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IP #915
COUNCIL A �A = Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 27, 2012 Development & Planning Item No. By: Guy Johnson, Director By: Kirk McDonald, City Mana er 8.5 Resolution approving plans and specifications for the proposed 2012 sanitary sewer lining project and ordering advertisement for bids (improvement project 915) Requested Action Staff is recommending that Council pass a resolution approving plans and specifications, and authorizing advertisement for bids for the proposed 2012 sanitary sewer pipe lining project. Policy/Past Practice In the fall of 2003, the city initiated a sump pump inspection program as part of the city's I/I reduction program. Additional initiatives completed by the city include replacement of older, center hole sanitary sewer manhole covers with solid covers in low areas of the city prone to street flooding; the lining of nearly 1,700 feet of sanitary sewer pipe through low areas of the city in 2004/05; roof vent and foundation drain inspection of apartments and commercial buildings; and the televised inspection of approximately 45,000 feet of sanitary sewer pipe in an effort to reduce the amount of excessive I/I. The city is continuing with inspection of service lines, including the city's large diameter sewer pipes. Background The city's 2012 Capital Improvement Program (C1P) includes $100,000 for installation of linings of the city's sanitary sewer collection system. Staff is recommending that the city initiate the relining of sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing I/I through the various programs the city has implemented, including the relining of sanitary sewer pipes, the city is also extending the useful life of the sanitary sewer infrastructure. To be effective in eliminating I/I issues, pipe lining is completed between two manhole structures. For this reason, staff's pipe lining recommendations are based upon the distance from manhole to manhole. Motion by Second by To: p( E \ RFA \ PUB WORKS\ 2012\ 915 2012 Sewer Lining Approve Plans Specs.doc Request for 9Action August 27, 2012 Page 2 The sections of pipe recommended to be lined are nine -inch diameter clay the and 15 -inch reinforced concrete pipe in the neighborhood between Winnetka Avenue and Louisiana Avenue, north of Medicine Lake Road. There is approximately 3,950 feet of pipe to be lined in this area. Depending on the "per foot" bid price, portions of Winnetka Avenue may need to be excluded from the proposed project. Funding The engineer's cost estimate for the project is $115,000. The 2012 sanitary sewer lining project is in the 2012 CII' and funding for the project would be from the sanitary sewer fund. Attachments A copy of the resolution, the engineer's memorandum, and a map of the proposed area of work are attached. E 11FA\ PUBWORKS12412\ 915 2012 Sewer Lining Approve Plans Specs.doc City of New Hope Resolution No. 12-128 Resolution approving plans and specifications for the proposed 2012 sanitary sewer lining project and ordering advertisement for bids (improvement project 915) WHEREAS, the capital improvement program identifies programs to reduce the inflow and infiltration entering the sanitary sewer system; and, WHEREAS, Metropolitan Council Environmental Services (MCES) has determined that lining sanitary sewer pipe reduces the impact of excessive inflow and infiltration (111); and, WHEREAS, lining sanitary sewer pipe has been established as an effective way to reduce 111 and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 20121/1 abatement program activities are included in the approved 2012 sanitary sewer operating budget and capital improvement program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota, that: 1. The city clerk shall prepare and cause to be inserted in the official paper, an advertisement for bids for New Hope's 2012 sanitary sewer lining. The advertisement shall state that the bids will be opened at 10:30 a.m. CDT, on Monday, October 1, 2012, at the New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid shall be given an opportunity to address the City Council on the issue of responsibility. No bids shall be considered unless sealed and filed with the city clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the city for five percent (5%) of the amount of such bid. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of August, 2012. Mayor Attest: City Clerk August 20, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MH 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2012 Sanitary Sewer Lining — Approve Plains and Specifications City Project No.: 915 Stantec Project No.: 193801583 Dear Guy: In New Hope's continued effort to reduce service costs, an annual pipe lining project has been implemented to help address inflow and infiltration into the city's sanitary sewer system. The 2012 project includes sanitary mains in the southern part of the city. Figure drawings showing the general location of the proposed improvements are enclosed. The complete construction documents are available at City Hall for review. This year's construction costs are estimated at $115,000. This project would be funded from the sanitary sewer fund. 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 August 27th Council meeting. Bids could then be received on October list and brought back to Council for review at the October 8t" meeting. The work under this contract will be completed in the late 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: Figures: 1-4 Cc: Shawn Markham, Bernie Weber, Paul Coone — New Hope; Mark Hanson, Jason Petersen Stantec. 2 IL S N_ N n 01) PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2012 SANITARY SEWER LINING 1938015830F01.dwg DATE:AUG 2012 COMM,1938015830FOl 0 1200 2500 Soots In fed K r I S ii a 8 N N 3A VGVA3N I} N I N N OVOIdI M 'd 'D n N _o h CSV N N I N N N N N N N I N N N N t ry -Dr pp91 a L09L u� "� o rPi Lfi9Z � g m LU l ` 909L I 609L S N/ 1'4 N - i rl 9L9Z 0 Q 9L9L 4L9L io ' B' �� y � N y`+ f�V a097i•• �Z9L £Z9L Zfi9L Z l6Z �� xprr ,ate VC] N I'l I 2 N� 01�9L � `fz ..,.a•: i ��82 o,• a Lsr�r, � ..... 90LL ►f- y �� I 2L09L ; O-� f �609L N iS 009L� V"I l 8L N N I N N N OZ9L N V "�"�I f '" L++ o I I o LU ❑❑ N a I rl i ly N N N l L 1�113NNIM M ......."1 N gol' �— -13 ----------- ------- s w106L 0C6L LO6L 006L h 905L ,�. 606L 905L i ll L''- 1 I 60 O 6L Ad BL:4 ZLOZ/LL/9 DMO'ZOAO£99L09£Bl\S.LN3W3ACEdW1 AL+VLiNtlS ZLOZ\aM0\OVC\£95L09£fii LT Z N Z N J O w w w/ O Z V/ Z Q F— LU CV o o _ LO N o Wco Z N \3ALL3V\9£6 L\ :A N 3A'd VN'dlSInoi i �ILJ 1 — � l N 3AT VGVA3N a H N • 5i I N� I a m M1 �d ryYry D1 i �ILJ 1 — � l N 3AT VGVA3N a H N • 5i ryYry D1 I de q Q O Y I W Z U w mP Wm 2: =s ado'd'ilV'd 'd 'D 60' ! FT I%y g Bo DZZ N � I i V) Wd TZ:i ZTOZ/LT/8 WM'EOd0EROOBE6T\S N3WIAOddWI AiiVJI.WS ZCOZ\9MOiOtl:)1£BSTO Pr) W Go Ln 00 LL. r I O 0 Z N Z N J � Q � a 0 W V) w o Z U) Z_ Q Z r7 0 �Q to o I Go N 0 w o Z N BE6T13AI DV\SE6T\:A a6 adO"dllVll 'd 0 ,� ,n ------- bgt L _4 P ce ❑ LU Y W Z U LU ISfi£ --- - ._............... J T C) 0 � fl0 p O l� o Z Q Wd Zt�b ZTOZILEIB`JhM1O'i0y[6.8SEOBE6LISLM3W311tnIdWI AatlJSNVS ZL4�IJMaICI'd�IEBSTC 0 Z N Z N J � W o w LLLJ W o Z (f) Z a wCL � z O M co N w r M Z N O1 RE6L13ALL-MBE6L4A www.MinnLocal.com City of New Hope (Official Publication) CITY OF NEW HOPE, MINNESOTA ADVERTISEMENT FOR BIDS Sealed Bids will be reoeived by the City hinu of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 +•• A.M., CST, Mond October 1, 2012, at MEDIA which time they will be ppubllc!y opened AFFIDAVIT OF PUBLICATION and read aloud for the iurnlshing of all labor• materials, and all else necessary for the following: STATE OF MINNESOTA 2012 Sanitary Sewer Lining - City Project ) SS. No.915 COUNTY OF HENNEPIN In general, Work consists of rehabilitation Of the sanitary sewer by installing cured Richard Hendrickson, being duly sworn on in-place liner. an oath, states or affirms that he is the Chief Complete dlgbl Bidding Documents are Financial Officer of the news a er s known avellable at www.questc&.com for $20 P P (� by Inputting QuestCDN eBldooc as 02233083 on the webslte's Project GV, NH, Crystal, Robbrnsdale Sun -Post 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. and has full knowledge of the facts stated Direct inquiries to Engineer's Project below: Manager Chris Long at (651) 604-49oe. (A)The newspaper has complied with all of Bid Security In the arnountofbpercentof the requirements constituting qualifica- the amount of the Bid must accompany qualified newspaper as rOVld- each Bid in accordance with the Instruc- tion as a qP tions to Bidders. ed by Minn. Stat. §331A.02, §331A.07, The Owner reserves the right to retain and other applicable laws as amended. the deposits of the Slowest Bidders for a (B) The printed public notice that is attached date andnotime sete for t 0Op ningafter the of Bids. was published in said newspaper(s) No Bids may be withdrawn for a period of once each week, for one successive 60 days after the dais and time set for the Opening of Bids. week(s); it was first published on Thurs- The Owner reserves the rlpht to reject day, the 6 day of _September any and all Bide, to walva Irregularities 2012, and was thereafter printed and and Informalities thereh, and further published on every Thursday to and in- re- serves e b st Interests of the to Ownne Contract to cluding Thursday, the day of Kirk McDonald, City Manager , 2G12,' and printed City of New Hope, Minnesota below is a copy of the lower case alpha- (septa B, 2012) P2-Pro1Q115 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: B' Subscribed and sworn to or affirmed before me on this 6 day of September , 2012• oea L574-2�: Notary Public NOTARY PUBIjG - MI: E,, p, Jan. 3 2"115 Finance & Commerce, Inc. 730 2nd Avenue S Suite 100 Minneapolis, MN 55402-2418 1 (612) 333-4244 COPY FOR YOUR FILE ONLY NOT PROOF OF PUBLICATION Kirk McDonald City Of New Hope 4401 Xylon Ave N New Hope, MN 55428-4843 Please Read Carefully Finance & Commerce, Inc. is not responsible for errors or omissions after the First Run Date. If any errors, contact 1 (612) 333-4244. Attorneys placing legal advertisements are responsible for payment of same. PO #: Order #: 10131404 Ad #: 20246652 Placement: Finance and Commerce Bids Construction Schedule: 9/6/2012 - 9/13/2012 2 inserts Ad Charge*: 111.36 Addt'I ChargeslDisc*: 4.00 Payment Amount: 0.00 AMOUNT DUE: 115.36 ORDER KEYWORDS: 2012 Sanitary Sewer Lining - City Project No. 915, Hennepin County CITY OF NEW HOPE, MINNESOTA ADVERTISEMENT FOR