- 5 6+0 - 88 MULCH MATERIAL TYPE i TN 0.1$ $ 3 ®G ^ 69 EROSION CONTROL BLANKETS CATEGORY 3 SY 300$ $ ! TOTAL BASE BID PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - DIRECTIONAL DRILL ALTERNATE NO. 1: PART A: BASS LAKE ROAD TO INDEPENDENCE AVENUE - OPEN CUT 70 TRAFFIC CONTROL LS 0 2012 StanW i 193801489 REVISED BY ADDENDUM N0. A 00 41 10 - 5 (R) ;..17� Xg3.01 $ "ya,d/0 $ REVISED Bio FORM No. Item Units Qtp Unit Price Total Price 71 CLEAR AND GRUB LS 1 $ AleIU Iri $ 72 DEWATERING LS 1 $ $ 73 SALVAGE AND REINSTALL STORM SEWER LF 20$ $ 74 SALVAGE AND REINSTALL FENCE LF 6041 $ 75 TEMPORARY FENCE LF 60$ $ 76 REMOVE BITUMINOUS PAVEMENT SY 20$- 0$77 77 REMOVE HYDRANT EA is $ 78 REMOVE GATE VALVE EA 1 $ 79 REMOVE CONCRETE CURB AND GUTTER LF 30$ $ 80 SALVAGE AND REINSTALL GUARDRAIL LS 1$ $ 81 REMOVE WATER MAIN LF 540$ $ 62 SELECT TOPSOIL BORROW (LV) CY 140$ $ 83 CONNECT TO EXISTING WATER MAIN EA 2$ $ 84 B" DIP WATER MAIN LF 540$ $ 85 IMPROVED PIPE FOUNDATION LF 640$ $ 86 DUCTILE IRON FITTINGS LB 320$ $ 87 8" GATE VALVE EA 2$ $ 88 CONCRETE CURB AND GUTTER LF 30$ $ 89 AGGREGATE BASE CLASS 5 TN 20$ $ 80 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TN 10$ $ 91 SAW CUT BITUMINOUS PAVEMENT LF 30$ $ 92 SILT FENCE, TYPE MACHINE SLICED LF 540$ $ 93 INLET PROTECTION' EA 2$ $ 94 SEEDING sN1200$ 1104 $95 MULCH MATERIAL TYPE 1 TN OAS $ 96 EROSION CONTROL BLANKETS CATEGORY 3 SY 1200$ $ ® 2012 Stamm 1 193801.489 REVISED BY ADDENDUM NO. A 00 41 1D - 6 (R) REVISED BID FORM No. Item Units Qty Unit Price Total Price TOTAL ALTERNATE NO. 1 PART A: SASS LAKE ROAD TO INDEPENDENCE AVENUE - OPEN CUT PART S. BASS LAKE ROAD TO INDEPENDENCE AVENUE - DIRECTIONAL DRILL 97 TRAFFIC CONTROL LS 1 $ OD $ I1,00- IDo`98 98 CLEAR AND GRUB LS 1$ $ 99 DEWATERING LS 1$ —� $ 100 SALVAGE AND REINSTALL STORM SEWER LF 20$ 3 J $ 101 SALVAGE AND REINSTALL FENCE LF 60$ 3 a — $ 1 f" 102 TEMPORARY FENCE LF 60$ _�� $ PlD ` 103 REMOVE BITUMINOUS PAVEMENT SY 20$ if $ 146f - 4Q -104 104 REMOVE HYDRANT EA 1$ gS $ 9, r S 105 REMOVE GATE VALVE EA 1$ $ '?'7 " 106 REMOVE CONCRETE CURB AND GUTTER LF 303 0! - $ Lie - 107 SALVAGE AND REINSTALL GUARDRAIL LS I$- 14 IM $ 'Igoe - goe108 108 ABANDON WATER MAIN LF 540 $ q $ ___`[ k�o 109 SELECTTOPSOIL BORROW (LV) CY 140$ 3 'i - $ q WO " 190 CONNECT TO EXISTING WATER MAIN EA 2$ )-C#o - $ , 5,(70,1- (T00-111 111 10" HDPE WATER MAIN OR 8" PVC, DIRECTIONALLY LF 540$ - DRILLED 112 DUCTILE [RON FITTINGS LB pp�� 320$ -i t $ 113 8" GATE: VALVE EA 2$ f $ 3 " 114 CONCRETE CURB AND GUTTER LF 305 3 6 r $ rig 115 AGGREGATE BASE: CLASS 5 TN 20$ ;` -1 $ S gfl - 116 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TN los _ � 3 ^ _ $ 1136- 136117 15,4- 5Q-118 117 SAW CUT BITUMINOUS PAVEMENT LF 30$ $ 118 SILT FENCE, TYPE MACHINE SLICED LF 80$ S ^ $ If &v - d -119 119 INLET PROTECTION EA 2$ r $ 0 2012 5t3nW 1193801489 REVISED BY ADDENDUM NO. A 00 41 1D - 7 (R) REVBED BID FORM No. Item Units Qty Unit Price Total Plite 120 SEEDING SY 200$ P M s �;Lx 121 MULCH MATERIAL TYPE 1 TN 0.1 $ sh., — $ 15i — 122 EROSION CONTROL BLANKETS CATEGORY 3 SY TOTAL ALTERNATE NO. 1 PART B. BASS LAKE ROAD TO INDEPENDENCE AVENUE - DIRECTIONAL DRILL SUMMARY: 200$ 3- $ av-741 tbz� - TOTAL BASE BID PART A: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - OPEN CUT TOTAL BASE BID PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE - DIRECTIONAL DRILL TOTAL ALTERNATE NO. 1 PART A: BASS LAKE ROAD TO INDEPENDENCE AVENUE - OPEN CUT TOTAL ALTERNATE NO.1 PART B: BASS LAKE ROAD TO INDEPENDENCE AVENUE - DIRECTIONAL DRILL TOTAL BASE BID AND ALTERNAT NO.1 $ 1171 lq3 Aj s AAP 010 s 716 Q 2012 Stantec 11938014M REVISED BY ADDENDUM N0. A 00 41 ID - 8 (R) REVISED ®D PDRM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.15 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. REVISED BID FORM REVISED BY ADDENDUM NO. A 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. B. Non -collusion Affidavit 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on �2 9�/c5s•' 2012. If Bidder Is: An Individual N (typed or printed): By: (SEAL) dividual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: ® 2012 Stantecl M801489 REVISED BY ADDENDUM NO. A 00 4110 • 9 (R) REVISED BID FORM A Comoration Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: NLE { State of Incorp IVMIJA/��OT� T e (General usiness, Professional, Service, Lim! lability): By: (Signature) Name (typed or printed): fRGAC .6• .w--PrLC Tide: Attest A EA )�� (Signature of Corporate Secretary) Business Sheet Address (No P.O. Box #'s): K—ft—TIs 3indeMMA illy. Phone No.: 3 20 --3% 6686" VV" Fax No.: :) :w —3' V 8 F8p 0 2012 Stantm 1193B01489 REVISED BY ADDENDUM NO. A 00 4110 - 10 (R) REVISE SID FORM Joint Venture Name: (SEAT.) By (Signature of jolrrt venture partner) \Namepedr printed): Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Sox Ws): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each Individual, partnership, and corporation that is a party to the joint venture should be In the manner indicated above). END OF DOCUMENT ® 2012 SWntec 1 1UN1469 REVEED BY ADDENDUM N0. A 00 41 ID - 11(R) REVISED BID FORM r EMC awkumHc=* c ome8Rre�espo es Iowa 60306-0712 BID BOND Bond No. NIA KNOW ALL MEN BY THESE PRESENTS: That we, Kuechle Underground, Inc., 10998 State Hwy 55, Kimball, MN 53353 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 , as Surety, are held and finely bound unto the City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 as obligee, in the sum of Five Percent of Bid Amount ---- --- ----- - ------- --�5�) ------- 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: T.H. 169 Watermain Improvements New Hope, MN 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 22nd day of August , 2012 Im'11kip MV';f'LL"A- i:1FA "IVi4 7007(1-01) Underground, Inc. Jer6m-e E. Kuechle, President Employers Mutual Casualty Company Ely: � s Christina Gresser Att°mey-i�-Fact Bond #5400259 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Kuechle Underground, Inc. 10998 State Hwy 55 Kimball, MN 55353 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name, and Address ofPrincipal Place of Business): Employers Mutual Casualty Company 717 Mulberry, PO Box 0712 Des Moines, IA 50306-0712 CONTRACT Effective Date of Agreement: September 4, 2012 Amount: Two Hundred Seventeen Thousand Two Hundred Ninety Three Dollars and 011100 ($217,293.01) Description (Name and Location): TH 169 Watermain Improvement Project City Project No. 908 BOND New Hope, MN Bond Number: S400269 Date (Not earlier than Effective Date of Agreement): September 4, 2012 Amount: Two Hundred Seventeen Thousand Two Hundred Ninety Three Dollars and 011100 ($217,293.01) Modifications to this Bond Form: None Surety and Contractor, intending to be legally hound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL le Underground, Inc. Name and Corporate Seal 'Ra Jerome E. Kuechle Print Name President Title Attest: Signature Title SURETY (Seal) Employers Mutual Casualty Company (Seal) Surety's Name and Corporate Seal By: Signature (Attach Power of Attorney) Anita M. Ficker Print Name Attorney -In -Fact Agent Title Nate: Provide execution by additional parties, such as joint venturers, if necessary. FaCDC C-610 Perfornkaum Bond (2007) Prgwred by the EagiaeM ioiot C611h act bocameats Committra 00 it 13.13Page 1 af3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor perforins the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner, or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: ESCDC C-610 Performaaee Band (3007) Prepared by the Eaghwers Joint Contract Duca®eats Committee. 00 bl 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resuking from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. b. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been firimished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Prioe: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMAUON ONLY — (Name, Address and Telephone) Surety Agency or Broker: Charles Allen Agency, Inc., 4 13th Ave. N., Waite Park, MN 56387 320-252-170 Owner's esentative (Enghzeer or other :5tantec Consulting Services, Inc., 2335 HM 36 West _ i St. Paul, MN 55113 651-638-4800 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Central Documents Committee. 00 61 13.13 Page 3 of 3 STATE OF MINNESOTA COUNTY OF STEARN5 On the 4th day of September , 2072 , betore me, personally appeared Jerome E. Kuechle , to me known, who being by me duly sworn, did depose and say that (s)he resides in Kimball MN , that (s)he i s the President of Kuechle Unde round Inc. the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. HEATHER L JORGENSON Notary pub"Innesota W OMWftdm EWkw Jan 91, 2015 (Notarial Seal) STATE OF MINNESOTA COUNTY OFSTEARNS 1 \16;tarvysignature) .On the 4th day of September , 2072 , before me, appeared Anita M, Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or 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 in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. CHRISTINA GRESSER NOTARY PUBLIC - MINNESOTA $10 My Commission Expires Jan. 31, 2015 (NOTARIAL Seal) &�X (Votary Seal) 'EMCInsurance Companies No" A07573 P.O. Box 712 • Des Moines, U4 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 S. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamitton 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: MARK A. DRESSER, ANITA M. FiCKER, STACEY GOHL, CHRISTINA GRESSER its true and lawful attomeyin-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 end confirmed. The authority hereby granted shall expire APRIL 1, 2013 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney 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 schedulRd 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, bands and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof and (2) to remove any such attorney-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, reoognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey4n-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 atfoced. 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 aiiixed this 9th day of DECEMBER 1 2010 Seals RPORgy 6` SEAL' '• * I rOWA `* �;NsuswryC'p :�yGO: OP,roggr.CO� UTU s A GO P'q 86 iOWAWA .•'a� •,� huff n ,. SEAL; •4 69nr ons ,. o�e`�reorty;sG 21953=� SEAL = W A = .02410--v_ LAURELA. BLOSS Commission Number 183662 '491-'J " My Comm. Exp.. Mar13220114 4.-- �/4 Bruce G. Kelley, hairman 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 9th day of DECEMBER AD 2010 before mea Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley a 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 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 byy authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such othoers, acknowledged the execution of said instrument to be the vrirotary act and deed of each of the Companies. My Commission Expires March 13, 2014. AA }} 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 DECEMBER 9, 2010 on behalf of: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL. CHRISTINA GRESSER 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 4 t- h day of September , 2012 VFW President Bond # S400269 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicablm CONTRACTOR (Name and Address): SLTRETY (Names, and Address of Principal Place of Kuechle Underground, Inc. Business): Employers Mutual Casualty Company 10998 State Highway 55 717 Mulberry - PO Box 0712 Kimball, MN 55353 Des Moines, IA 50306-0712 OWNER (Name and Address): City of New Hope 4nCT44011 }Xyylon Avenue North CONTRAPe, MN 55428 Effective Date of Agreement: September 4, 2012 Amount: Two Hundred Seventeen Thousand Two Hundred Ninety Three Dollars and 011100 ($217,293.01) Description (Name and tocatlonj: TH 169 Watermain Improvements Project City Project No. 908 BOND New Hope, MN Bond Number: 5400259 Date- (Not earlier than Effective Date of Agreement): September 4, 2012 AmountTwo Hundred Seventeen Thousand Two Hundred Ninety Three Dollars and 011100 ($217,293.01) Modifications to this Band Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINC1PAL Kuechle Underground, Inc. (Se4 CoatraZS6�e Name and Corporate Seal By: J�a Jerome E. Kuechle Print Name President Title Attest: Signature Title SURETY Employers Mutual Casualty Company (Sear) Surety's Name and Corporate Seal By: Signahm (Attach Power of Attorney) Anita M. Ficker Print Name Attorney -1 n -Fact Title Attest: ignaturo Agent Title Note: Provide execution by additional parties, such asjoint venturers, if necessary, EJCoC C-615 Payment Bona (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days aifcr having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. S. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed_ 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subjoet to Owner's priority to use the funds for the completion of the Work. EJGUG C-615 Payment Bond (ZW7) Prepared by the Engineers Joint Contract Documents Commitee. DD 6113.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 14. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice. to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon. request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy ofthis 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 pari 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 lion may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — ( Name, Ad&ess, and Telephone) Surety Agency or Broker:Charles Allen Agency, Inc., 4 13th Ave. N., Waite Park, MN 56387 320-252-170 Owner'sR sentative (Enginewoerother):Stantec Consulting Services Inc. 2335 Hyff36 West 5t. Paw, MN 55113 651-6364600 EJC DC C-515 Payment Bond (2407) Prepared by the Engineers Joint Contract Documerars Committee. 40 6113._16 Page 3 of 3 STATE OF MINNESOTA COUNTY OF STEARNS On the 4th day of September , 2012 , before me, personally appeared Jerome E. Kuechle , to me known, who being by me duly sworn, did depose and say that (s)he resides in Kimball MN , that (s)he is the President of Kuechle Underground, Inc. the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. TT�� f T1 TAT f7�T. } (Notary Signature) (Notarial Seal) STATE OF MINNESOTA COUNTY OFSTEARNS On the 4111 day of September , 2012 , before me, appeared Anita M. Ficker _rto me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or 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 in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation_ Kolu,"MY HRISTINA GRES SER TAFEY PUBLiC MINNESOTA ommission Expires Jan. 31, 2015 (NOTARIAL Seal) (Notary Seal) AVEMCInsurance COMPaniesw NO. A07571 P.O. Box 712 • Des Moires, 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 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation 4. Ninois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint: MARK A. GRESSER, ANITA M. PICKER, STACEY GOHL, CHRISTINA GRESSER its true and lawful attomey-in-fact, with full pourer and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: Inan 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. The authority hereby granted shall expire APRIL i 2013 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 MuhW 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. AttorneWri-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizences, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such aftorney-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-attorney 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 9th day of DECEMBER , 2010 Seals 'IN56a ,•., ,•`�pOMpyy `•`ty ,8 C-1 0= •40nPONgt • y': 21953 SEAL; ylE1863� o =i I7 , gyp; ire, IOWAj' „O . L4O ,,h+„„�A�i�: '.d •''rr n,,•# ,: �, IoWA',• •• �'r ��R+• 3�••• pNT•, ••`*SURAA(Cf'., ••,NsuRgy''• : ��UTUAL c4 ``�p40Rgr OP4oRgr.CO � ?S�4�RP�R,�r �. =w; SEAL =4 SEAL ;z_ k. SEAL =�; UTU LAUREL A. BLOSS Commission Number 183662 My Comm. Exp. Marl a, 2014 A V Bruce G. Kelley, hairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 lw�w Michael I -reel Assistant Vice President) Assistant Secretary On this 9th day of DECEMBER AD 2010 before mea Notary Public anic nd for the State of Iowa, personally appeared Bruce el G. lelZ� y 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 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 time execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. 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 Attomey issued pursuant thereto on DECEMBER 9, 2010 on beha.f of MARK A. GRESSER, ANITA 14C PICKER, STACEY GOHL, CHRISTINA GRESSER 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 qppteMber 1 2012 Vice President Wost;ern National Mutual Insurance Company 5350 West 78th Street Edina, MN 665439-3101 www.wnins.com A Mutual Company Group # 0000169054 Policy # UM 0010785 12 Transaction RR1I;WAL DECLARATION Insured Mama and Address MECHLE UNDERGROUND INC PO BOX 509 KIMBALL MN 55353 COMMERCIAL LIABILITY UMBRELLA DECLARATION ��' Immm"aw Tk r4q—P-Y Policy Pertod: From MARCH 24, 2012 To MARCH 24, 2013 12.01 A.M. standard time at the Named Insured's mailing address. Agent JA PRICE AGENCY INC 6640 SHADY OAK RD STE 500 EDEN PRAIRIE, MN 55344-1133 Telephone. 952-944-8790 00174 Business Description Yype of Business Audit Period Willing Type WATER SEWER /UTILITY CONS` PLCT CORPORATION ANNUAL AGENCY IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF 'i' . S POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE COVERAGES Aggregate Limit Liability Coverage except with respect to covered autos Coverage A Bodily Injury and Property Damage Liability Coverage B Personal and Advertising Injury liability Retained Limit Self Insured Retention LIMITS OF LIABILITY $6€000,000 $6,000,000 each occurrence $6, 000, 000 any one person or organization subject to the Aggregate Limit of Liability $10,000 anyone occurrence or offense DISCLOSURE OF PREMIUM; The portion of your annual premium attributable to coverage for certified acts of terrorism is Forams and Endorsements Applicable to this Policy See Forms and Endorsements Schedule ons togemer with the common 1 nts, if any, issued, complete the coverage part policy. $ REJIgCTED ns, coverage form(s), and form(s) Issued Date: 03/23/2012 WN CU 02 07 07 AGF= COPY Page 1 of 4 Western National Mutual Insurance Company Policy Number: UMB 0010785 12 5350 West 78th street RENEWAL DECLARATION Edina, MN 55438-3101 Named insured: www.wn.ins.com Ki3ECHLE UNDERGROUND INC COMMERCIAL LIABILITY UMBRELLA SCHEDULE of UNDERLYING IWSURANCE POLICY NUMBER, CARRIER TYPE OF LIMITS OF INSURANCE and POLICY PERIOD POLICY CPP0015935 Commercial Auto Bodily Injury Liability Liability Each Person Each Accident WESTERN NATIONAL t+iETTtIAL INS CO Property Damage Liability Each Accident Combined Single Limit 03/24/20.2 tO 03/24/2013 $1,000,000 CPP0015971 Commercial General $2,000,000 General Aggregate Liability (other than Products - Completed Operations) WESTERN NATIONAL MUTUAL INS CO $2,000,000 Products -Completed Operations Aggregate $1, coo, 000 Personal and Advertising Injury 03/24/2012 to 03/24/2013 $1,000,Oo0 Each Occurrence W WCV0010717 Employers' Bodily Injury by Accident Liability $Soo, 000 Each Accident Bodily Injury by Disease WESTERN NATIONAL ASSM3 ANCE CO $500,000 Policy Limit Bodily Injury by Disease 03/24/2012 to 03/24/2013 $500,000 Each Employee CPP0015971 WESTERN NATIONAL MUTUAL INS CO 03/24/20.2 to 03/24/2013 Stop Gasp Bodiiy Injury by Accident Liability $1,.000, oo0 Each Accident Bodily Injury by Disease 01, 000, 000 Policy Limit Bodily Injury by Disease $1, Doo, coo Each Employee Issued Date: 03/23/2012 WN CU 02 07 07 AGPNT COPY Page 2 of 4 Client#: 14847 KUEUN ACORD. CERTIFICATE OF LIABILITY INSURANCEDATEIMIMIODIYYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 9104!2012 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER CONTA NAME; Jeannie Kempenich J. A. Price Agency, Inc.PHONE FAX N Ell: 952 944-8790 Arc. Na : 952 944-0097 6640 Shady Oak Road EAIC. Suite 500 -ADDRESS: X COMMERCIAL GENERAL LIABILITY Eden Prairie, MN 55344.6176 INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: Western National Insurance Grou INSURED Kuechle Underground, Inc. INSURERIB CLAIMS -MADE ❑X OCCUR PO Box 509 INSURERC: 10998 State Hwy 55 INSURER D : Kimball, MN 55353 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INS E POLICY NUMBER POLICYEFF MMIDD CY EXP LIMITS A GENERAL LIABILITY CPPOO15971 3/24/2012 03/2412013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY ROW TO RENTED ! ES Ea NTED ee $100,000 CLAIMS -MADE ❑X OCCUR MED EXP (Any one person) s5,000 X PD Ded:500 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG $2,000,000 POLICY X JECT PRO- LOC $ A AUTOMOBILE LIABILITY CPPOO15935 3/24/2012 03/24/201 (CEOa anal d..') SINGLE LIMIT 1,000,000 XANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY $ AUTOS AUTOS (Per accident) X NON -OWNED X PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident) $ A X UMBRELLA LIABOCCUR HCLAIMS-MADE UMB0010785 3/24/2012 03124/2013 EACH OCCURRENCE $6,000,000 EXCESS LIAR AGGREGATE 1$6,000.000 DED I X RETENTION $10000 I $ A WORKERS COMPENSATION WCV0010717 3/24/2012 03/2412013 X WCSTCAQ- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? � N I A (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $500,000 H yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1(h, Additional Remarks Schedule, if more space is required) RE: Job # 2012,28 T.H. 169 Watermain Improvements, New Hope MN. City of New Hope and Stantec, 2235, Hwy 36 W, St Paul Mn 55113 are included on the general liability policy as additional insureds as per the Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You Primary & Noncontributory endorsement. City of New Hope 4401 Xylon Ave N New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S100451/M90497 JAK STATE OF MINNESOTA COUNTY OF STEARNS On the 22nd day of August , 2012 , before me, personally appeared Jerome E. Kuechle , to me known, who being by me duly sworn, did depose and say that (s)he resides in Kimball MN , that (s)he is the President of Kuechle Underaround. Inc. the corporation described in and which executed the foregoing instrument; that (s)he ]snows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. lf:EATMER L JORGENSON Notary P C&MAnkm P.�asJ48PM.2015 (Notarial Seal) STATE OF MINNESOTA COUNTY OFSTEARNS (Notary Signature On the 22nd day of August , 2012 , before me, appeared Christina Gresser , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or 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 in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation- --------------------------- MARK A. GRESSER WTARY PUBUC- MINMMM MY GommMjan ExPkm Jin 31. x015 PP 01101 (NOTARIAL Seal) (Notary Seal) EMC Insurance Companies- No. A07520 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 "Compan'les', each does, by these presents, make, mnstibute and appoint: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER Its true and lawful attomey4n-fact, with full power and authority conferred to sign, seal, and execute its lawrul bonds, undertakings, and other obligatory instruments of a similar nature as follows: In an amount not exceeding Ten Million Dollars.....................................................................................................................................................$10,000,000.0o and to bind each Company thereby as fuily 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. The authority hereby granted shall expire APRIL 1, 2013 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney 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 attorneys -in -fact and authorize them to execute an behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizanees, 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-attomey 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 aftomey-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 hereaW wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding rpon 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 9th day of DECEMBER 2010 Seals Ng�RH :GP, COMPq,Y•,• q"," Cq• may.: pPPOAq��'M1.� :4?.`Q0.POgglr -p,• 1863 = 1953 IOWA � �� '; �,•. •• *,IOWA`'%.` 4,n So ,e„3oa•A�: ,10 ,5U tie .P*�WSUR4ryCF ••• �``�b1TUAf,,, �•OpPonGP;. 4p, v- lf �' ° `S'i• F =W SEAL =<= SEAL=:SEAL 1-0 IOWA , RrH OA's, T uTU. E LAUREL A. Bt_055 Commission Number 19366 O�NES, ►My Comm. Exp. -Mid 3. 0014 1 _�I6! AA Bruce G. Kelley, hairmanoF ofCompanies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 :�4z Michael Freel Assistant Vice President/ Assistant Secretary Onthis 9th day of DECEMBER AD 2010 before mea Notaryubltc In an for the tate of Iowa, peirsorally 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 President/Assistant Secretary, respectvely, of each of The Companies above; that the seals affixed to this instrument are the seals of said'corporations; that said instrument was s'.gnad and sealed on behalf of each of the Companies by authority ofthelrrespective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged :-e execution of said instrument to be the voluntay act and deed of each of the Companies. My Commission Expires March 13, 2014. Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice Ptesident 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 DECEMBER 9, 2010 on behalf of: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER are true and correct arta are stili in full farce and effect In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 22d day of Au crust 1 2012 J- 'A 11V - Vice President SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hone. Minnesota (hereinafter called Owner) and Kuechle Underground. Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: F3:1i0 L+1 q#111='.'L•]:1 FN 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Water main improvements. ARTICLE 2 — THE PR03ECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: TH 169 Water Main Improvements for the City of New Hope, Minnesota, City Project No. 908. 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 Timee of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates I& Substantial Completion and Final Payment A. The Work will be substantially completed on or before November 30, 2012 and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before May 31, 2013. 4.03 LlqukiaW Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fall to complete the remaining work within the Contract Time or any proper AGREEMENT FORM 0 2012 Stantec 1193801489 005210-1 extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Two Hundred Seventeen Thousand, Two Hundred Ninety - Three Dollars and One Cent ($217,293.01). 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 or the contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided In Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.135 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. r mai V ® 2012 Stantec r 193801489 005210-2 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. 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. AGREEMENT Q 2012 5tantec 1 193801489 005210-3 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 as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: TM 169 Water Main Improvements, City Project No. 908. 7. Addenda (Letters A to C, inclusive). 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 AsVnment of Contr" A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Suaezors and ASSignS A. Owner and Contractor each binds itself, its partners, sucoessors, 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. © 2012 stantec 1 193801489 AIGREEFIEUT FORM 005210-4 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 Contractors Certificahbm A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artifidal, 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. C 2012 stantec 1193801489 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 za , 2012 (which is the Effective Date of the Agreement). Owner: CitV4 Nein Hope, Minnesota Address for giving notices: CITY GLERK CITY OF NEW HOPE .��, •r 1 jT 1� NEW HOPE, MN 55428 Designated Representative: ..: . 1JIMS rV Ina 1 ► 763-53 Facsimile: 763-531-5136 0 2012 Stantec 1 193801489 Kue le Underground, Inc. By: 4s tea e test: Address for giving notices: Kuechle UndwgmurA Im i0998 Stam wiv 56 PO. Bax 508 19mbali, MN License No.: (Where Applicable) Designated Representative: Name: Title: 61'<14ge.+F— Address: Kuschle Undergraund, Its. 10902 RO. Bax Soo Kimball, MN 55W Phone: 32-0 _ 3 T oUg Facsimile: 3 20 -- 3 f 8 - PT T'/9 END OF SECTION AGREEMENT FORM 005210-5 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal LIM Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal U -N Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Doenments Committee. 00 6113.13 Page 1 of3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perforin its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Pace 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Uwner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other parL): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address). CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such asjoint venturers, if necessary. E. CDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Pae 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6-1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be Iiable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by Iaw, 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 daze received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative ( Engineer or other): EJ CDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 3 of 3 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by CEk-4 AMERICAN COUNCIL OF ENGINEERLNG COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract _ Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce,or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 37 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article 7 -- Other Work at the Site ... 7.01 Related Work at Site .... 7.02 Coordination ................ 7.03 Legal Relationships ...... .............................................. 