BIDS Sealed Bide will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 ANI., CST, Monday, October 1, 2012, at which time they will be publicly opened and Lead aloud for the furnishing of all labor, materials, and all else necessary for the fo}lowing: 2012 Sanitary Sewer Lining - City eject No. 9115 In general, Work consists of rehabilita- tion of the sanitary sewer by installing cured in-place liner. Complete digital lidding Documents are available at www-questcdn.com for $20 by inputting Q=stWN :eBidDoc #2233083 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stante¢, 2985 Highway 38' West, St. Paul, MN 55113, (651) 636 -4600 - Direct inquiries to Engineer's Project Manager Chris Lnng at (651) 604.4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Rid in accordance with the Instructions to Biers. The Owner reserves the right to retain the deposits of the S lowest Bidders for period not to exceed 60 days a)`ter tho 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 fhe Owner. KIRK MCDONALD, City Manager City of New Hope, Minnesota (Published in Finance and Commerce September 6, 13, 2012) 10131404 loft *Changes to this order may result In pricing changes. Customer: 10022231/City Of New Mope Order: 10131404 Proof Printed: 1:58:57PM on 9/4/2012 by Chong Khang ��h1�LCyL Request for Action Originating Department Approved for Agenda Agenda Section Public Works October 8, 2012 Develo ment & Planning Item No. By: Guy Johnson By: Kirk McDonald, City Mana er 8.1 Resolution awarding a contract to Insituform Technologies USA Inc. in the amount of $118,620 for lining sanitary sewer pipe (improvement project No. 915) Requested Action Staff is recommending that Council authorize city staff to continue with the city's I/I reduction program and pass a resolution awarding a contract for the 2012 sanitary sewer pipe lining project to the low and responsible bidder, Insituform Technologies USA Inc., in the amount of $118,620. Policy/Past Practice In the fall of 2003 the city initiated its I/I reduction program. Initiatives completed by the city include our sump pump inspection program; replacement of older center hole sanitary sewer manholes with solid covers in low areas of the city prone to street flooding; the 2004/05 lining of nearly 1,700 feet of sanitary sewer pipe through low areas of the city; roof vent and foundation drain inspection of apartments and commercial buildings; and the televised inspection of approximately 45,000 feet of sanitary sewer pipe in an effort to reduce the amount of excessive VI. The city is continuing with the inspection of service lines and installation of drain tile behind the curb in areas of street infrastructure projects to allow for sump pump connections. Background Staff recommended that the city continue lining sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing I/I, the lining of sections of sanitary sewer pipe in the city also extends the useful life of the sanitary sewer infrastructure. The pipe lining process takes place from manhole to manhole. Motion byX � 2 _ _ Second by 3LMLOLO To: a I:\RFA\PUBWORKS12012\915-2012 Sewer Lining Award Contract.doc Request for Action October 8, 2011 Page 2 The sections of pipe recommended to be lined are nine -inch diameter clay the and 15 -inch reinforced concrete pipe in the neighborhood between Winnetka Avenue and Louisiana Avenue, north of Medicine Lake Road. There is approximately 3,950 feet of pipe to be lined in this area. The city received three bids at the October 1 bid opening, with the low bid from Insituform Technologies USA Inc. at $118,620. The engineer's construction cost estimate for this project was $115,000. Funding Funding for the 2012 sanitary sewer lining project would be from the city's sewer fund. The city's sanitary sewer budget contains over $200,000 for the city's 20121/1 reduction program, with the installation of linings in the city's sanitary sewer collection system being one of the initiatives. With the Metropolitan Council reinstating their IA surcharge program, staff recommends that all proposed streets of the 2012 sanitary sewer pipe lining project be lined. Attachments The engineer's memorandum, a resolution ordering the project and awarding the contract, a copy of the bid tab, and a map showing the area of the proposed project are attached. I:112FAIPUBWORKS12012\915-2012 Sewer Lining Award Contract.doc City of New Hope Resolution No. 12- 152 Resolution awarding contract to Insituform Technologies USA Inc. in the amount of $118,620 for lining sanitary sewer pipe (improvement project No. 915) WHEREAS, the capital improvement program identifies programs to reduce inflow and infiltration from entering the sanitary sewer system; and, WHEREAS, lining sanitary sewer pipes has been established as an effective way to reduce W and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 20121%1 abatement program activities are included in the approved 2012 sanitary sewer operating budget and capital improvement program; and, WHEREAS, the city has accepted quotes for the improvement described and has identified the lowest responsible and responsive bidder; and, WHEREAS, the city engineer, Stantec, has recommended that Council award the contract to Insituform Technologies USA Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract between the city of New Hope and Insituform Technologies USA Inc. in the amount of $118,620, is approved. 2. That the mayor and city manager are authorized to sign the contract documents. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of October, 2012. Z5;� Mayor Attest: City Clerk s.-tICIC October 1, 2011 5tantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xyion Ave. N New Hope, MN 55428 Re: 2012 Sanitary Sewer Lining City Project No. 915 Stantec Project No. 193801583 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on October 1, zu1z. 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: Contractor Low Insituform Technologies, USA, LLC #2 Veit & Company, Inc. #3 Lametti & Sons, Inc. Base Bid Affiernafe Bid $95,890.00 $22,730.00 $118,620.00 $94,440.00 $24,500.00 $118,940.00 $326,630.00 $64,000.00 $390,530.00 The low Bidder on the Project was Insiturorm Technologies, USA, LLC. with a Total Base Bid Amount of $95,890.00, plus an Alternate Bid of $22,730.00 for a Total Bid Amount of $118,620.00. This compares to the Engineer's Estimate of $115,000.00. 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 Insituform Technologies, USA, LLC should be awarded the Project on the Total Bid Amount of $118,620.00. Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. A Christopher W. Long, P.E. Enclosure P 0 0 0 0 0 � W Ny � N tlN4K 1 4w [] j Z 0000 0000 Yk a� a �7s Ln �i 12yf5�� 1yf�� i�R i14 tM ilY M ~ �CQy f � m y2yC 1p O 7 10 m 090 O � O O al O S O Ch S S S S y�. pp�� en77 c � y�j pSp VSO1 pS pS ryN q � iA VY N Vf y .D m p G Q 88828 8$r t G S Z 6 PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2012 SANITARY SEWER LINING 1938015830FO1.dwg DATE:AUG 2012 COMM:1938015830F01 a izaa zsaa some In reek IN3Rdb I o 0 � 1 — A N 3n V(3VA3N NI , f W i N I`I i 4 n O N a I M E 00 I D a N iD f O m l ( ,Ny I I MInV I N ! N I ry ---.!-.-...-__I ry��OO — ODBL C09L kr) �. Z' m n n N N N ' 909L1 609L v - W I 9L9Z Q - 9191 Ll9L2 \ N N 0092 1 kZ9L Zf 9L Z l 6Z/ %;p p err yr i Oi BL y `fir f p V Cl H 3,L J ODLc 0 z m W m 9OLL!-� D N = 9:LL I � � \ $ � lOBL ; In IS [r7 OZLL -�� /DSL �B08L n J 1 r ��� ///��l � N `67 III,,jJJJ,,[JJJ -`�,- 6ZBL n n N n 0Z9L V W ■ n E D ' W � VNJ.3NNIM "...._." r U --.--�-'-'----- —006L� lO6L :OBL ......._................ S W W S 606L nd 6L:; ZLOZ/LL/9 OM(I'ZUO£9BL09£6L\Sl.H3W3AO2IdWi ),?AVIII'VS ZLOZ\DM13\CVD\f99lO9F6O N a w 00 (' 0 00O U V Z Z N � Q o W w Z (f) Z a La CV 0 o V) n _ 00 Ln N C) w O rn Z N �M 13V\9£6l\ '-A Stantec October 9, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 761: (651) 636-4600 Fax: (651) 636-1311 Mr. H. Douglas Thomas Insituform Technologies USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 Re: City of New Hope, Minnesota 2012 Sanitary Sewer Lining Project City Project No. 915 Stantec Project No. 193801583 Notice of Award/Contract Documents Dear Mr. Thomas: You are notified that your Bid dated October 5, zalz for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $118,620.00 for the Total Base Bid plus Alternate No. 1. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 6113.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen, 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 Insituform Technologies USA, LLC (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. al*F Chris Long, P.E. Enclosures: Four Contract Documents copy: Valerie Leone, City of New Hope Steve Sonarall, City Attorney October 25, 2012 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Insurance, 3enefita & Risk Management Suitc 200 835 VhiDr ill Centn. Dme aestafi ld, Mo 63017 314-59=1-3700 www.jw2erril.l.com Re: trtsAuform Technologies USA, LLC 2012 Sanitary Sewer Lining Project, city Project No. 915, 5tantec Project No. 193801583 Bond No. 105846M3 Dear Sir/Madam: The Performance and Payment Bonds covering the abovecaptioned project were executed by this agency through Travelers Casualty and Surety Company of America insurance company. We ! er.tby a,itho-ire C: --y of New dope to date wl bonds: Jurats, and powers of attorney to coinc!d . with the r -Vu of t;)e ront, act. If you should have any questions or concerns, please call me at (314) 594-2700. Sincerely, J. W. Terrill r ) Bar rat By�FrFiold Attorney -in -Fact Travelers Casualty and Surety Company of America October 25, 2012 Mr. H. Douglas Thomas insituform Technologies USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 SUBJECT: 2012 Sanitary Sewer Luling Project Q 915) At its meeting of October 8, 2012, the New Hope City Council approved the contract with your company for project no. 915 for $118,620. 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, ,f Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Chris Long, city engineer CrrY OF NEw HOPE 4401 X Ion Avenue North • New Hope, Minnesota 55428-4898 + www. ci.ne A,--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 CONTACT I)OCUME14TS Iftiect Manual For 2012 SanitarV Sewer Lining New Hage, Minnesota City Project No. 915 A"iust 2012 CONTRACT Project No. 193801593 DOCUMENTS 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. r Christopher W. Long Date: August 24, 2012 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2012 Stantec 1193801583 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 00 31 00 Available Project Information 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 00 61 13.13 Performance Bond 00 61 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 10 00 Summary 012000 Price and Payment Procedures 013100 Project Management 013300 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 70 00 Execution Requirements Division 02 to 29 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 to 32 - Not Used Division 33 - Utilities 33 01 38 Pipe Rehabilitation by Cured -in -Place Pipe (CIPP) 33 08 31 Sanitary Sewer Televising, Cleaning and Inspection Division 34 to 35 - Not Used PROCESS EQUIPMENT SUBGROUP Division 40 to 49 — Not Used FIGURES Figure 1— Project Location Figure 2 — Sanitary Sewer Lining Site Plan Figure 3 — Sanitary Sewer Lining Plan Figure 4 — Sanitary Sewer Lining Plan END OF SECTION © 2012 Stantec 1 193801583 TABLE OF CONTENTS 000110-1 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the city Hall at 4401 Xylon Avenue North, until 10:30 A.M., CST, Monday, October 1, 2012, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2012 Sanitary Sewer Lining - City Project No. 915 In general, Work consists of rehabilitation of the sanitary sewer by installing cured in-place liner. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting OuestCDN eBidDoc #2233083 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 1 193801583 001113-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office —The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, In making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, Including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or 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 Bidding Documents © 2012 Stantec 1 143801563 INSTRUCTIONS TO BIDDERS 002113-1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below; A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of 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 INSTRUCTIONS TO BIDDERS © 2012 Stantec 193801583 002113-2 responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 it is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. 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; INSTRUCTIONS TO BIDDERS © 2012 Stantec . 193801583 0021 13-3 H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has compiled with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193601563 0021 13-4 receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or fit days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE it - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entitles 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. © 2012 Stantec 1193801583 INSTRUCTIONS TO BIDDERS 002113-5 ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bia Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price With Alternates A. Bidders shall submit a Bid on a Bid Unit Price 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 for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the 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. © 2012 Stantec 1 193801583 INSTRUCTIONS TO BIDDERS 002113-6 C. Discrepancies between the multiplication of units of Work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE iB - BIDS TO REMAIN SUB3ECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract Is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. C 2012 S'tantec 1 193801583 13-7 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 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 0 2012 Stantec 1 193801583 INSTRUCTIONS TO BIDDERS 002113-8 SECTION 00 31 00 AVAILABLEPROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Television Inspection Prepared by Pipe Services and Visu Sewer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2012 Stantec 1 193801583 00 3100 -1 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 BIDDER: Insituform Technologies USA, LLC DOCUMENT 00 4110 BID FORM 2012 SANITARY SEWER LINING CITY PROJECT NO. 915 STANTEC PROJECT NO. 193801583 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 terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to In writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which Is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. ® 2012 Stantec 1 193801583 004110-1 BID FORM F. Bidder does not consider that any further examinations, Investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, Information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally suMdent to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been maae or win De made by the Bidder to induce any other person or fine to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such Investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be Intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices) 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 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents, ® 2012 Stantec [ 1939DISS3 004110-2 IID FORM SUMMARY: TOTAL BASE BID TOTAL ALTERNATE NO. I - WINNETKA AVENUE TOTAL BASE BID AND ALTERNATE NO. I $ -7 30,00 $ C 2012 Stantec 1 193801583 004110-3 BID FORM a Units Qty Unit Price Total Price BASE BID 1 MOBILIZATION LS 1 $ $ 2 TRAFFIC CONTROL LS 1 $ 2 - oc> $ 3 BYPASS PUMPING LS 1 $ baa"" $ 31 4 SEWER REHABILITATION WITH CIPP, 9" LF 2,680 $ 0101• $ (.Pt= 60 •rn)c> 5 SEWER REHABILITATION WITH CIPP, 15" LF 674 $ d C7 $ TOTAL BASE BID $ Ob ALTERNATE NO. 1 - WINNETKA AVENUE 6 TRAFFIC CONTROL LS 1 $ 0 • c,>c> q $ f 1>0 .00 7 BYPASS PUMPING LS 1 $ 3�D c<> $ 330 • o0 8 SEWER REHABILITATION WITH CIPP, 9" LF 1,004 $ • SD $- c� TOTAL ALTERNATE 1 $ ?A , 730 - oc' SUMMARY: TOTAL BASE BID TOTAL ALTERNATE NO. I - WINNETKA AVENUE TOTAL BASE BID AND ALTERNATE NO. I $ -7 30,00 $ C 2012 Stantec 1 193801583 004110-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment In accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on October 1 Name (typed or printed): NIA By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) 0 2012 Stantec 119380583 004110-4 BID FORM A Corporation Partnership Name: NIA By: Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: (SEAL) State of Incorporation: Delaware Type (General Business, Professional, Service, Limited Liability): Limited Liability Company By: ._ '—'trig—nature) Name (typed or printed): H. Douglas Thomas Title: Vice President (CORPORATE SEAL) V (Signature of Corporate Secretary) Jana Lause, Contracting & Attesting Officer Business Street Address (No P.O. Box #'s): 17898 Edison Avenue, Chesterfield, MO 63005 Phone No.: 636-530-8000 Fax No.: 636-530-8701 ® 2012 Stantac i 19380593 004110-5 BID FORM Joint Venture !Name: NIA (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Business Street Address (No P.O. Box #'s): (Signature of joint venture 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 ® 2012 Stantet 1 19380583 0041 10-6 BID FORM INSITUFORM TECENOLOGIES USA, LLC Assistant SecretaaX's Certificate The undersigned, being the Assistant Secretary of Insituform Technologies USA, LLC, a Delaware limited liability company (the "Company"), hereby certifies that: 1. The following individuals have been appointed by the Board of Managers to serve in the office of the Company set opposite their respective names: Name H. Douglas Thomas Joann Smith Denise Carroll Office Vice President Assistant Secretary Assistant Secretary 2. The following is a true and correct excerpt from the Limited Liability Company Agreement of the Company: Appointments by the President. The President of the Company may from time to time appoint officers of the Company's operating divisions, and such contracting and attesting officers of the Company as the President may deem proper, who shall have such authority, subject to the control of the Board of Managers, as the President may from time to time prescribe. 3. The President of the Company has, pursuant to the above authority, duly appointed Joann Smith, Denise L. Carroll, Debra Jasper, Jana Lause and Diane Partridge as Contracting and Attesting Officers of the Company. Each of the foregoing have been fully authorized and empowered by the President of the Company (i) to certify and to attest the signature of any officer of the Company, (ii) to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company, (iii) to execute and to deliver documents on behalf of the Company, and (iv) to take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. IN WITNESS WHEREOF, I have hereunto affixed my name as Assistant Secretary this I' day of January, 2412. iNSITUFORM TECHNOLOGIES USA, LLC t By: Tod O'Dono Assistant Secr ................ .. . .........: Office of the Minnesota Secretary of State Fwsraign i.lmit d L[ablilty Company I cerUncate of Autharlty to Transact Business in Minnesota A&n=A2 &aWW, t /eapfer 3718 Read the iastractions before compieli n this farm. Filing Fee: 5185.08 This Certificate olAnthority bar been approved pursuant to i�tir S�rtea, Chapter 3=. By filing this Certificate of Anthority,tbe cmpmy certifies that it has complied with the arE&uWktioo, Iowa in the juri:dicemn of its orgsaizm6on. 1. The legal name ofthis comp®y in the Home Jurisdiction_ (Required) IItffi1q]P'ORM TECHNOLOGMS USAF, LLC 2. *flw alb unto name under which the company will do hadooss in Nffi=sota, if dif5ettnt than the to ate: gal nam, listed 3. Homuc hmsdictio n: ategnited) Delaware 4. List •We Fsrldration date of company: (Requited) Perpetual Peipetual or Mandr/Dayffear 5. The name and address of the registered agent and zeggbb=d office in the Stai c of NEnnicsota: (RegidrW) Carporatlon SerAce Company FO Name of Regist wd. Agent 3WJacksonStreet; Sift 700 SL pain MN br101 zip C06 6. Hama addrow of*c office in The jtssisdidion where LLC is organized. 