35 .............................................. 35 .............................................. 36 .............................................. 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data................................................................................................. 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9,09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................:............................... 42 10.05 Claims...............................................................................................................................42 Article 11 -- Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination...............................................................6................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Tertninate.......................................................................... 61 Article 16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of ObIigations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................ 63 UCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Clams. 11. Contract The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard Geral Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Condition.—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. work inclucles and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 4 or 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance.which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 6 of 62 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Allrights reserved Fame 7 of 62 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated m the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data tarnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 1f 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 parry receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study .of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated. - If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 _.. __ 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is Iost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (n) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.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 A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 16 of 62 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured.) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall fixrnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary uondations, owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, f tlsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out oh 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.E shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such parry shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who small not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of -the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 007205 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. f a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. if the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 28 of 62 7205 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 parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. S. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). 1~_ Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Pace 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. in emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples. to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society ofProfessional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the priniary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved_ Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7,01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBELITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 38 of 62 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review -of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 - -- 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (u) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, 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 it in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Clain, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, 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 Clain. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 - - - 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.• The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A. I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 I.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 7.007 National Society of Professional Engineers for ESCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The "Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01 .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.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shaII 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 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2407 National Society ofProfessional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2A and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs I1.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0l.A.5, and 11.013; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when ' both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Tames A. The Contract Times may only be changed by a Change order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof] specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 51 of 62 DO 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss .or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: I. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society ofProfessional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief- a. elief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clew of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.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 furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Prafessional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AR rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 57 of 62 007205 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.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the. Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCAC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall -be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any ulaim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 —MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paec 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved - Page 63 of 62 00 72 05 SECTION 00 73 OS SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC added thereto. ARTICLE 1- DEFINITIONS AND TERMINOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: 1. Water main improvements and all tests have passed. 2. Curb replacement and bituminous patching. 3. Seeding and restoration. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.17: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specificalfy noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE Z - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.02.6 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 (mown to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SUPPLEMENTARY CONDir ONS © 2012 Stantec 193801489 00-7305-1 B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EICDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5,04 Add the following new paragraph immediately after Paragraph 5.04.6: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.I and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. 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 © 2012 Stantec 1 193801489 SUPPLEMENTARY CONDMONS 007305-2 SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity,. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 0V' SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy In order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SUPPLEMENTARY CONDITIONS O 2012 Stantec 1193801489 007305-3 SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 7 - OTHER WORK AT THE SITE ARTICLE S - OWNER'S RESPONSIBILITIES ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR') to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2, Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when darifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7 Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. SUPPLEMENTARY CONDITIONS © 2012 Stantec 1193801489 007305-4 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is In general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, best or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Feld Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use In preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, best, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment p 2012 Stantec ' 193801489 SUPPLEMENTARY CONDITIONS 007305-5 requested to the scneauie of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring, completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. 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 11.03.1) in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. SUPPLEMENTARY CONDMONS © 2012 Stantec 1 193801459 007305-6 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.02.$54: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects In writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.13, but not including any claim in excess of $100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC - 16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.C, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in SUPPLEMENTARY CONDITIONS © 2012 Stantec 193801489 007305-7 no event shall any such demand be made atter 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 indusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION © 2012 Stantec 1 193801489 SUPPLEMENTARY CONDMONS 007305-8 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: Furnish the materials and labor necessary to replace the water main from Bass Lake Road to Independence Avenue North. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2012 Starrtec 193801489 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: Tri 169 Water Main Improvements for the City of New Hope, Minnesota, City Project No. 908 B. Description of Work: Project consists of the water main improvements located in TH 169 right-of- way between Bass Lake Road and Bass Creek Circle. 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. i91I�TTLOILIAll 471: %11M►[:1 A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are to be determined by the Contractor with in the public right-of-way adjacent to the project and shall be removed upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Acoess to Site 1. Construction access shall be from Independence Avenue, Bass Lake Road or 62nd Avenue, not via Trunk Highway 169. 2. Residents shall have access to all side streets and driveways between 7 P.M. to 7 A.M. 3. No parking is allowed on Highway 169. All parking shall be on Site. O 2012 Stantec 1193801489 m 1.07 OTHER WORK AT SITE A. Home construction within the development will be in process during the installation of utilities and streets. Access to the building sites must be maintained at all times. B. The installation and revision of electric power, telephone lines, gas lines, and cable TV by private utilities is anticipated. C. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2012 Stantec 1 193801489 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to.the Project and included in the Total Base Bid. 1.03 ALLOWANCES A. Cash allowances have been included throughout the Project Manuel. These allowances are to be used for Bidding purposes. Allowance costs In excess of the funds provided shall be paid by Change Order. At closeout of Contract, allowance funds not authorized for payment will be credited to the Owner by Change Order. 1.04 ALTERNATES A. This article iderrtifies each Alternate by number and describes the basic changes to be Incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1— Bass Lake Road to Independence Avenue — Add to Total Base Bid 1. In general the Work of this Altemate No. 1 consists of all costs to provide a replacement water main from Bass Lake Road to Independence Avenue that parallels the northbound ramp to TH 169, and all correlated items. 1.05 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. 1.06 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. PRICE AND PAYMENT PROCEDURES © 2012 Stantec 1 193801489 012000-1 B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2012 Stantec 1 193801469 PRJCE AND PAYMENT PROCEDUIRES 012000-2 SECTION 01 31 00 PR03ECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates In the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. 6. Telephone: ARVIG Communications Systems. 7. Cable TV: Comcast. 8. Other: Minnesota Department of Transportation — Ughting/ Electrical & Fiber Optic C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. Minnesota Department of Natural Resources (MnDNR) License to Cross Protected Waters. 2. Minnesota Department of Transportation (MnDOT) Permit for Work in State Highway Right -of - Way. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. PROJECT MANAGEMENT AND COORDINATION © 2012 Stantec 1 193801489 013100-1 1.05 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 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2012 Stantec ' 193801489 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 I. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. _1.13 &M 4il�Dk1JW41:1 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 @ 2012 5tantK 1 193801489 0133LA-1 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit"— Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. SUBMITTAL PROCEDURES © 2012 Stantec 1 193801489 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site, END OF SECTION SUBMITTAL PROCEDURES © 2012 Stantec 1 193801489 013300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PANT i GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference Is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring bests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. © 2012 Stantec 193801489 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALIFY REQUIREMENTS Oc 2012 Stantec 1 193801489 014000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART i GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 0133 00 — Submittal Procedures. 2. Section 3123 00 — Excavation and FII. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the foilowinq: 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment In full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment In full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: 3. A Bid Item has been provided for Temporary Fence. Measurement shall be by lineal feet installed. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 193641469 015000-1 Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned -- 50 90 Percent of original Contract amount earned -- 100 100 3. A Bid Item has been provided for Temporary Fence. Measurement shall be by lineal feet installed. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 193641469 015000-1 4. A Bid Item has been provided for Dewatering. Measurement is Lump Sum. Payment shall be included in the Base Bid. 5. All other Work and costs of this Section shall be inddental 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 dosed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, TEMPOf AWf FA Ls i ES AND CONTROLS © 2012 Stantec 1 193801489 01 150 00 - 2 posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Water Services 1. Maintain temporary potable water service to all properties. 3.04 TEMPORARY CONSTRUCTION A. Pumping and Dewatering I. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from trenches and structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.05 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain ail trattic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1 193801489 015000-3 d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification 3845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 11318. D. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. 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. 4. 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. 5. 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. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non-compliance TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1193801489 015000-4 charges, for each Incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.06 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Slte caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of Incomplete removal or Site repairing. B. Temporary Fence 1. Install as shown on the Drawings. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec 1 193801489 015000-5 SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Erosion Control Blanket; Payment will be by type installed. Measurement will by square yard. c. Mulch: Measurement will be by the ton of material installed in place as specified based on tickets delivered to the Engineer. d. Inlet Protection: Measurement will be by each. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 32 92 00 — Turf and Grasses. 1.03 REFERENCES A. Minnesota Departrnent of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2130 — Application of Water. 2. 2573 -- Storm Water Management. 3. 2575 — Controlling Erosion and Establishing Vegetation. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1193801489 015713-1 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E. a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. E. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. F. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to TEMPORARY EROSION AND SEDIMENT CONTROL cp 2012 Stantec 1193801489 01 5713-2 remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $1,000 per calendar day deduction for noncompliance. G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 2.02 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.03 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 -percent wood fiber mulch. 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: I. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1-1/2 inches crushed or natural rounded aggregate. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1 193801489 015713-3 D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C. 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unneeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. E. Hydraulic Soil Stabilizer (Hydromulch) 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. F. Slope (Cat) Tracking 1. Slope tracking consists of operating a dozer up and down slopes so that the cleats of the tracks create grooves perpendicular to the slope. By operating the dozer up and down, the soil surface is firmed and miniature interceptor checks are created. 2. Required on all slopes equal to or steeper than 3:1 (H:V). TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 193801489 01 57 13-4 G. Erosion Control Blanket 1. Install Immediately following seeding in accordance with MnDOT Spec. 2575.33, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, n= -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one-time proper installation is acceptable. H. Temporary Sediment Traps 1. Temporary sediment traps are excavated in conjunction with other grading activities. Temporary traps are approximately 2 feet or less in depth with a length to width ratio of 2:4. 2. Effectiveness of sediment traps can be increased by placing a rock weeper at the outlet. I. Temporary Diversion Berm 1. Temporary diversion berm shall be installed at locations shown on the Drawings. The berm shall be located to minimize damage by construction operations and traffic. 2. Temporary diversion berm shall be installed as a first step in the land -disturbing activity and must be functional prior or in conjunction with upslope land disturbance. 3. The berm shall be adequately compacted to prevent failure. 4. Temporary or permanent seeding and mulch shall be applied to the berm immediately following its construction. 1. Rapid Stabilization I. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters. 2. Methods per MnDOT Spec. 2575.3N with Seed Mix 100 or 110 replacing Seed Mix 190. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re-establishment, and street sweeping of mud and debris tracked from the Site, 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, tom, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec, 2573.3N 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. I EMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec , 193801489 015713-5 C. Control dust blowing and movement on Site and rads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL 0 2012 Stantec 1193801489 015713-6 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and induded in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation or manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated In the Contract Documents. B. 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. EXECUTION REQUIREMENTS C 2012 Sta[>bec 1 193801489 0170 00 -1 C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.,03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete ail cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 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, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www. revenue. state. mn.us,, or via email at withholding.tax@state.mn.us. END OF SECTION p 2012 5tanter 1 193801489 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal Items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawcut Bituminous Pavement: per lineal foot. b. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. c. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. d. Remove Hydrant: Per each. e. Remove Valve: Per each. f. Remove Pipe: Per lineal foot of the type specified, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. g. Salvage and Reinstall Storm Sewer. Per lineal foot. h. Salvage and Reinstall Fence: Per lineal foot of the type specified. i. Salvage and Reinstall Guardrail: Per lump sum. j. Abandon Pipe: Per lineal foot. k. Salvage and reinstall signs and mailboxes will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2104 — Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused In a workable condition equal to that existing before removal. SELECTIVE SITE DEMOLITION © 2012 Stantec 193801489 024113-1 C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications; 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.05 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 33 05 05. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. SELECTIVE SITE DEMOLMON © 2012 Stantec 1 193801489 024113-2 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work.- All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.06 REMOVE BITUMINOUS SURFACING A. Work includes pathways, patching and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing Is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pavement, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). © 2012 Stantec 1193801489 SELECTIVE SITE DEMOLMON 024113-3 3.07 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be capped as noted on the Drawings. B. Pipe to be abandoned shall be filled with granular borrow or suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.08 SALVAGE AND REINSTALL A. Signs 1. In no case shall a traffic sign or street sign be removea or aisturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exerdse reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. B. Mailboxes 1. Remove and salvage existing mailboxes that interfere with the Work or whose access is restricted by the construction activities. 2. Place at.temporary locations as directed by Engineer or as shown on Drawings. 3. Removal, temporary re -installation, and replacement shall occur such that mail delivery is not interrupted. 4. Reinstall in locations as shown on Drawings or as directed by Engineer. 5. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. C. Fences and Guardrail 1. Salvage and store guardrail, fence and post material where they are in conflict with the Work. 2. After completion of Work, reinstall fence and guardrail to the condition existing prior to removal. 3. Install temporary snow fence or similar barrier at the end of the working day while the permanent fence is removed. D. Culverts and Flared End Sections 1. Where possible, salvage existing pipe in areas to be disturbed by the construction. 2. Reinstall in original condition and location as shown on the Drawings. 3.09 FIELD QUALITY CONTROL A. Reinstalled items shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. © 2012 Stantec 1 193801489 SELECTIVE SITE DEMOLITION 024113-4 3.10 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. EMD OF SECTION SELECTIVE SITE DEMOLITION © 2012 Stantec 1193801489 0241 13-5 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clear and Grub. Measurement will be by Lump Sum. Payment will constitute compensation in full for all removal, disposal work, and costs for the project. 2. Sod Removal: This Work is considered incidental to the other Work of the Contract. 3. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 4. Brush Removal: This Work shall be incidental to the Project. 5. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. G. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFE=RENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2101— Clearing and Grubbing. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.05 SITE CONDITIONS A. Work consists of removing trees generally along the easement lot lines designated for utilities. B. The Drawings do not specifically show all trees to be removed or transplanted. © 2012 Stantec ; 193801489 5ITE CLEARING 311000-1 C. Protect specimen trees close to Work that are designated W remain but may be damaged by Work. 1.06 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section, B. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS A. None PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 3123 00. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re -spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. © 2012 Stantec 1193801489 31 1000-2 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right-of-way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. Prior to deposition of stripped material, the disposal site shall be cleared of trees and brush. After disposal of stripped material, the embankment shall be graded, top soiled with salvaged soil, and seeded. D. On Site burial of any debris is not permitted. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations. 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. END OF SECTION @ 2012 StanW ! 193801489 SITE CARING 311000-3 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 32 12 01 Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2211 - Aggregate Base, 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Gass 2 aggregate. AGGREGATE BASE COURSES © 2012 Stantac 193801489 321123-1 PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with MnDOT Spec. 2112. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Quality Compaction Method. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION © 2012 Stantec 1 193801489 AGGREGATE BASE COURSES 321123-2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL_ 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement Courses. 2. Bituminous tack Coat. B. Related Sections 1. Section 32 1123 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Method of Measurement and Payment shall conform to MnDOT Section 2360.5, except as modified herein. 2. A Bid Item has not been provided for bituminous material for Tack Coat. a. Tack shall be incidental to the wearing course mixture. b. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is incidental to the wearing course mixture. c. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with first lift of bituminous placement is considered incidental to the placement of the wearing course mixture. 3. A Bid Item has been provided for, Type SP 9.5 Wearing Course Mixture (2,B). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement— dated avementdated March 5, 2012. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation Is received and found to be acceptable to the Engineer. d. This Bid Item is intended to be used for Driveway and Street patching. 4. Preparation of bituminous first lift: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous first liftwith a power pickup broom. b. Final adjustment of the structures shall be Incidental. 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.). FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 1193801489 321201-1 1. MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated March 5, 2012. A copy can be found at http://www.dot.state.mn,us/materials/bituminousdocs/Speclficabons/2012/2360- 2012.pdf. a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2321 - Road -Mixed Bituminous Surface. 3. 2357 - Bituminous Tack Coat. 4. 2535 - Bituminous Curb. 5. Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnD07s most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 33 05 17. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: conform to MnUu i 2360, I.A, except as modified in the typical section Detail Drawing and Bid Form. Conform to MnDOT Section 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4, except as modified herein. 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 1193801489 321201-2 Sampling and Testing Rates Indicated in Table 2360.4-E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the disaetion of the Engineer, testing rates will not exceed Table 2360.4-D and 2360.4-E. a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL_ A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course. 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or sawcutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2 -foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.B. 3,04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 1 193801489 32 12 01- 3 B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. if you only have small bituminous quantities (under 150 ton) for parking lot or driveways, you need only specify Ordinary Compaction (No. 1 below). If you are only specifying Ordinary Compaction you should delete No. 2, 3,4 and 5 below. There are no incentives / disincentives associated with Ordinary Compaction. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.3.D.1- Maximum Density Method. 3. Modify Table 2360-21 Lot Determination as indicated below: Daily Production (Tons) Lots 200 to 1,000 1 1,001 to 2,000 2 2,001 to 3,600 3 3,601 to 5,000 4 5,001+ 6 Daily production 0 to 200 tons is at the discretion of the Engineer. 4. Modify Table 2360.6-84 "Payment Schedule for Maximum Mat Density" as indicated below. This modification is intended to eliminate incentive payments for pavement mat density: Table 2360-22 Payment Schedule for Maximum Mat Density SP Wear, and SP Shld (4% Void), Density, %* SP Non -Wear, SP Shoulders (3% Vold), Density, %* Mat Density Pay Factor 93.6 and above 94.6 and above 1.00 93.1 to 93.5 94.1 to 94.5 1.00 92.0 to 93.0 93.0 to 94.0 1.00 91.0 to 91.9 92.0 to 92.9 0.98 90.5 to 90.9 91.5 to 91.9 0.95 90.0 to 90.4 91.0 to 91.4 0.91 89.5 to 89.9 90.5 to 90.9 0.85 FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2012 Stantec 193801489 321201-4 89.0 to 89.4 90.0 to 90.4 0.70 Less than 89.0 Less than 90.0 t 5. Modify Table 236.60-24 and Table 2360-25" Payment Schedule for Longitudinal Joint Testing" as indicated below. This modification is intended to eliminate incentive payments for longitudinal pavement testing: Table 2360-24 Payment Schedule for Longitudinal Joint Density (SP Wear, and SP Shoulders (4 -Percent Void)) Percent Density Lang. Joint Confined Ede Pay Factor B (Confined Edge) Percent Density (a Long. Joint (Unsupported Edge)(Unsupported Pay Factor C Edge) 91.6 and above 1.00 89.6 and above 1.00 91.1 to 91.5 1.00 89.1 to 89.5 1.00 89.0 to 91.0 1.00 86.5 to 89.0 1.00 88.0 to 88.9 0.98 85.5 to 86.4 0.98 87.5 to 87.9 0.95 85.0 to 85.4 0.95 87.0 to 87.4 0.91 84.5 to 84.9 0.91 86.5 to 86.9 0.85 84.0 to84.4 0.85 Less than 86.5 0.70 Less than 84.0 0.70 Table 236025 Payment Schedule for Longitudinal Joint Density SP Non -Wear, and SP Shoulders 3 -Percent Void Percent Density (2) Long. Joint Confined Ede Pay Factor B {Confined Edge)Unsu Percent Density (2) Long. Joint rted Edge)(Unsupported Pay Factor C Edge) 92.6 and above 1.00 90.6 and above 1.00 92.1 to 92.5 1.00 90.1 to 90.5 1.00 90.0 to 92.0 1.00 87.5 to 90.0 1.00 89.0 to 89.9 0.98 86.5 to 87.4 0.98 88.5 to 88.9 0.95 86.0 to 86.4 0.95 88.0 to 88.4 0.91 85.5 to 85.9 0.91 87.5 to 87.9 0.85 85.0 to $5.4 0.85 Less than 87.5 0.70 Less than 85.0 0.70 B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. END OF SECTION © 2012 Stantec 1 193801489 FLEXIBLE PAVING (MUNICIPAL PROJECTS) 321201-5 SECTION 32 16 13 CONCRETE CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 1123 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall Include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of curb. 2. No separate measurement or payment for modifications at curb ramps, transition sections, or B618 curb installed at catch basins and radii. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2461- Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. w CONCRETE CURBS AND GUTTERS eQ 2012 Stantec 1193801489 321613-1 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures. F. Construct curb transitions for driveways. Locations to be verified by Engineer at the time of construction. G. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. AN 2012 Stantk 1 193801489 H. Retempering of the concrete which has partially hardened with or without additional materials or water is prohlbited. I. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 1123. 3.03 FORMS A. Conform to MnDOT Spec. 2531.38. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.317, except as mocimed herein 1. Where required, Install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides a. Placement at catch basins conforms to the details on the Drawings. b. Placement at service line trenches conform to the detail on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3 F, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane caring compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility.of the Contractor. CONCRETE OURSS AND GUTTERS © 2012 5tantec 193801489 321613-3 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3], except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.3C, except as modhea nerein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.40. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION © 2012 Stantec 1 193801489 CONCRETE CURBS AND GUTTERS 321613-4 SECTION 32 92 00 TURF AND GRASSES PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 0157 13 Temporary Erosion and Sediment Control. 1,02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seeding. Measurement will be based upon units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. 2. A Bid Item has been provided for sod. Measurement will be based upon units of square yards for installed in place as specified. 3. A Bid Item has been provided for Select Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Indude percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. TURF AND GRASSES Q 2012 Stantec 193801489 32 92 DO -1 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. The establishment period for sod is 30 days. 2. The establishment period for seeded areas is 1 year. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL: Select Topsoil Borrow conforming to MnDOT Spec. 3878.26, except as modified herein. A. Material shall be screened and pulverized. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SOD: Conform to MnDOT Spec. 3878.2A 2.04 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. B. General Roadside: Conform to MnDOT Mixture 250. C. Temporary Spring Cover: MnDOT Mixture 110. D. Temporary Fall Cover: MnDOT Mixture 100. E. Temporary Mix: MnDOT Mixture 130. 2.05 MULCH: Conform to Section 0157 13. 2.06 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. © 2012 Stantec 1 193801489 TURF AND GRASSES 329200-2 PART 3 EXECUTION 3.01 EKAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacture's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.313, C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. 3.05 PLACING SOD A. Conform to MnDOT Spec. 2575.31. © 2012 5tantec 1 193801489 329200-3 3.06 MULCH: Conform to Section 0157 13. 3.07 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.33, and as modified below. B. Raking or narrowing of soil/seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. if permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a 1 -time proper installation is acceptable. 3.08 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. D. Watering of sod areas shall be done for a minimum period of 30 days from installation sufficient to ensure establishment of permanent vegetation. 3.09 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION O 2012 Stantec 193801489 TURF AND GRASSES 329200-4 SECTION 33 OS OS TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, induding requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 - Site Clearing. 2. Section 33 10 00 - Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 12 -inch layer placed below pipe bedding, not including the first 6 inches a. For example, say 2.5 feet of foundation material is required under a pipe installed with C-2 bedding. Because 6 inches of material is required for Class C-2 pipe bedding (and therefore incidental), payment will be made for 2 lineal feet of pipe foundation material, 12 inches deep per foot of pipe installed. b. No payment will be made without the knowledge or consent of the Engineer. c. No payment will be made for subgrade rock installed for de -watering purposes only, unless specified. d. No payment will be made for disposing of excavated material off Site that has been created by placement of improved pipe foundation. 4. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 5. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2105 - Excavation and Embankment. 2. 2451- Structure Excavations and Backfills. 3. 3149 Granular Material. © 2012 Stantec 1193801489 TRENCHING AND BACKFILLING 330505-1 B. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321- Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain file pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. TRENCHING AND BACKFILLING © 2012 Stantec 1193801489 330505-2 D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe. 1. Comply with MnDOT Spec. 3149.2131 for granular borrow. a. No on the Site granular material encountered during construction may be used. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP) 1. Class C-1 Bedding a. Undisturbed soil. 2. Class B and Class C-2 Bedding Comply with MnDOT Spec. 3149.21-1 Modified. 1) Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 3. Class A Bedding a. 2000# concrete. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified. 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 2.03 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.281 for Granular Borrow. 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.04 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. AN © 2012 Stantec 1 193801489 3 ,. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rainfall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 -Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2, The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. TRENCHING AND BACKFILLING © 2012 Stantec 1 193801489 330505-4 S. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in dose proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. B. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 and 0151. © 2012 Stantec 1193801489 TRENCHING AND BACKFILLING 330505-5 C. High Density Polyethylene (HDPE) Profile Wall Pipe: Bed pipe in accordance with ASTM D2321. D. Use only selected materials free from rock, boulders, debris, or other high void content substances W a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. E. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION © 2012 Stantec . 193801489 TRENCHING AND BACKFILLING 330505-6 SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pipe installation by Horizontal Directional Drilling. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 10 00 - Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Pipe Directional Drilled with measurement based on units of lineal feet. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered compensation in full for all Work and costs to furnish and install material in place including tracer wire, and transition fittings between HDPE and DIP. If portions of pipe are open cut they shall be paid for under this bid item for Part B with the exception of hydrant leads which will be paid for by the 6" DIP Water Main Bid Item. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Iron and Steel Institute (AISI) 1. Type 316 stainless steel. B. American Petroleum Institute (API) 1. API 13A - Oil Well Drilling - Fluid Materials. C. American Society for Testing and Materials (ASTM) 1. C618 - Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture In Portland Cement Concrete. 2. D2657 - Standard Practice for Heat Fusion Joining of Polyolefin Pipe and Fittings. 3. D3035 - Polyethylene (PE) Plastics Pipe (DR -PR) Based On Controlled Outside Diameter. 4. D3350 - Polyethylene Plastic Pipe and Fittings Materials. 5. D3261- Specification for Butt Heat Fusion Polyethyiene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing. 6. F714 - Polyethylene (PE) Plastic Pipe (SDR -PR) Based On Outside Diameter. 7. F1055 - Electrofusion Type Polyethylene Fittings for Outside Diameter Controlled Polyethylene Pipe and Tubing. 8. F1290 - Standard Practice for Electrofusion Joining Polyolefin Pipe and Fittings. D. American Water Works Association (AWWA) 1. AWWA C901- AWWA Standard for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 Inch (13 mm) Through 3 Inches (76 mm), for Water Service. UTILITY HORIZONTAL DIRECTIONAL DRILLING © 2012 Stantec 1193801489 33 05 23.13 - 1 2. AWWA C906 - AWWA Standard for Polyethylene (PE) Pressure Pipe and Fittings, 4 Inches Through 63 Inches, for Water Distribution. 1.04 DEFINITIONS A. Contact Grouting: The injection of a mixture of pea gravel, Fine gravel, sands, and fines plus water and Portland cement, chemical compound, and perhaps a non -setting or other admixture into voids outside of the casing pipe or drilled pipe to achieve continuous contact between the casing pipe or drilled pipe and the ground. 1.05 SUBMITTALS A. Submit the following items consistent with Section ui 1.3 uu: 1. Product Data: For carrier pipe, Fittings, skids, bracing, and related appurtenances. 2. Shop Drawings: A layout plan showing stationing, elevations, pipe classes, and class coding. 3. Feld Quality Control Test Results. 4. Results of Source Quality Control Tests. 5. Results of alignment plots. Superimpose these plots on a copy of the design alignment for comparison to verify compliance with alignment tolerances. 6. If entry and exit pits are proposed, shop drawings showing size, location, and design calculations for the pits and all supports. 7. Description of system to be used for handling and disposal of drilling mud and cuttings. 8. Grout mix design. 1.06 QUALITY ASSURANCE A. Submit a list of similar projects completed in the last 3 years. Include pipe material, pipe diameter, project length, typical length of pull, including typical thrust and pullback requirements, soil conditions, project owner, and owner's address. B. For each pipe material, use only pipe from a single manufacturer. Furnish certifications of tests and inspection of pipe at the factory, plant, or foundry as required by the Specifications to which the material is manufactured. C. Names and project lists for key equipment operators and supervisors, including the following: 1. List equipment each operator is certified to operate. 2. Years of experience for each operator. 1.07 DELIVERY, STORAGE, AND HANDLING A. Prevent damage to the pipe when loading, transporting, and unloading. Do not drop pipe. B. Inspect all pipe and materials during unloading process. C. Notify Engineer of any cracked, flawed, or otherwise defective material. PART Z PRODUCTS 2,01 PIPE AND FITTINGS A. HDPE Pipe and Fittings t1TILITY HORIZONTAL DIRECTIONAL DRILLING © 2012 Stantec 1 193801489 33 05 23.13 - 2 1. 4 Inches Diameter and Greater: Manufactured in accordance with AWWA C906 and ASTM F714, designation code PE 3408, meeting ASTM D3350 cell classification 345464C, IPS (Iron Pipe Size). 