2711 Cersknple Road, Suite 400 Wilmington DR 19805 Street Address (APO Bar by itself 1s ran a"oprable) CRY State Tap Code 7. Prin*al Place ofBusiness Address: (Requited ONLY if thele is no home address in the home jurisdiction) 17988 Edison Ave. Chesterfield MO 63005 Sheet Address (APO Box by fmye is wracmptabk) City State zip Code S.1, the undersigned, coitif &A I am signing this docummit as the person whose signature is requinA or as agent of the person(s) whose signature would be sequined who has authorized me to sign his document on dis/hW behalf; or in both capacities. I farther certify that I have completed all w4piired fields, and that the iatnnuation in this document is true and c meet and in compliance with the applicable chapter of Minwsct Statutes. I rmdwvumd brat by signing this dm=cnt I am subj es of perj ury asset forth in Section 609.49 as if l signiddiisdooumentun&roatixL2- Simudom orkadmized Pensee or Authorized Agent Date o WE OF MINK � D a� 3AH 2 3 20AI RM2 Delaware ,AG. z AMENE q e first State I, JEFFREY W- BULZ,OCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF CERTIFICATE OF FORMATION OF "INSXTUr0RK TECHNOLOGIES VSA, LLC" FILED IN TRXS OFFICE ON TEE THIRTIETH DAY OF DECMMER, A.D. 2011, AT 11:35 O'CLOCK A.M. AND I DO BEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE ANXUWSAID CERTIFICATE OF FORMATION IS THE TKIRTY-FIRST DAY OF DECMWER, A.D. 2011, AT 11:58 O'CLOCK P.M. 2024080 8100v 111355550 You mayverify this certificate oniane at carp ,delaware.goamuthver.shtml Jeffrey W. Bullock Secretary of State AUTB TION: 9264916 DATE: 12-30-11 January 26, 2012 J&-': INSTALLER CERTIFICATION hisituforin Technologics I)SA, LLC L--- dies and/or Gentlemen - Please be advised that InsitufbTfll 'FCChn010!4CS 'S pipeline ivhabilitation company. As such, hisituffir-i-n is rot of fl-, curcd-`n-placc pipeline rehabilitation system of the samc- name. bt!tAso of]'+-,rs Full r search and development department, licensed englilek-r.; OU (or n of r-Aucts to suit eacl, individual sitiation, and regional contractin- fl-." C()J- rvieQ�.' irc: installation. This ietter shall serve to ceftify that Insituform OL";'., is au;horizcd to instal! Insitufonn products supplied by hisituform Tec',it. L.1 Sincerely. INSITUFORWIT.ICHNOLOGIES, LLC Vice President Global Procurement / Operations Support STATE OF MISSOURI COUNTY OF ST. LOUIS Bit for, M IN'SITUI+ORM TUBE MA.NI.JFACTU.R1j"-: "Phis letter certifies that the Insituform tube is nit r� is c w ,�• :;i En t W i.ii,it 1d SMMC € f" 'srnev ca. by Insituform Techrologics, LLC and meets z11 c a!7-d-iji-pk-ce pipe product: ASTMI7 5813-95 Sections 5.2.2. 5.2.2.' and 6.1 1216 Section �.1, `fable 1, ASTM F 1743 Sections 5.2.1 and 7.1. '1."lie Insiti;'Orrn h;: -manuractu-,•ed in thr USA since 1981. Please contact us directly with any questions you n y ; .:r:. Sincerely, TNISITUFORM I'ECI: NOLOGIES.I..LC: 11. Dtftg1vt-Thoin& Vice President Global Procurement Operations Suppo9•t STATE OF MISSOURI COUNTY Of ST. LOUIS Project Experience - 5 Years ProductlManufacturerAnstaller Customer Name 6" 8" 9" 10" 12" 15" 18" 21" 24" 27" Completion City of Amboy 2,277 2,156 01/31/07 P.O. Box 250 Amboy, MN 56010 Gloria Mack (507) 674-3018 City of Bloomington 80 4,801 2,980 790 03/07/07 1800 West Old Shakopee Rd. Bloomington, MN 55431 Beverly Rausch 952) 563-8790 City of Minnetonka 6,582 581 05/03/07 14600 Minnetonka Blvd Minnetonka, MN 55345 Jim Malone (952) 939-8200 City of Duluth 1 5,134 778 1,391 202 422 09/11/07 411 West First Street Duluth, MN 55802 Mark Guisfredi (218) 730-5200 City of Bloomington 4,001 2,767 1,083 09/24/07 1800 West Old Shakopee Rd. Bloomington, MN 55431 Beverly Rausch 952 563-8790 City of Savage 245 4,719 05/14/08 6000 McColl Drive Savage, MN 55378-1800 John M. Powell (952) 882-2660 City of Crystal 2,732 75 04/16/08 4141 Douglas Dr. North Crystal, MN 55422-1696 Mick C ert (763) 531-1166 Eureka Construction 767 05/19/08 8500 210th St. W., Suite 130 Lakeville, MN 55044 Matt Thompson (952) 469-5685 City of Mendota Heights 1,383 07/18/08 1101 Victoria Curve Mendota Heights, MN 55118 Sue McDermontt 651)-452-1850 Cfty of Wayzata 1622 07/16/08 600 Rice Street Wayzata, MN 55391 Jim Elbensteiner (612) 4045368 City of West St. Paul 4050 2,096 136 11/17/08 1616 Humboldt Ave. West St. Paul, MN 55118-3972 Matt Saam (651) 552-4130 City of Columbia Heights 4,103 1 30 04/20/09 637 38th Ave. N.E. Columbia Heights, MN 55421-3806 Kevin Hansen (763 706-3700 Project Experience - 5 Years ProductlManufacturerlinstaller City of Excelsior 2,829 424109 CIO WSB & Associates, Inc. 701 Xenia Ave. South, Ste 300 Minneapolis, MN 55416 Kevin B. Kawlewski 63 287-7193 City of Chanhassen 1,558 07/07/09 7700 Market Blvd. Chanhassen, MN 55317 Joseph Shamla 952) 227-1100 Midwest Asphalt Corporation 667 08/27/09 P.O. Box 5477 Hopkins, MN 55343 Shirley Eiden (952) 937-8033 City of Roseville 6,836 10/16/09 2660 Civic Center Drive Roseville, MN 55113 Kristine Giga (651 792-7046 City of Richfield 936 1,267 1/11112010 6700 Portland Avenue Richfield, MN 55423-2599 Robert Hint en 612 861-9165 City of New Hoe 1,236 11/25/09 4401 Xylon Ave. North New Hope, MN 55428 763-531-5100 City of Shakopee 102 1,191 3,690 2,836 1,557 08/13110 129 Holmes Street South Shakopee, MN 55379-1351 Northwest Asphalt, Inc. 771 09/15/10 1451 Stagecoach Road Shakopee, MN 55379-2797 Lance Guentzel 952 445-1003 T.A. Schifsk & Sons, Inc. 4,826 1,784 652 11/08/10 2370 W. Highway 36 North St. Paul, MN 55109 Ga le Ritzer (651) 777-1313 City of White Bear Lake 2,079 11/24/10 4701 Highway 61 White Bear Lake, MN 55110 Mark Burch (651) 429-8511 McNamara Contracting 329 12/16/10 16700 Chippendale Ave. Rosemont, MN 55068 LaTour Construction 460 588 264 10/22/10 2134 County Rd. 6 NW Maple Lake, MN 55358 Teri Khamdamov (320) 963-5993 City of Blaine 74,066 7,115 4,223 3,649 03/31/11 10801 Town Square Drive NE Blaine, MN 55449 Tom Scott (763)785-6172 Project Experience - 5 Years Product/Manufacturerllnstaller City of Coon Rapids 40,036 2,312 270 E0E9/2q2/O9 11155 Robinson Drive Coon Rapids, MN 55433 City of Coon Rapids 37,709 2,450 3,375 3,334 j 02/16/11 11155 Robinson Drive Coon Rapids, MN 55433 Kris Linquist (763) 755-2880 City of Blaine 80,058 11,173 2,299 5,947 1,040 1,583 04/29/11 10801 Town Square Drive NE Blaine, MN 55449 Tom Scott (763)785-6172 Minger Construction 859 425 1,111 3,480 12/29/10 Channssen, MN 55317 Luke Minger (952) 368-9200 City of Crystal 16,568 04/20/11 4141 Douglas Drive North Crystal, MN 55422-1696 Mick Cyert (763) 531-1000 City of Chanhassen 1,055 07/01/11 7700 Market Blvd. Chanhassen, MN 55317 Joseph Shamla (952) 227-1100 Larson Excavating Contractors 1,404 10/26/11 41354 County Road 9 Holds ford, MN 56340 Karen Larson 320 746-2684 City of Litchfield 577 09/22/11 126 Marshall Ave. North Litchfield, MN 55355 Brad DeWolf (320) 693-7201 AIA Document A310111 - 2010 CONTRACTOR: (Name, legal status and address) INSITUFORM TECHNOLOGIES USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 OWNER: (Name, legal status and address) Ci Of New Hope 4461 Xylon Avenue North New Hope, MN 55428 Bid Bond SURETY: (Name, legal status and principal place of business) This document has Travelers Casualty And Surety Company Of important legal America consequences, One Tower Square Consultation with an Hartford, CT 06183 attorney is encouraged with respect to Its Mail Notices To: completion or modification. Travelers Attn: Inez Meyerholz - Bond Claims Any singular reference to One Tower Square 2S1 Contractor, Surety,. Hartford, ,CT x06183 owner, or other party shall be considered plural where applicable. BOND AMOUNT; Five Percent of the Amount Bid --------•-•-•.. . dollars ($ 5°% of Amount Bid) PROJECT: 2012 Sanitary Sewer Relining, City Project No. 915, Project No. 193801583 (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 1st day of October, 2012. ( ) ("�Ioza 11115M)FORN TECHNOLOGIES LISA, LL (principal) (Seal) (Title) H. Douglas Thomas Vice President (tel) (W ss) Kristan L Lucas, Witness Ink AIA 131=11nent A310"L- 2010, Copyright 01963, 1970 and 2010 by The American I to of Ardtitecls. y IN w reserved. V.'a RN! rX.. l i. by U'S. coryr!,4M Lite . € ; ur:.enailor i 'i!_z`f Un ithori ed reproc'l ,tic r 64trEwLic.i at )lis .-J., r :r :t, o; :•n; ,i.rt€an of €,, r. u I t i i ere cl. d �j! sr .irr:l r- A. it;.nci v.'li t�'< s.re;i-u-,,c to tis=. n:1",h.4u!., erten!: i 1.'.L il'_ , ' Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, co rp iv oht0Aia.!2 . 081110 11115M)FORN TECHNOLOGIES LISA, LL (principal) (Seal) (Title) H. Douglas Thomas Vice President (tel) (W ss) Kristan L Lucas, Witness Ink AIA 131=11nent A310"L- 2010, Copyright 01963, 1970 and 2010 by The American I to of Ardtitecls. y IN w reserved. V.'a RN! rX.. l i. by U'S. coryr!,4M Lite . € ; ur:.enailor i 'i!_z`f Un ithori ed reproc'l ,tic r 64trEwLic.i at )lis .-J., r :r :t, o; :•n; ,i.rt€an of €,, r. u I t i i ere cl. d �j! sr .irr:l r- A. it;.nci v.'li t�'< s.re;i-u-,,c to tis=. n:1",h.4u!., erten!: i 1.'.L il'_ , ' Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, co rp iv oht0Aia.!2 . 081110 State of Missouri County of St. Louis On 1010112012, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Barbara Buchhold known to me to be Attorney -in - Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. K. 445�" Y. Kn tan L. Lucas, Notary Public rl KRiSTAN L. LUCAS Notary Public - Notary Sa ! STATE OF MISSOUR) St, Louis County My Commission Expires:fdblCarnmissiac Expires: Ma tfl, tb ! WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,- POWER OF ATTORNEY TRAVELERS) Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company ofAmerica i SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223577 Certificate No.004965001 �I KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, 'Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Krislan L. Lucas, Peter J. Mohs, Helen A. Antoine, Salena Wood, Debra A. Woodard, and Barbara Buchhold of the City of , State of Missouri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of Jelly 2012 Farmington Caaualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 17th St Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ��,t.BU }ff IS yrl>< *N 1-,T`9 IM!(gp-p ,aTY yyO� IYdtY1fM1 HARTFORD, SBILLJ � t CONN gn f �n MB State of Connecticut City of Hartford ss. By: Georg Thompson, tlico President On this the 17th day of July 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �•7 In Witness Whereof,l hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. p��w 58440-6-11 Printed in U.S.A. WARNING. THIS POWER OF ATTORNEY Marie C. Tetreault, Notary Public V-S.M. -X WARNING: THIS POWER OF ATTORNEY IS INVALID WiTHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, PiBelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the P Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power i prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature orfacsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 day of October 2012 4 eIr b4�Kevin E. Hughes, Assistant Sec tory Gµ3!!, •1a Q ��M SKS � 4N&Vq nViY 4q0 Y o t 9 8 2 0 1977 ^'•�+w�W n z m P� r I: PORA a aRR1FOFio.: S a0. 3FilEL';� w CONK ��af � 1.� � � ANLL B: Aia'�s+' �.. �..