2. Less Than 4 Inches Diameter: Conform to AWWA C901 and ASTM D3035, designation code PE 3408, PC 160/DR 11. B. HDPE to PVC/DIP Connections: Shall be "MJ" adapter type, or approved equal. 2.02 DRILLING FLUID A. Bentonite Slurry when used or required in the design prepared by the Contractor 1. Bentonite: API Specification 13A, high swelling montmorillonite, capable of mixing with water to form a stable homogeneous suspension. 2. Water: Clean, potable, containing no more than 500 -ppm chlorides. B. Sand for Contact or Consolidation Grouting 1. Clean, natural silica sand graded such that all of the material passes the No. 20 sieve and not more than 20 percent passes the No. 200 sieve. C. Controlled Low Strength Fill (Flowable Fill) I. Select and proportion ingredients to obtain compressive strength between 25 to 75 psi at 28 days in accordance with ASTM D4832. 2. Materials a. Cement: ASTM C150, Type I or II. b. Fly Ash: ASTM C618, Class F. c. Water: Clean, potable, containing less than 500 ppm of chlorides. 2.03 TRACER WIRE FOR WATER MAIN AND/OR FORCEMAIN A. Conform to the applicable requirements of NEMA WC3, WC5, and WC7. B. Shall be Underwriters Laboratories (UL) listed for use in direct burial applications (e.g. USE, UF, or tracer wire). C. Conductor: Minimum AWG No. 8 in copper or AWG No. 12 stainless steel rated to 30 volts. D. Identification: Volts (or V), AWG size, UL and designation (example: "tracer wire`). E. Attach to bolt on break off Flange of hydrants and valves. 2.04 EQUIPMENT A. Certified by manufacturer for intended purpose, diameter of pipe, and expected loadings. 2.05 SOURCE QUALITY CONTROL A. Manufacturer's Certifications: Provide certification of all testing performed by the pipe manufacturer at the manufacturing site documenting compliance with the Specifications under which the pipe is manufactured. Certifications shall include but not limited to pipe thickness, pipe strength, static pressure tests, material composition, and gasket test requirements. UTILITY HORIZONTAL DIRECTIONAL DRILLING © 2012 Stantec 1193801489 33 05 23.13 - 3 PART 3 EXECUTION 3.01 GENERAL A. Notify the Owner and the Engineer at least 7 days in advance of the planned start of Work. B. Water Control 1. Keep drilling pit subgrades continuously free from ground and surface waters during operations. Implement additional groundwater controls on short notice as required. Observed water levels prior to construction are to be below the invert elevation of the pits. 2. Direct discharge from dewatering operations into approved receiving basins in accordance with all applicable regulatory requirements as required. C. Operations 1. It is not necessary to complete drilling work in 1 continuous, non-stop, operation. If Work is interrupted or stopped prior to completion at the Contractor's discretion without prior Owner approval, the Contractor shall bear all costs related to the stoppage and restarting operations without additional payment. 2. Operate to prevent settlement, movement, or cracking of adjacent structures. If any movement or settlement occurs which cause or might cause damage to the structures over, along, or adjacent to the Work, stop drilling operations immediately, except for those activities which will assist in making the Work secure and prevent further movement, settlement, or damage. 3. Resume drilling operation only after all necessary precautions have been taken to prevent further movement, settlement, or damage. 3.02 INSTALLATION A. Preparations 1. Locate positions of entry and exit pits, establish elevation and horizontal datum for bore head control, and lay out pipe assembly area. 2. Lay out and assemble pipe in manner that does not obstruct adjacent roads and commercial or residential activities adjacent to construction easements. Elevate pipe over streets or railroads as necessary to avoid disruption to traffic. B. Drilling Pilot Hole 1. Drill pilot hole from entrance point to exit point following vertical and horizontal alignment shown. 2. As pilot hole is advanced, plot actual horizontal and vertical alignment of pilot hole at intervals not exceeding 25 feet, Provide the Engineer with position and inclination of pilot bore. 3. Use drilling fluid under pressure or other method designed by the Contractor to control ground water and to keep the pilot hole open. 4. Alignment Requirements a. Keep the grade to no shallower than the profile shown and with no intermediate high points that might trap air in pipe after installation. b. Keep curvature of completed pilot hole less than that which will produce wall stresses at 0.50 of yield stress in the pipe after it is installed and subject to maximum working pressure. c. Return pilot hole that is deviating from designed horizontal and vertical alignment to proper alignment with no abrupt changes and at a rate not exceeding [1 foot per 50 feet of pilot hole advance]. d. Horizontal Alignment of Pilot Hole: Within 3 feet of plan data. UTILITY HORIZONTAL DIRECTIONAL DRILLING © 2012 Stantec 193801489 33 05 23.13 - 4 S. Acceptance: If pilot hole alignment falls to conform to specified requirements, drill new pilot hole with alignment meeting specified requirements. C. Reaming Pilot Hole and Pulling Pipe 1. Obtain Engineer approval to proceed before enlarging pilot hole and pulling pipe into position. 2. While pulling pipe, enlarge pilot hole ahead of pipe to diameter sufficient: for pulling pipe into position. 3. While pulling pipe, handle pipe In manner that does not over stress pipe. Limit radius of curvature along length of pipe [during installation to 500 feet]. If pipe buckles or is otherwise damaged, remove damaged section and replace It with new pipe. 4. Pull pipe so that a minimum of 10 feet of pipe is exposed at both ends of bore. D. Cleaning Pipe Ends 1. After pulling pipe, clean exposed ends for installation of fittings. E. Pipe Joining Method 1. 3 inches diameter and greater, thermo-butt fusion process in accordance with ASTM D2657. 2. Less than 3 inches diameter, electrofusion joining processes conforming to ASTM F1290 shall be used to connect PE water service line to all transition fittings or joining pipe. F. Handling and Disposal of Drilling Fluid and Cuttings 1. adequate provisions for handling and containing muddy water, drilling fluid, and cuttings during drilling operations. Do not discharge these contaminants into waterways. Handle water and materials to conform with requirements of the agency(s) with regulatory jurisdiction. 2. Construct drilling fluid pits at entry and exit points in manner that completely contains mud and prevents its escape. 3. When on Site provisions for storing muddy water, drilling fluid, or cuttings on Site are exceeded, haul contaminants away to suitable legal disposal site. 4. Conduct directional drilling operation in such manner that drilling mud is not forced into waterways, wetlands, or the ground surface. G. End f=ittings 1. Fabricate and install mitered fittings at ends of pipe as required for attachment of adjacent sections of pipe. Fabricate fitting angles to correspond to field conditions. Do not connect adjacent sections of pipe by beveling pipe ends. Coat and line fittings as specified for pipe. H. Pipe Abandonment 1. In event of failure to install pipe conforming to all tolerance and test requirements of this Section, retain possession of pipe and remove it from Site. Completely fill borehole with grout, sand, or flowable FII so as to prevent future settlement. 2. If pipe cannot be withdrawn, cut pipe off at least 3 feet below ground surface, record location on Drawings, and abandon pipe after filling pipe and the annular space with flowable fill. 3.03 FIELD QUALITY CONTROL A. Perform an elevation survey of the surface of the ground above each pipe centerline before, during, and after the drilling operations. Conduct the survey to an elevation accuracy of 0.1 feet at 25 -foot intervals along the pipe centerline. Measure daily during active operations above the Work and at least 10 feet in front of the Work. B. Pressure Testing: After pulling pipe Into position but prior to grouting and before attachment to adjacent sections of pipe, pressure test pipe as listed below: 1. Minimum Test Pressure: 150 psi. 0 2012 Stantec 1193801489 UTILITY HORIZONTAL DIRECTIONAL DRILLING 330523.13-5 2. Criteria: No drop in pressure allowed for over 2 hours. 3. Provide temporary pipe restraint as required for testing. C. Tracer Wire Testing: Demonstrate the electrical continuity of the tracer wire. 3.04 RESTORATION A. At the conclusion of each directional drilling operation, remove excavation support systems for drilling entry pits and exit pits. B. Backfill entry and exit pits consistent with the requirements of Section 33 05 05. Restore the profile of the right of way to its original condition. C. Remove all equipment, supplies, excess excavation materials, and miscellaneous items associated with the directional drilling operation and leave the Site in a dean and tidy condition. D. Promptly replace damage pavement and structures at the ground surface above the drilled pipe. END OF SECTION UTILITY HORIZONTAL DIRECTIONAL DRILLING © 2012 Stantec 1 193801489 33 05 23.13 - 6 SECTION 33 05 23.16 UTILITY PIPE JACKING PART 1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Jacking casing pipe and installing carrier pipe. 2. Jack carrier pipe. B. Related Sections 1. Section 33 05 05 Trenching and Backfilling. 2. Section 33 10 00 Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A bid item has been provided for 8" Water Main, Jacking. Measurement will be based on units of lineal feet of pipe contained within the steel casing. The cost to provide the specified carrier pipe and internal transmisslon pipe shall be included in the Bid Unit Price, Including excavation, all shoring, bulkheading, pressure grouting, backfill, potential abandonment, and filling the casing with cellular concrete grout with no additional payment being made, regardless of size of casing installed or the method of installation selected by the contractor. Casing installed beyond the limits surveyed shall not be paid for. 2. All Work and costs of this Section shall be incidental to the Project included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A139 - Electric -Fusion (Arc) - Welded Steel Pipe (NPS 4 and Over). 2. C90 - Loadbearing Concrete Masonry Units. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. A description of proposed construction methods for each jacking. 2. Shop Drawings and Product Data For: Proposed sheeting or shoring, and details of the equipment. 3. Qualifications and training of the key personnel, including field supervisor and operators, responsible for specialized work. 4. Daily Reports Showing: a. Jacking advance with beginning and ending stations. b. Any departures from specified line and grade. c. Descriptions of unusual conditions or incidents. © 2012 Stantec 193801489 LMLITY PIPE JACKING 33 05 23.16 - 1 PART 2 PRODUCTS 2.01 MATERIALS A. Steel Casing Pipe 1. Leakproof conforming to the requirements of ASTM A139, Grade B. Minimum yield strength of 35,000 psi, equipped with grout holes as specified herein, and designed to withstand H-20 Traffic Loading when under roadways and Coopers E-80 Railroad Loading when under railways. a. Clear inside diameter at least 9 inches greater than the largest outside diameter of the carrier pipe, joints, or couplings. Use casing pipe large enough to allow the carrier pipe to be removed subsequently without disturbing the casing pipe or railway subgrade or ground surface. b. For steel casing pipes with the minimum nominal diameters shown, use the following pipe wall thicknesses, unless noted: a . ' ."N i'JL. f'i i il' R! e _ - / � iiiiiiiii*� illl l.�l�if llE� Casing Pipe Inside Diameter - Casing Pipe Wall Thickness 18 Inches 0.312 Inch 20 Inches 0.343 Inch 22 Inches 0.375 Inch 24 Inches 0.403 Inch 26 Inches 0.438 Inch 28 Inches to 30 Inches 0.469 Inch 32 Inches to 34 Inches 0.532 Inch 36 Inches to 38 Inches 0.563 Inch B. Grout Material 1. Use Standard Portland Cement Type I, clean washed sand, and crushed rock gravel to seal the ends of casing. 2. Use proper water -cement ratio to obtain 3,000 psi in 28 days. C. Carrier Pipe (Within Jacked Pipe Casing) 1. Conform to the requirements of Section 33 10 00. 2. Use plastic or steel casing insulator skids as manufactured by Pipeline Seal and Insulator, Inc., stainless steel casing spacers by Cascade Waterworks Manufacturing Company, or non -timber skids, or approved equal. 3. Carrier pipe bracing of sound Douglas fir wooden bracing pressure treated with approved preservative. Field coat cut edges with preservative. Use Type 316 stainless steel straps. 2.02 EQUIPMENT A. Certified by manufacturer for intended purpose, diameter pipe, and expected loading. 2.03 MD(ES A. FII For Annular Space Between Casing and Carrier Pipe 1. Silica sand. 2. Cellular (Foam) Concrete Grout. © 2012 Stantec 1 193801489 UTILM PIPE JACKING 330523.16-2 a. Design and mix proportions by the Contractor's Engineer. b. Low density, non-bleeding, cellular concrete. c. Portland cement and water slurry blended with a high stability pregenerated foaming agent. d. Fluid (10 -inch slump), pumpable. e. Wet Density: 18 to 22 pounds per cubic foot. f. Dry Density: 16 to 18 pounds per cubic foot. g. 28 -Day Compressive Strength: 35 to 50 pounds per square inch. h. Adjust proportions to meet Project requirements. PART 3 EXECUTION 3.01 GENERAL A. Notify the Engineer, roadway, railway, and utility owners in advance of the planned start of Work within the right-of-way or as required by the applicable permit, which Is more stringent. B. Water Control 1. Keep jacking pit subgrades continuously free from ground and surface water during operations. 2. Direct discharge from dewatering operations into approved receiving basins. C. Jacking pits, entry pits, exit pits, and miscellaneous trenching shall be in conformance with Section 33 05 05. D. It is not necessary to complete jacking work in 1 continuous, non-stop operation. If Work is interrupted or stopped prior to completion at the Contractor's discretion, Contractor bears all costs related to the stoppage and restart operations. Prevent any settlement, movement, or cracking of roadways, roadbeds, railways, surface structures, utilities, or adjacent structures. If any movement or settlement occurs which cause or might cause damage over, along, or adjacent to the Work, stop jacking operations immediately, except for those activities which will assist in making the Work secure. 3.02 INSTALLATION A. Examination 1. Engineer may enter the tunnel pits at anytime for the purpose of inspecting the ground conditions, monitoring ground response, and inspecting the materials or the workmanship. Contractor shall cooperate in such inspections. 