� °ay.. • •�i� � • AIN To verify the authenticity of this Power of Attorney, call 1-800-421-3884 or contact us at www.travelersbond.coni. Please refer to the Attorney -In -Pact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Insituform Technologies USA, LLC (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ►_IAP($I,4F1111=121$1:1N 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as foilows: rehabilitation of the sanitary sewer by installing cured in-place liner. ARTICLE 2 — THE PRO]ECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2012 Sanitary Sewer Lining for the City of New Hope, Minnesota, City Project No. 915. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substanbal Completion and Final Payment A. The Work will be Substantially Completed on or before December 14, 2012, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before December 28, 2012. B. Substantial Completion includes the completion of pipe lining, and City receipt of the pre and post televising videos, reports, images, and identification spreadsheet. 4.03 Liquidated 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 $100 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial AGREEMENT FORM O 2012 Stantec 1193801583 005210-1 Completion until the WorK is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. 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 One Hundred Eighteen Thousand, Six Hundred Twenty Dollars and No Cents ($118,620.00). ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.0235 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. @ 2012 Stantec 1. 193801583 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE S — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F, Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. © 2012 Stantec 1193801583 AGREEMENT FORM 005210-3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2012 Sanitary Sewer Lining, City Project No. 915. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contraoct A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AGREEMENT FORM 9) 2012 Stantec 193801583 005210-4 10.03 Surremors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Confraoctors Ce►fr>icabbu A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. © 2012 stantec 1193801583 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 L0 2012 (which is the Effective Date of the Agreement). Owner: City of Neva-k1,on Minnesota By. . Attest: Address �* � i in uaK CITY OF NEW HOPE go 1 XYtON AVE NO. N€W-PF AM 55428 Designated Representative: r r k7i 11111, Contractor: Insituform Technolo les USA, LLC By: H. Douglas Thomas, Vice President Attest:. ' r .lana Lause, Contracting & Attesting Officer Address for giving notices: 17988 Edison Avenue Chesterfield, MO 63005 License No.: NIA (Where Applicable) Designated Representative: Name: H. Douglas Thomas Title: Vice President Address: 4A1r1'I Xyl ON AVE NO Address: 17988 Edison Avenue NSW HOPE 11 N 636428 Chesterfield MO 63005 ■v■ � rrs� . w ■ ■r■ ■■., •�.i � rVI a Phone: 7-63 531-5100 Facsimile: 763-531-5136 Phone: 636-530-8000 Facsimile: 636-530-8701 END OF SECTION AGREEMENT FORM C 2012 Stantec 1193801583 005210-6 PERFORMANCE BOND Any singuittr reference to Coi3l:ractor, Surely, Owner,: or other party shall bu considered plural where; applicable, CONIRACTOR (Alame atul Address): Insituform Technologies USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 OWNER (Nctxne ttrrd kidress). City of New Hope 4401 Xylon Avenue North New Hoge, MN 55428 SURETY (Nurrme. and Address of PrIncipal Pkiee of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONTRAC r E1Tcaive late of Ageement. ,ArtlLlU= $118,620.00 (One Hundred Eighteen Thousand Six Hundred Twenty and Noll 00 Dollars) Description (Name and Lcxxrlivn),. 2012 Sanitary Sewer Lining Project City Project No. 915 BOND Stantec Project No.193801583 Bond Nurither: 105846863 Dais (Not awrlrar rhma l ffecliuc? Date ref' Agreerrrc 11): A,r7toulit: $118,620.00 (One Hundred Eighteen Thousand Six Hundred Twenty and No/100 Dollars) Modifications to this Bond 1=0rrk1: None Surety and Contractor, hilenditlg to be logalEy bound hcrrby, subject to the I.ertltk .set forth below, do each cltusc this ?crf6rmancc Band to be duly executed by an authorized (If icer, agent. or represeatativc. _Insituiorm Technologies USA, LLC C oat:aolor's Name and Ctx-lx)rate Seal Icy - S faattr H. Douglas Thomas frit[ 'Name SUREYTY Vice President - Attorney -In -Fact _ Attest: Attest Si tltAtrtr w .lana Lause Kristan L. Lucas Contracting and Attesting Officer _ Witness Tiitc� Title Now: Provide exccudon b.r addir enol pe -vies, such as,jbirrr i•c ntrrrers, f ttG•rcxxary- E3L:UC'C:-6tO Porrormnacr ltmut (2007) rMpared by tltic £a�irxera.iOiar Ctr�sraet i]ocutaca[s Cbma�ltter. 0061 13.13 Pave t nr3 L Contractor and Surety, Jointly and savendly, bine ilrcrrrsel4cs, U-mir heirs, uxwutors, administrators, successors, and imigns to Owner for the perforntarrcc cif The C onfr=t, which is incorporated herein by ruf urcrum, 1. (€'Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in confurrvn= its provided in Par4rmph 2. 1. 2. If there is no 0"icr Default, Surct.y's obligation under this Bond shall arise aftar: 2.1 Owncr haw notified Contractor and Surety, at ilia addresscs described in Paragraph 9 below, that {honer is considt"rb)g declaring a Contractor Dofauh and has requested and antennpted to arrange a conNrcnee with Contrazor and Surety to be held rtgt later than 15 clays after receipt rrf such notice to discuss rnctltods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shalt be allowed at reasonable: tine to perFarm the Cc ntrraci, but such an agreement shall not waive Owner's right, if any, subsequently to dcc:larc a Conlractor Ocfiaulk; and 2.2 ()wner has ch!clared o C;ontracwr Del`ault and formally terminated Contractor's right to complete the Contract, Such Contractor Default shall not be declared earlier than 20 days after Contractor aad Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agrood to pay the Balance of the Contract Pricc to: 1. Surety in accordanec: with the terms of ft Contract; or 2. /1Jtuthcr tarrtruet(tir SC'IeCtrd perrrrlant t(a.l'artr �rtialt 3.3 t(1 perform [lie Contract. 3. When Owner hoc satisfied the conditions orl aragraph 2, Surety shall promptly, and at Surety's expense, take one of the f'ollowing actions: . 3.1 Arrange for C;•Orgractor, with eortserlt Of Owner, to perform and complete the Contract; or 3.2 •LJrxlu take to perivrrn ;wd ccrir pictc ilia Contract itsalf, through 49 al mlis or tllroul;h iwicpcndcrat contractors, or 3.3 Obtain bids air, ncgutiatcd proposals from quah icd contractors ureceptabic to Qwnur fig a contratg ro; perforrtrr<n" and Conal>letior� os the Contra" arraltge for a contract to be prepared for ex=action by Owner and contractor selected with Owner's concurrence, to be secured with perfornamice and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contra, and pay to Owrtc'r the amount of;a:t'augas as described in Paragraph 5 in excess ol'tho B;0wic:c of the Colttxact Price incurred by Owner resulling from Contractor Der'aatIt; Or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contraacior, and with reasonable promptness tinder the circumstattces: 1. After invm igation, determine the amount for which it may be liable to Owner and, as soon as practicable after tlae amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify C?wner citing reasons therefor. 4, Ir Surety docs not procti;c] as Irmwkicd in Paragraph 3 %pith rctasonahle prornpLaOSs, Surety shall be dec=*1 to be in defaailt oil this Bond t5 days after receipt of :an additional writtet'r notice fl-om ()%v er 10 Surety demanding that Surety perform its obligations tunderthis Bond. and Owner shall be entitled to enforce any rcrnedy available to Owner. IF Surety procwds m provicdcd in Parigr,apla 3.4, and Owncr refuses the payrttettt to adcrcd or Surety has ddnicxl liability, in witcare Or ill part, without fturthor notice O;viler shall be unliticd to enforce any r=Wy available to Owncr, 5. Rhes Owncr has tcrminated Contractor's right to ooniplctc; Slav Contract, and ifSurcty cleats to act under Purautr ph 3.1, 32, or 3.3 above, then the msponsibihiiew of'Surcty to Owner shall not be Srcrtlwr [hurt these Of C'ontraetor under the C: ontrac;, aid the responsibliiites of Okvtac:r to Surety+ shall not be �"Aler that[ those of Owner- under the Contract. To the limit orthe amount of this Bond. but subject to commitment by Owner of the Balance of the Contract Price to mitigation of c is and damages on the Contract, Surety is obligated without. dup4cation fear; EJCDC C-410 rerfurinance fiend (2007)�- Vrcparc 1 by tLr Fbliatrrr■ d4srt1(:4Irifrwt 1>tjtjj&Wnjg (:vtrlu,rtrrc- OrrnF 13. 13P;,vZof3 5.1 The responsibilities of Contractor for correctiota oi'del"ective Work and completion of the Contract; 5,2 Additional logal, design prolbmional, uctt cicluy costs mrsulting r'rom Contractor's DuAtult, and resulting from the actions of or fai'are to act OrSurety under Paragraph 3; acid 53 Liquidated dmnaage:s, car if no liquidated ctarntages are spcciflcd in the Conimct, actual damages causal by dcluycd performance m non-performancc of Contractor, G. �ktrc(-y sha11 no', br liable to Vwrtt r or ethers 1m obligutii)% of Contractor Ulm are unrelated to the Contruct, ami the !Bland: of tire: Conlrtt;:t MCC shall not be reduced or set off (1n account of any such unrclatod obligations, No right of aatiort shall acerin 00 this BOW to any person or crltity other than Owner or its heirs, cxcautms, administrators, orsu=c5sors. 7. Surety hereby waives notice of tory clmge, including changes of tirrtc, to Contract or to related subcontracts, purchase orders, zmd Other obligations, 8. Any proce-,ditig, lepl or equitabic, under this Bond rimy be instituted in any court of competent jurisdiction in the Iodation ill whiolt the Work or part orthe 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 fail.5 to perl'omi its obligations undor this Band, whichever occurs first. If tide provisions of this paragraph, are void or prohibited by law, the minimum period of limitation availatilc to sureiies as a defense in the jurisdiction of the wit shall beapplicable. 9. Notice to Suroty, Ow•ncr, or Contractor shall be nwiked or (lciNcrW to Ibc addre ss shown on the signature P"190- 10. When this Bond has burn furnished to comply with a statutory requirement in the location where: the Corltraet was U) be performed, any provision in this Bond conlliating with said stat wry requirement sllall be deemed deluted hcmfrom a -ad provisions conforming to such switilory mquiTurricnt ~hall be ciccrnc,d ilicorporatcd bercin. 'flat; inicrit is that this Bond shall be construed as a stattatory lxmd ,arid not as a common law brad. ''-1. Definitions. 