2. Notify Engineer to inspect casing prior to placing piping within the tunnel. B. Place sheeting, shoring, or bracing as necessary to maintain the pit slopes and protect adjacent structures. Sheeting, shoring, or bracing shall be considered Incidental to the jacking with no additional compensation allowed. C. Installation of Casing Pipe 1. Provide means for guiding jacked pipe accurately into position. 2. Maintain accurate line and grade. 3. Use full butt penetration welds on the outside to connect all sections of the casing pipe. Butt weld joints prior to the jacking operation. 4. After pipe has been completely installed, thoroughly dean the interior of the casing pipe and remove all excess material leaving a smooth interior throughout. UfIU Y PIPE JACKING O 2012 5tanbec 193801489 33 05 23.16 - 3 5. Any water in the casing shall be pumped out prior to installation of carrier pipe. D. Tolerances 1. Maintain alignment and elevation of the casing pipe consistently throughout the jacking operation. 2. Maximum Deviations Permitted a. Alignment: 12 inches. b. Elevation: Plus or minus 0.1 foot. E. Grade Corrections I. If an excavation method is used that does not have the ability to make corrections in line and grade of the carrier pipe, place an oversized casing pipe so the carrier pipe can be installed to the required tolerance. F, Pressure Grouting 1. The Contractor is also required to set up the jacking with piping that permits pressure grouting around the outside perimeter of the steel carrier pipe when the jacking is complete. The purpose of this procedure is to completely fill any possible voids around the pipe that may have been caused by the jacking procedure. 3.03 CARRIER PIPE INSTALLATION A. Install the carrier pipe within the casing using skids as specified nerein. Secure skids with straps. Install carrier pipe from the jacking pit end of the casing. Thoroughly inspect each joint prior to insertion into the casing. Support carrier pipe within the casing pipe so that pipe bells do not rest directly on the casing. Distribute the load of the carrier pipe along the casing with an adequate method of support. B. Install permanent vertical and lateral bracing to prevent carrier pipe from floating either vertically or laterally during testing and placement of annular space filler. C. Construct an 8 inches thick brick and mortar bulkhead in the annular space between the carrier pipe and casing pipe after the carrier pipe has been installed. Wrap the portion of the carrier pipe passing through the brick bulkhead with 3 layers of 15 -pound asphalt impregnated felt before constructing the bulkhead. Block and brick shall conform to requirements of ASTM C90. D. After the carrier pipe has been inspected and tested, fill the annular space between casing pipe and carrier pipe completely. I. Place cellular concrete grout in lifts in a manner approved by the carrier pipe manufacturer that prevents damage and in a manner to prevent the occurrence of any voids between the casing pipe and the carrier pipe. If material is pumped, pump at a pressure below that which may cause damage of the casing or carrier pipe. Vent casing to ensure that annular space is completely filled with grout. END OF SECTION O 2012 5tantec 1 193801489 UTILITY PIPE JACKING 330523.16-4 SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 05 23.13 — Utility Horizontal Directional Drilling 3. Section 33 05 23.16 - Utility Pipe Jacking. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Water Main. Measurement and payment will be based upon the units listed below: a. Water Main Pipe: Measurement will be based upon units of lineal feet for each size and type of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. b. Valve and Box: Measurement will be based on Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified. c. Hydrant: Measurement will be based on units of each Hydrant installed. Payment at the Bid Unit Price shall include furnishing and installing the Hydrant complete In place as specified. d. DIP Fittings: Measurement shall be based on the fitting body and accessory weight installed. The weight shall be construed to mean equivalent cast iron weight. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. e. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered Incidental to water main installation with no direct payment made. f. Connect to Existing Water Main: Measurement shall be based on each connection made, and shall include but not limited to: cutting existing pipe, fittings, sleeves, etc. Payment at the Bid Unit Price all items required to complete the Work. 2. No bid item has been provided for water main overdepth. Water main overdepth shall be incidental to water main installation with no direct payment made. 3. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. 4. No Bid Items have been provided for testing. Testing shall be considered Incidental to water main installation with no direct payment made. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Water Works Association (AWWA) 1. C104 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings. © 2012 Stanbec 1193801489 i 2. C105 - Polyethylene Encasement tor uuctile-Iron Pipe Systems, 3. C111 - Rubber -Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C116 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. 5. C150 - Ductile -Iron Pipe, Centrifugally Cast. 6. C151 - Standard for Ductile -Iron Pipe, Centrifugally Cast. 7. C153 - Standard for Ductile -Iron Compact Fittings. 8. C502 — Dry -Barrel Fire Hydrant. 9. C504 Rubber -Seated Butterfly Valves. 10. C515 Reduced -Wall, Resilient -Seated Gate Valves for Water Supply Service. 11. C550 - Protective Interior Coatings for Valves and Hydrants. 12. C600 - Installation of Ductile -Iron Water Main and Their Appurtenances. 13. C651 - Disinfecting Water Mains. B. American Society of Testing and Materials (ASTM) 1, A48 - Gray Iron Castings. 2. A126 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 7. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 8. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non -Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 0133 00: 1. ripe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. 3. Tracer wire. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing Work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. WATER UTILITIES © 2012 Stantec 1 193801489 331000-2 PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C111/A21.11 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI/AWWA C116/A21. 2.02 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI/AWWA C111/A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 10 (by Metal Coating Corp.); NSS Industries Cor - Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. 2.03 HYDRANT A. General Requirements; AWWA Standard C502. B. Specified Hydrant: Conform to the detail on the Drawings. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two 2-1/2 inch hose connections. One 4-1/2 inch steamer. F. National standard operating nut. G. 5 -inch valve opening. H. 6 -Inch mechanical joint pipe connection. I. Break -off Flange with breakable rod coupling. 1. 8'-0" cover. K. 16 inch high traffic section. L Nozzle caps attached to hydrant with metal chains. © 2012 Stantec 1 193801489 WATER Un ES 331000-3 M. Exterior Bolt Assemblies: Conform to Part 2 — Bolt Assemblies. N. Fiberglass Flag: Hydrafinder Hydrant Marker, or approved equal: 1. White fiberglass rod, with 4 red reflective bands without a bulb end. 2. 54 inches long, 3/8 inch diameter. 0. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. P. Color: Painted Waterous Enamel No. V1814 -R at the place of manufacture. Q. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.04 GATE VALVE AND BOX A. General Requirement: AWWA C515 or C509. B. Non -rising stem (NRS), opening by turning counter clockwise, 2 inches square operating nut. C. 0 -ring seals. D. Mechanical joint ends conforming to AWWA C111/A21.11. E. Exterior Bolt Assemblies: Conform to Part 2 — Bolt Assemblies. F. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AWWA C550 and C116/A21.16. G. Wrap gate valves according to Part 2 - Pipe Encasement. H. Spur gear actuator for valves 16 inches and larger. I. Valve Boxes I. 3 -piece, ductile iron screw-type. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. 2.05 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 2.06 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existinb cast iron pipe. 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies coating. a. f=usion bonded epoxy per ANSI/AWWA C116/A2. Q 2012 Stantec � 193801489 WATER UTILITIES 331000-4 B. Tie Rods: 3/4 inch diameter rods stainless steel or fusion bonded epoxy coated. 2.07 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.08 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 01#YMhP1filI■.r1101►Eel s' I � 9 A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the Inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. G. Provide conductivity throughout the water system by use of conductivity strap, except for HDPE and PVC water main pipe. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. I. Installing Fittings 1. General Requirements: AWWA 0600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. © 2012 Stantec i 193801489 v J. Wrap all ductile iron pipe and fittings according. K. Backfilling: Conform to Section 33 05 05. 3.03 INSTALLATION OF HYDRANT A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. B. Set on 8 -inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch. Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. E. Wrap the hydrant assembly with pipe encasement to the bottom of the break off flange. F. Maintain hydrants in a plumb position during the backfilling operation. G. Attach a fiberglass marker to the hydrant using an existing flange bolt located at the back of the hydrant. H. Furnish 1 additional marker for each hydrant to the Owner. 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. E. Wrap gate valves with pipe encasement. 3.05 ANCHORAGE A. Brace hydrants securely against unaisturnea soil using precast concrete block. Use mechanical joint restraints or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. B. Restrain all bends and fittings with mechanical joint restraints. 3.06 PIPE CONFLICT'S A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1 foot is not possible. © 2012 Stantec 1 193801489 33 1000-6 B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and Install offset as shown on the Drawings or as encountered during construction. D. All offset piping shall be DIP. E. Mechanical joint restraints shall not be allowed on cast iron pipe. 3.07 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at anytime to prevent earth or other substances from entering the water main. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. 3.08 FIELD QUALITY CONTROL A. Scope 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Hydrostatic Pressure Test 1. Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing Gauge: Liquid filled, 4-1/2 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, water services, and stubs. C. Disinfection 1. General Requirement: AWWA C651— Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances. a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20 foot length of pipe based on 3-1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4Inches 1 2) 6Inches 2 3) 8 Inches 3 4) 10 Inches 4 5) 12 Inches 5 6) 16 Inches 9 7) 18 Inches 12 8) 20 Inches 14 9) 24 Inches 20 c. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24-hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. WATER UTILITIES © 2012 Stanter • 193801469 33 1000-7 4. Flushing by Contractor may begin atter the chlorinated water has been allowed to disinfect the new pipe for 24 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. 5. After final flushing and before new water main is connected to the distribution system, two consecutive sets of samples, taken at least 24 hours apart, shall be collected from the new main. 6. At least 1 set of bacteria test samples is required for every 1,200 feet of water main installed, plus one set from the end of the line and at lest one set from each main lateral branch. Bacteria test to be performed by the Contractor and tested by the Contractor. D. Conductivity (DIP) 1. Conductivity to be provided throughout the water system by use of copper straps or approved conductive gaskets with copper inserts, except when PVC or HDPE pipe is used. 2. Test Current: 350 amps at approximately 30 volts for 4 minutes, then 400 amps for 1 minute without fluctuation. 3. Fill lines with water prior to test. 4. Test all lines, including hydrant leads, water services, and stubs, E. Continuity Test (PVC or HDPE) 1. Test to be completed on the tracer wire after installation of all Project utilities. 2. Fill all lines prior to the test. 3. Test all lines including hydrant leads, water services, and stubs. 4. Test: Physically locate all pipes with use of an electronic utility locating device such as a "Metrotech". a. Completing a low voltage circuit with the use of a suitable voltage source and meter to ensure continuity of the tracer wire will be allowed at the discretion of the Engineer. END OF SECTION © 2012 Stantec 1 193801489 WATER UTILITIES 331000-8 SECTION 33 12 12 WATER SERVICES PART 1 GENERAL A. Section Includes 1. Construction of water service pipe, corporation stops, curb stops and boxes, and all appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 10 00 - Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. A Bid Item has been provided far Reconnect Water Service: Measurement shall be based on each. Payment at the Bid Unit Price shall Include all items required to complete the Work, including costs to tap the system, sleeves, pipe, corporation stop, curb stop and box, pipe - bedding, reducers and all other related appurtenances. a. Material, placement, compaction, and removal of excess trench material to be Included in the Bid Unit Price. 2. 9 other Work and costs of this Section shall be incidental to the Project and indudedtin the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. B88 - Class K Copper Water SerAce'Pipe. 2. A674 -Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. B. American Water Works Association (AWWA) I. 0105 - American National Standard for Polyethylene Encasement for Ductile Iron Pipe Systems. 2. 0900 - AWWA Standard for Polyvinyi Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches through 12 Inches, for Water Distribution. 3. C901- AWWA Standard for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 Inch (13 mm) Through 3 Indies (76 mm), for Water Service. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 0133 00: 1. Pipe and fittings. 2. Corporation stop and curb boxes. 3. Service saddles. 1.05 SEQUENCING AND SCHEDULING A. Install, water main deeper than the services prior to the installation of the services. 0 2012 Stantec 1193801489 33�12 PART 2 PRODUCTS 2,01 SERVICE PIPE A. Copper Water Tube: 1" Inch for buried service shall be seamless, Type K water tube conforming to ASTM 888. Service tubing shall be rigid Type K and joined using soldered joints. 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and/or flaring. 2.02 CORPORATION STOP A. Approved Manufacturers: Mueller No. B-25000, Ford No. FB -600-4, FB -600-6, or A.Y. McDonald No. 4701-8. B. - Threaded on outlet for flared connection with copper service pipe. C. Threaded on inlet end with standard tapered corporation cock thread. t 2.03 CURB STOP A. Approved Manufacturers 1. Curb Stops - 1 Inch: Mueller No. 8-25154, Ford No. B22 -444M,- or A.Y. McDonald No. X104. 2. Curb Stops - 1-1/2 Inches: Mueller No. 8-25154, Ford No. B2z-666M, or A.Y. McDonald No. 6104. B. Same size and connection type for inlet and outlet. fi C. Full opening through the valve body with no smaller restriction allowed. 2.04 CURB BOX A. Approved Manufacturers: Mueller, Minneapolis Pattern H-10300, Ford Model EM2-75-56R or EM2-75-57R, or A.Y. McDonald Model 5614 or 5615. B. Adjustable in height from 78 inches to 90 inches. C. Stationary rods. D. 1-1/4 inch upper section. E. Mueller, Minneapolis pattern base. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations as directed by the Engineer. WATER SERVICES s 2= Stantec 193801489 331212-2 D. Water Service Line 1. Install in existing service location. E. Corporation Stop 1. Tap into main only when water main is under pressure. 2. Use 2 layers of pipe tread sealant tape on corporations as a thread lubricant and sealant, or product approved by Owner. 3. Support corporation with 1/2 cubic yard 3/4 -incl stabilization rock. F. Curb Sox 1. Support on full size pre -cast segmental manhole block. 2. Place in a plurimb, vertical position. 3. Install to elevation matching finished grade. 4. Grade stakes will be furnished to establish elevations. G. Reconnect Water Service 1. Disconnect existing service from existing water main, and tap to the new main with new corporation stop. 2. Remove e)asting curb stop and box 3. Install new service pipe from corporation stop to curb stop. 4. Install new curb stop and box at the property line, and reconnect to existing water service pipe. H. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 3.02 FIELD QUALITY CON ROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. TEND OF SECTION WATER SERVICES O 2012 S antec 1 193801489 331212-3 Request for Action November 25, 2013, Page 2 Funding Funding for the project is from the city's water fund and/or the temporary financing fund. The original contract amount was $217,293.01 and the project included no change orders. The final construction amount totaled $200,089.32. This project had a $17,203.69 under run, due to less water main material and less street restoration work required. The preliminary engineer's project cost estimate was $200,000. Attachments Final payment resolution City engineer memo Final pay request I:PubWorks\RFA\20131908 T.H.169 Water Main Approving Final Payment City of New Hope Resolution No. 13- 152 Resolution approving final payment of $10,004.47 to Kuechle Underground Incorporated, for a Trunk Highway 169 water main replacement project (improvement project 908) WHEREAS, the Council approved project #908 plans and specifications and ordered bids for the replacement of water main along T.H. 169; and, WHEREAS, the Council identified Kuechle Underground Incorporated as the lowest responsible and responsive bidder and accepted the bid of $217,293.01 for work described in the plans and specifications; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Kuechle Underground Inc.; and, WHEREAS, staff recommends that Council adopt a resolution to accept improvement project 908 and approve final payment to Kuechle Underground Inc. in the amount of $10,004.47. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Neter Hope, Hennepin County, Minnesota: 1. That the City Council accepts the water infrastructure improvement project performed by Kuechle Underground Inc. 2. That the city manager is hereby directed to authorize the final payment of $10,004.47 to Kuechle Underground Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of November, 2013. Mayor Attest: City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 October 29, 2013 File: 193801489 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: City Project #908 - Trunk Highway 169 Water Main Improvements - Final Payment Dear Bob, Enclosed find the final pay request and the IC -134 forms for the above referenced project. The contractor, Kuechle Underground, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $10,004.47 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 $217,293.01. The contract included no change orders. The Final Construction Amount is $200,089.32, which is less than the Original Contract Amount. This project had a $17,203.69 under run, which was due to less water main material and less street restoration work required. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. c. Paul Coone, Bernie Weber, Shawn Markham - New Hope; Adam Martinson, Rohini Ray, Jason Petersen - Stantec. Wner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: October 14, 2013 or Period: 11/20/2012 to 10/14/2013 Request No 2/FINAL ontractor: Kuechle Underground, Inc., 10998 State Hwy. 55, Kimball, MN 55353 CONTRACTOR'S REQUEST FOR PAYMENT TH 169 WATER MAIN IMPROVEMENTS STANTEC PROJECT NO. 193801489 CITY PROJECT NO. 908 SUMMARY I Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor: KUECHLE UNDERGROUND, INC. Specified Contract Completion Date: 193801489REQ2FINAL.)dem $ 217,293.01 $ 0.00 $ 0.00 $ 217 293.01 $ _ 200,089.32 $ 0.00 $ 200,089.32 $ 0.00 $ 200,089.32 $ 190 084.85 $ 0.00 2/FINAL $ 10,004.47 Approved by Owner: CITY OF NEW HOPE �j 44? -4 /(e -- Date: OL 793m07489RE02FlNAL &M Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID - PART B: INDEPENDENCE AVENUE TO BASS CREEK CIRCLE DIRECTIONAL DRILL 36 MOBILIZATION LS 1 $10,000.00 1 $101000.00 37 TRAFFIC CONTROL LS 1 $11,500.00 1 $11,500.00 38 CLEAR AND GRUB LS 1 $2,700.00 1 $2,700.00 39 DEWATERING LS 1 $0.01 1 $0.01 40 SALVAGE AND REINSTALL STORM SEWER LF 20 $35.00 0 $0.00 41 SALVAGE AND REINSTALL FENCE LF 95 $24.00 95 $2,280.00 42 TEMPORARY FENCE LF 95 $8.00 0 $0.00 43 REMOVE BITUMINOUS PAVEMENT SY 570 $7.00 299 $2,093.00 44 REMOVE HYDRANT EA 4 $775.00 4 $3,100.00 45 REMOVE GATE VALVE EA 5 $74.00 5 $370.00 46 REMOVE CONCRETE CURB AND GUTTER LF 205 $5.00 65 $325.00 47 SALVAGE AND REINSTALL GUARDRAIL LS 1 $3,300.00 1 $3,300.00 48 REMOVE WATER MAIN LF 55 $22.00 87 $1,914.00 49 ABANDON WATER MAIN LF 1530 $7.00 1450 $10,150.00 50 SELECT TOPSOIL BORROW (LV) CY 10 $37.00 10 $370.00 51 CONNECT TO EXISTING WATER MAIN EA 4 $2,200.00 4 $8,800.00 52 10" HDPE WATER MAIN, DIRECTIONALLY DRILLED OR 8" LF 1510 PVC, DIRECTIONALLY DRILLED $72.00 1541 $110,952.00 53 6" DIP WATER MAIN LF 45 $59.00 25 $1,475.00 54 IMPROVED PIPE FOUNDATION LF 45 $3.00 45 $135.00 55 DUCTILE IRON FITTINGS LB 1760 $3.00 427 $1,281.00 56 HYDRANT EA 2 $3,200.00 2 $6,400.00 57 8" GATE VALVE EA 2 $1,600.00 2 $3,200.00 58 6" GATE VALVE EA 2 $1,100.00 2 $2,200.00 59 RECONNECT WATER SERVICE EA 1 $1,200.00 3 $3,600.00 60 CONCRETE CURB AND GUTTER LF 205 $23.00 65 $1,495.00 61 AGGREGATE BASE CLASS 5 TN 320 $21.00 79.66 $1,672.86 62 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 120 $97.00 71.85 $6,969.45 63 SAWCUT BITUMINOUS PAVEMENT LF 250 $3.00 239 $717.00 64 SILT FENCE, TYPE MACHINE SLICED LF 100 $5.00 79 $395.00 65 INLET PROTECTION EA 1 $153.00 0 $0.00 66 SEEDING SY 300 $1.00 380 $380.00 67 SOD SY 50 $9.00 31 $279.00 68 MULCH MATERIAL TYPE 1 TN 0.1 $5,600.00 0.16 $896.00 69 EROSION CONTROL BLANKETS CATEGORY 3 SY 300 $3.00 380 $1,140.00 TOTAL BASE BID - PART B: $200,089.32 TOTAL BASE BID - PART B: $200,089.32 TOTAL WORK COMPLETED TO DATE $200,089.32 793m07489RE02FlNAL &M PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 908 STANTEC PROJECT NO. 193801489 CONTRACTOR KUECHLE UNDERGROUND, INC. CHANGE ORDERS PAYMENT SUMMARY No. From To Pavment Retainage Comninted 1 109/01/2012 111/19/20121 190 084.85 1 10 004.47 200 089.32 2/FINAL 1 11/20/2012 110/14/20131 10 004.47 1 1 200 089.32 Material on Hand Total Payment to Date $200,089.32 Original Contract $217,293.01 Retainage Pay No. 2/FINAL Change Orders Total Amount Earned $200,089.32 Revised Contract $217,293.01 183801488RE02FINAL.Asm Page 1 of 1 Scanned MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-123-614-848 Submitted Date and Time: 8 -Nov -2013 3:58:38 PM Legal Name: KUECHLE UNDERGROUND INC Federal Employer ID: 41-1802736 User Who Submitted: KUIEXC Type of Request Submitted: Cornractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Prc ject Location: Project Amount: 6834094U8 1939899 CITY OF NEW HOPE 201228.TH.169. WATERMA N 12 -Aug -2012 14 -Oct -2013 NEW HOPE TH 169 $200,089.32 Subcontractor Summary Name TD Affidavit Number CUSTOM GROUNDS & RESTORATION SRVCS 8185608 1462534144 E7 MAYERS INC 6130608 1838874624 BITUMINOUS ROADWAYS INC 8225235 450756608 FENC CO INC 5321966 168230912 GEYER SIGNAL OF ST CLOUD INC 3502133 1907490816 CREATIVE CURB LLC 3623244 503775232 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Cali 711 for Minnesota Relay, or (email) Withholding.tm state.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation tea; for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.usltplretrieve?type=PrintFriend&key 1=151819520&key2=21... 11/8/2013 r ; MINNESOTA - REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-092-910-848 Submitted Date and Time: 28 -Oct -2013 9:3930 AM Legal Name: CUSTOM GROUNDS & RESTORATION SRVCS Federal Employer ID: 20-4256445 User Who Submitted: CGR Services Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Projcct Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1462534144 8185608 CITY OF NEW DOPE 2012.28 23 -Oct -2012 10 -Jun -2013 T.H. 169 WATERMAIN IMPROVEMENTS $1,606.30 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us 11 you need father assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Mimesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please ;print this confirmation r for your records using the print or save fL mctionalitty built into your browser. 11-04,-'13 17:17 FROM- Peggy 3chuffm CPA 11!4113 .`;INW, Ilk if "'14"" F; Uf Contractor !Affidavit Submitted drank you, your Conftetar AttidaW has been approved. Confirmation Summary CoOrmsYon Number. Ubmltted bete and Time: Legal Name: Padanal Employer 111 - Vier Me Submi8ld: Type of Request$ubmttied Affldevlt Sunilrnary A[ All Numbor. Account Number. Project Owner: Project Number: Project Begin Dope: Prajact End Date: Preleat L000tion; Projeaftount Suboontraotore: 6nportant Messages 0 -Jaz -r-300 "ov.2013 413:01 PM E J LAYERS IINO 48-1267308 E.Huk"M OontnaaW Atfldaylt 1s3i874%4 613050 CrFY OF NEW HOPE 2012.28 304%p-2013 25-Oc-2013 NEW HOAE $40AS0.00 No Subconlrectnrs 783-497-9995 T--598 P0001/0001 F-323 MN o-Sw4cee A copy of this page muni be prodded W the wntrador or goverment agency hat hired you. Contact Us If you need forttleressistance, oontact ourYMholding Tar Melon at (MM Area) (181482 -MG, (OmeferMlnnesela) 800.657.. 8684, ('fiYUo are) Cell 711 for Nnnesots Relay, or (em all) Wi1hhoW1ng.ta4atB%xnn.Us. Business houlg are am exn, - 4:30 p.m_ Monday- Way How to Yifa w and Print this Request Yau can see copies of your requests bygoing to the Hist!► _ ftp pdntpr $Reel a aopyofthis confirmation page, dick one of the buttana below. Printer Friendly Bmsli Me Close r��O I L go'k-0—r— T • T ' d 683Ge6R022T : Di : wodi del : b0 ET02-t7-AON Quotati ALL BIDDERS ESS!.1.31NC Ess Brothers and Son: 9867 9350 County Road 19 - Loretto, MN 55357 763-478-2027 or Outstate 800-478-2027 Fax 763-478-8868 CITY: LODALE MN PROJECT NAME/NUMBER: E_ PARK PHASE 1 DATE OF BID OPENING: NNS: 07/2412013 ENGINEERIPHONE #: OUP Freight is e/60da single shipment. Quotes Val'"'SPECIAS ARE NON -RETURNABLE Accepted By Ess Brd Sons, Inc. Contractor r correct sales tax Job Number: r UNIT UNIT UNIT PRICE + QUANTITY DESCRIPTION WEIGHT SURC GE PRICE SURCHARGE TOTAL 7 R -3067-V CCB $364.00 $2,548.00 6 R -3067 -VB CCB $364.00 $2,184.00 13 R-1733 C/P STORM MH'S $260.00 $3,380.00 9 R-1733 GASKETED SANITARY MH'S $260.00 $2,340.00 FREIGHT $125.00 $125.00 TOTAL WEIGHT OF HIPMENT 0 PREPARED BY: AL VLASAK Surcharges per Lbs: $0.000 Subtotal $10,577.00 $727.17 Tax rate: 6.875% Tax 1 $11,304.17 Quantities are approximate hanges could alter price. Total Freight is e/60da single shipment. Quotes Val'"'SPECIAS ARE NON -RETURNABLE Accepted By Ess Brd Sons, Inc. Contractor r correct sales tax Job Number: r Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-052-082-304 Submitted Date and Time, 7 -Nov -2013 3:54:08 PM Legal Name: BITUMINOUS ROADWAYS INC Federal Employer ID: 41-0646864 User Who Submitted: haguep Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 450756608 Account Number: 8225235 Project Owner: CITY OF NEW HOPE Project Number: 2012-28 Project Begin Date: 22 -Oct -2012 Project End Date: 09 -Oct -2013 Project Location: TH 169 WATERMAIN REPLACEMENT, NEW HOPE Project Amount: $8,155.75 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. PIease print this confirmation page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/retrieve?type=PrintFriend&key 1=11613 56544&key2=507858820 11/7/2013 Page 1 of I MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-790-672-640 Submitted Date and Time: 29 -Oct -2013 2:22:34 PM Legal Name: FENC CO INC Federal Employer ID: 41-1321252 User Who Submitted: 5321966 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 168230912 5321966 CITY OF NEW HOPE 908 15 -Sep -2012 28 -Sep -2012 TH 169 WATERMAIN IMPROVEMENTS $2,820.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation pane for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/retrieve?type=PrintFriend&key l =1215096064&key2=... 10/29/2013 Page 1 of 1 MINNESCFrA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affdavit has bean approved Confirmation Summary Coni nation Number: 0-958-693-120 Submitted Date and Time: 28 -Qct -2013 9:47:13 AM Legal Name: GEYER SIGNAL OF ST CLOUD INC Federal Employer ID: 41-1893856 User Who Submitted: geysig Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontrw1ors: 1907490816 3502133 CITY OF NEW HOPE N/A 01 -Sep -2012 01 -Oct -2012 T14-169 WATERMAIN IMPS, NEW HOPE $2,800.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 551-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation for your records using the print or save functionality built into your browser. haps://www.mndor.statr,.mn.u&*wtrieve?type-PrinTriend&key1=956459240&key2=1... 10/28/2013 pip 1Isf1 AkIN*M Cortuactor Affidavit Submitted -Rank )&kywm Conuomw Mei hu 1 : gTwva Cwnrmulko Swaswory t'mMnwdonWumbw IBLESM 43+-241 1 9, 1 6: 96 A lFcdcrA Err pkjcr 117x; 41-1ctI '.V leant VP1w tri-: camodc LMIC Type of R&*=A SubMin� COQU=tx AffW11,01 tit Number. WT75333t ¢4taho ,%Ij wrhwrl W.1244 tlwttcr. MY OF NEW ME lea Number V] 123 Ph4w H q ad Dor 11 .-?01i3 lts c Food I 11430-20121 Pr cCt WE7N.flow. 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