11-1 Balance of the Contract Price: The total amount payabic by Own(„ to Contractor unripr the Contract triter all proper adjustments have hccn made, including allowance; to Corilmotor of any amounts ruccivcd or to bc: r(x eirrd by Owner in settls.•rrtent (if insurance or other ClaRns for damarva-i to wbic h Contractcu is orititlad, roduixd by all valid and proper payments meads to or on behalf of Contractor tinder the Contract. 112 Contract: 7'he agreement between owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 C'ontmolor Dofault: Fz hire of Contractor, which lass neither beets rcmediod nor waived, to perform or 01.h(cnvisc to comply with the* ic:rmq of Ifi4 Contract. 11.4 Owner Default: Fail= ofOwncr, which has taeither been remedied racer waived, to pay Contractor as requircd by tlae Contract or to pierrortn and cornplete or otherwise comply with the: other terms thereof FOR INFORMATION ONLY w (Name. Address and d vthp tone) Surety Agrmcy or Broker: J. W. Terrill, Inc., 825 Maryville Centre Drive, Suite 200, Chesterfield, MO 63017 (314) 594-2700 0wrtar's Representative (EnginrL,,r rrr anter tudrtY): UCUC C -619 Pertoralaloce Bond (2007) lhrpure;i by VIC Enzinern Joint Cue;r.r( I)uCuedrals commlltc17. ._.. — iiprir 1:5.33#`P�c;4olg PAYMENT BOND Any eit.gulur r -:R rrnce to C'ontmetor, Suruty, DEvttor, or other party small be courildiared plural where applicable, CoNFR-AC:T(7R Wime and Address): SURETY (Name, :ind Address of PrIbicipal Place or Insituforrn Technologies USA, LLC 5vsinP5s); 17988 Edison Avenue Travelers Casualty and Surety Company of America Chesterfield, MO 63005 One Tower Square Hartford, CT 06183 OWNER (NameanaAddress): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Wrootive Date of A mcmcnt: Amount, $118,620.00 (One Hundred Eighteen Thousand Six Hundred Twenty and Not -100 Dollars) Description eNtwne and Location): 2012 Sanitary Sewer Lining Project City Project No. 915 BOND Stantec Project No. 193801583 Monti Number., 105846863 Date (Not earlier than EffeCtive Bate of Agrcc'errlent) Amount- $118,620.00 (One Hundred Eighteen Thousand Six Hundred Twenty and Noll 00 Dollars) Modifications to this Bond Perot None Surety and Conlr3ctor, intending to be legally boundforth Mow, hereby,subject to tnc terms set forlow, do f,-ach cause chis Payment Bonet. to bu duty executed by an, aalhnrixed of5"T, n;cnt, or representative, CONTRACTOR AS PRINCIPAL Insituform Technologies USA, LLC (Seal) Contractor's Name atld COW. rate Seal By. #ttt' —H. DouCl!gs Thomp§ Print Name SURETY By, Travelers Casualty and Surety ComLmnX of America (Seal) Surcty's Name and Corjzctrtxte Seal Print. Ptnvc`r Vice President Attorney -in -Fact Ti Tit Sig, torr Jana Lause SiCr at Kristen L. Lucas Contracting and AnestiM Officer Witness....._. _� .................. Title Title Nate: Pani t-mecution by additional pertleS, sucfr Z3sjtsint venturers if ncCess3ry. f'JCDC C•075 Pqn- mf 1%iio I2W71 PrvporeCt Uy titre F rigineerS Jor,H Conti gM 1?rcr urns Commkior.. 0061 13.1G ?nnr•, 1 of 3 a 1. Contractor and Surety. joitttly and severally, bind themselves, their heirs, executors, adilliniWatar-5, successors, and usMigns to Ownor to pay for labor, 3natorial», and equipmcn( furnished by C:ltzirnant:,� roe ase in the per'iomiance of the Contract, which is incorporated herein by rcfcrenc€, 2. With respcet to Owner, this obligation shall be null and void if Contractor_ 2,1 Promptly rttakes payment, directly or indirectly, for all sums duc Claimants, and 2.2 Defends. indemnifics, and holds haril1less 0-ncr f-ronj all clailms, dcmands, liens, or suits reneging non-payrrie;nt by Contractor by any persorz tar craity who fitrinislied fabor, materia 6, or equipment for use in the performance (if the Contract, provided Owner has prumptly notified C`orttraCtor and SurcLy (at the addresses described in Paragraph 12) of any c:iainis, demands, Jitng, or writs and 0.`xrdereri defense of sttcli claims, dcmand5, Heels, or suits to Contractor and Surety, turd provided that is no Owner Default. 3, With respect to Claimants, this obligation small be null and void if CoritrttCLcrr promptly makes payrtu nt, directly or indict c#iy, for all sums clue. 4. Surety shell `r3ave 110obligatrnn to Cla[rttanis under this l and until: 4.1 Claimants who ure employed by or have a direct contract with Contractor have given notice; to Surety (at tho a4dress described in l.'ara�vaph 12) and sent a copy, or notice thereof, to Owncr, stating that a clairrn is feeing tntrde under this Bond and, wilsn subg#antial accuracy, the amount of the claim. 4.2 Claimant; who do not have iz direct cantract whir Contractor: 1, 14ave furnished writicrt trotice to Contractor and sent a copy, or notice thereof, to 0er, within c10 days afi4r having last perfonricd labor cw lam furnished rnatcrials or Nuipmunt ktuluded in the claim slating, with subs(arltial accuracy, tilt: amount of the claim and the Mine of the party to whom the materials or crluiprnont werte Airnishrd or supplicd, or %r whorl the labor was done or perforinlcd-, and 2. i -lave either reucived a rejection in whole or in part from Contractor, or not received within 30 clays of furnishing the: above notice any communication G•om Contractor by which Contractor had indicated the c:laint will be paid dircc:tly or indirectly; and 3. Not staving been paid within the above 30 days, lntive; sent a written notactr to Surety (at the address des0bcd in Par-agraph 12) and sent a ropy, or notice thereof, to Owner, stating that n claim is heing made under this Bond and t rncicnsirrg a copy of the previous written notit c f lmi,shed to Contractor. 5. illi r,tstiCr by a C lairrnant required by Paragraph 4 is provided by owner to C:ontmctor or to surc;ty, chat is sunicient compliancx. 6. Wbi n 4 C;la.intant ]las satisficts the conditions of Pilragraph 4, the SurctY shall promptly u nd at Surety's cxpcnse tale the fullowing actions: (r_ l Send seri answer to that Clairtignt, with a copy to Owner, within 45 dteys after receipt of the claim, statim tare amounts that are undisputed and the bw;is ror chane -aging arty anjounts that arc dispulcd. 6.2 Pay or arrange for payment of any Lindisputed amounts. 7, Surety's total oblisatinn snail not exceed the amount of111is Bond, and the amount of this Bond shall 1.-4 credited for any p tyrtneril , erratic in Lmod E'aith by Surety. & Amounts owed by Owner to Contractor tender Clic .Contract shall be used for the perfcnrrraence of the Contract and to mlisfy csainis, if any, under any pLrformuncc bond. By Corltr'avwr ftirnishing anJ Owner accepting this Bond, they extra: that all funds carred try Contr'z=r in tilt; pterl'nrmance of the Contract are dcdictatcts 4) satisfy oblig:.tti❑ns of Contractor and Surety under this fond., subject to owner's priority to use tint° fiends Poria- completioxt of the Work C_tcDc c-r)is Payrmnt uond (200?) Pri,pand by IN CnEten� ars. Joins Gantract C3ncumttnt: Cc�mrriitkfrq. W61la.15Pa 02 f3 9, Surely shall not be hablu to Ownor, ClAimssnN, or others for obligations of >;.:oritnicim that ;rr[s unrelated to the Corilmot. Owner shall not ba liable fpr payment of any costs or cxrCnscs or any Clainiai7t under this Bonet, and shall NIVO Under this Bond no obligations to make payriwity to, give notices on behalf of, or odbortivisc 1mvc obligations to Claimants under this Bond, 14. Surely hereby waives notice: of'any c;hangc, including changes of time, to the Contract or to rclalcd suboorttracis, purchase orders, and other obligatiorz. 11. No suit or action shall be commenccd by a Cl tin anj under this Bond other than in a court of competent jurisdiction in the location in which the Work or pari of the Work is located or rifler the expiration of sista year from the d2te (l) on which the: Ciaim;in( Suver the notice required by Paragraph 4.1 or Pstrag ph 4.2.3, or (2) on which thv last labor or service was performed by anyone or the iws( niatenaEs or egtstpinerit were furnished by atiyone wider the Contract, whachevor o(- (1) or (2) first occurs. 1f the provisions of this paragraph are void or prohibited by law, thn mininiurn period of limitatioih available to sureties aq a del`ense in the jurisdiel ion of'tho suit slhall lit. appiicuble. 12. Notice to Surety, Owner, or CoIhtractor shall the mailed or delivcre d to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, lhowcvcr accornplisbad, shall be sufficient compliance its cif lite clot[: received at the address shown on the s hitt al are page. 13. When this Bonet has been furnished to Comply with a statutory rcquircmc-nt hi tlhc location where the Contract was to be performod, any provision in this frond conflicting with said statutory requirement shall be deemed delcmd iic:ref-rom and provisions conforming to such statutory rcquirettham shall be deemed incorporated hprcin. The intent is that this Bond shall be eche trued ns a statutory Bond and not as a corrunon law hand_ 14. Upon resgUU.S.t of any periost or entity Appearing to be a potential beneficiary of this Band. Contractor shall promptly farnislh a copy of ibis Bond or shrill Vermtt 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 subcorwuctor of Contractor, to furnish labor, materials, or equipment for use; in the perfommnce of the C'ontrttet,. 'rho intent of this Bond shall be to inelride w0out limitation in the terms "labor, materials or t:quipnhcnt" that part -of water, gas, po ver, fight. heat, coil, gasoline, telephone service, or retrial equipment used in the Contract, architectural and engineering sorviccs rcquircd for licrlar171anC0 of t11e Wcark, Of C Ontrahotor and Contractor's subcnntraclors, sand all odor items !'or which a nieL inic's lien may be asserted In the jttrMietion where the labor, matmials, or cquiprtitmt were furnished, 15.2 Contract: The agracrneni between Owner and Contractor idcratifie i on the signature page, including all Contract Documcnta and changes thereto. 15.3 Owner Dcfuuh: F•'ailum of Owner, which has neither been rc:mtxliUd Tior waived, to fay Contractor as rcciuircd by tihc Contract, or to perform and cornplctc or otherwise comply with the other tarsus ther[�I FOR FNFO1tN�PION ONLY — (Name, Address, and Tefe'phons) Surety Agency or Broker, J. W. Terrill, Inc., 825 Maryville Centre Drive, Suite 200, Chesterfield, MO 63017 (314) 594-2700 Ow-am's ItTresc,'iltative (EmIneer or atherj: LJCt]CC•$'+5 R-tyment 13ajxl (207) Prepared by the rJ(y d1Y1.Brltf QanmYl wie. OC Liz 13Ab Pilau 3 nf',A State of Missouri County of St. Louis On , � a before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Barbara Buchhold known to me to be Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. S CL Kris an L. Lucas, Notary Pu lic KR18'�A� t.. LUCAS ptary public-NotauY Seal � � SOF t Loins C���1 My oommld6Von Exp�ea. at. 10, 2016 My Commission Expires: Comis'Von 11649866 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company SL Paul Guardian Insurance Company Attorney -In Fact No. 223577 Certificate No. 005007960 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the Stats of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Salena Wood, Debra A. Woodard, and Barbara Buchhold of the City of Chesterfield , State of Missouri , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in an� actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signets and their corporate seals to be hereto affixed, this day of August Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 21st St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GA5pUp'�y� �, 45RE 6 y �*M INg��y4 a� �NSyR F41Y gryG �Q1lp�flFF State of Connecticut City of Hartford ss. By: Georg Thompson,niar ice President On this the 21St da of August 2012 before me y personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.Ql;A C. My Commission expires the 30th day of lune, 2016. * p�L� * Marie C. Tetreault, Notary Public 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affmcd by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stales Fidelitt and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full foicc and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of iarii/r Kevin E. Hughes, Assistant Sec tary 20 pkBU,�J, Yrt1RE 6 C�*N, IksG9 J¢y tNaUq* ,RyTY 4R0� 007174 Y_ity 9�•62�'�. ;O � ��� '195f �sLx� Nom" T m}i'�S1SE.�AANAL'����afcn y �„_; ;��8p.p..u..R..4Tpne l g[°`/yH^f A�RT�F_IXiF6�\/j¢ �n 0 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This document has important Iegal 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 . fi4 14�BriL�rl1 ear N�Io�9►8f lio�laEt�j►1�. �a�htel}rs%Ptfie� AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by "Ov, CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.ora American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc o Z 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 Constraction 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................................................................................ Article 2 — 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 (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 007205 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work..................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests....................................................................... 37 8.06 Insurance...................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals........................................................................ 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. t'ac 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 I I - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 AIlowances....................................................................................................................... 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 DeIayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National society orProfessional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 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 Obligations................................................................................................ ... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings..................................................................................................................... .. 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace iv 00 72 05 ARTICLE 1-- DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 I 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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. Pare 3 of 62 RN 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 fiarnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCAC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page d of 52 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: 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 007203- 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. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to E TCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AIR rights reserved. Page 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaaeS 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 in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society o[Profenional Engineers for EJCDC. All rights reserved Paim 9 of 62 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 furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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: 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: 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 007205 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 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 C 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. I. 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 EJCJ)C. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 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 (u) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 bongs, 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: L 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page I7 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 furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 Conditions, owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJC4C. All rights reserved. Page 19 of 62 _ 007205 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B 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 then 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 parry in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 21 of 62 00 72 05 and insurance required of such parry by the Contract Documents, such parry shall notify the other parry in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 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 bice, 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. Pave 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function .and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 007205, 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.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by 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 C 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 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 6.063), 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 abjection 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 26 of 62 007205 F. The divisions and sections of the Specifications and the identscations 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 E7CDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EdCDC. 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: 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2A of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work.- During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All 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 attecting 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 Iimited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, -any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved 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: 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 C 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 617.C.1. E. Resubmittal Procedures: 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. 6.14 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; I 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: the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EdCDC. 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 6.2 1, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or 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. Pate 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 RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. P.TCDC 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 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for E7CDC. 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 AppIication 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. _ Page 41 of 62 _ 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If 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 parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 .007205 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim i� in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.0l .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 ® 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 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. L The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.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 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.0I.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.013, 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: 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. Pace 46 of 62 001205 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if - 1. f 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.B.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 12.01.0. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0LA. 1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs 1ricurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional 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.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.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, 11.01.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 12.01.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted 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 ® 2007 National Society of Professional Engineers for EJCJ)C. All rights reserved. Pase 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 13.03.13 below; EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 44 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 ttie 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 atter 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 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belie£ 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 reconnnendation); 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 (i 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 e. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of 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 ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Paee 56 of 62 7205 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 ofProfessional 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: L 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 fiunish 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 EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, tmal 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 5.0 1, 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 l waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pam 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 40 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: I. 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 EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. 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 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.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 suras for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and fimnishing 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 Iimited 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 40 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. Pace 61 of 62 007205 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 parry to submit the Claim to another dispute resolution process; or 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 62 of 62 00 72 05 1. delivered in person to the individual or to ,r member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Proiessional Engineers for EJCDC. All rights reserved. Pate 63 of 62 00 72 05 SECTION 00 73 05 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 -1.02 Add the following new paragraph immediately after Paragraph 1.02.1=: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall bei are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Invitation for Quotes. 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 known 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. 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. SUPPLEMENTARY CONDITIONS © 2012 Starrtec 1 193801583 007305-1 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.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $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 5.04.6.4 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 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. © 2012 Stantec p 193801583 SUPPLEMENTARY CONDITIONS 007305-2 SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 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 01." 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. SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 7 - OTHER WORK AT THE SITE ARTICLE 8 - OWNER'S RESPONSIBILITIES ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SUPPLEMENTARY CONDITIONS © 2012 Stantec 1 193801583 007305-3 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.B Amend the first sentence of Paragraph 10.05.6 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.65 Add the following new item immediately after Item 14.0235d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.6, 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 SUPPLEMENTARY CONDI (TONS © 2012 Stantec 1 193801583 007305-4 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 -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, 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. the inclusion 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 Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION © 2012 Stanbec 1 193801583 007305-5 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes I. , Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2012 Sanitary Sewer Lining for the City of New Hope, Minnesota, City Project No. 915. B. Description of Work: Project consists of rehabilitation of the sanitary sewer by installing cured in-place liner. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, proauct stockpiles, material storage, and temporary construction shall be confined to the pavement surface between the manholes of the sewer segment(s) being lined. 2. Contractor shall assist and provide Owner access to the construction area for snow removal and disposal 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. Access to Site 1. Residents shall have access to all side streets and driveways at all times. PART 2 PRODUCTS Not Used. © 2012 5tantec 193801583 PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2012 Stantec 1 143801583 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 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1— Winnetka Avenue — Add to Total Base Bid 1. In general the Work of this Alternate No. 1 includes additional rehabilitation of the sanitary sewer by cured in-place lining on Winnetka Avenue. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: I. Documentation to substantiate Bid Unit Price work. PRICE AND PAYMENT PROCEDURES ® 2012 Stanbec 1 193801583 012000-1 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2012 Stantet 1193801583 012000-2 SECTION 01 31 00 PROJECT 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 W the Project and Included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call (GSOC) before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources; A Coordinate Work with all utility owners. All existing utilities are not shown on the Drawings. C. Owner requires a 48-hour notice for allutility interruptions. 1.04 PERMITS A. Comply with the stipulations of the foilowing permits, which have been applied for and will be furnished by the Owner: 1. Hennepin County Right of Way Permit B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. ') Fnrrincnr +hril� rot }hn timrs r•.ihna snr� nre,+r}a �n }he cnanrl . fnr th., mn.+l+.,..r 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. PROJECT MANAGEMENT AND COORDINATION O 2012 Stantec 1 193801583 013100-1 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 may 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 1 193801583 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 8.5 inch by 11 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. Provide space for revisions and notations. 3. Identify interrelations between activities. 4. 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 dean -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 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. SUBMITTAL PROCEDURE © 2012 5tantec 1193801583 013300-1 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. © 2012 Stantec 1 193801583 SUBMITTAL PROCEDURES 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 O 2012 Stantec 1 193801583 013300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART 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 1. All Work and costs of this Section shall be incidental to the Project and induded 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. Laboratory test results or analysis. B. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. © 2012 Stantec - 193801583 QUALITY REQUIREMENTS 014000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 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. 1.09 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 x PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2012 Stantec 1 193801583 014000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 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. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. 3. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. 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. 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. TEMPORARY FACILMES AND CONTROLS © 2012 Stantec 1 193801583 015000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. 3. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. 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. 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. TEMPORARY FACILMES AND CONTROLS © 2012 Stantec 1 193801583 015000-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Notify Owner when and which hydrants will be operated during construction. 3. Owner will pay for the costs of the water. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures ,and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.04 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. 3.,05 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. TEMPORARY FACILMES AND CONTROLS © 2012 Stantec 1193801583 015000-2 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 wam 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. Vehicle Warning Light 1. All Contractors, subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification 3845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 31318. C. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. 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. 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. TEMPORARY FACILITIES AND CONTROLS © 2012 Sta tec 1193801583 0150 DD - 3 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. 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 Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.07 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION © 2012 Stantec 193801583 0150 00 - 4 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 included 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. Instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these Instructions are applicable and more explicit or more stringent than requirements indicated In the Contract Documents. © 2012 Stantec 1 193801583 EXECUTION REQUIREMENTS 017000-1 B. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Protect hazardous work areas and hazardous material storage areas. B. Protect trees, unless specifically indicated on Drawings. C. If necessary, clean streets with mechanical street sweeper. D. 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 dean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 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.taxC@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2012 Stantec 1 193801583 017000-2 SECTION 33 01 38 PIPE REHABILITATION BY CURED -IN -PLACE -PIPE (CIPP) 1.01 SECTION INCLUDES A. Rehabilitation of deteriorated and leaking gravity pipe sections by installation of a thermosetting resin impregnated flexible felt fiber tube into a cured -in -place -pipe (CIPP). B. Related Sections 1. Section 33 08 31— Sanitary Sewer Televising, Cleaning and Inspection. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Sewer Rehabilitation With CIPP. Measurement will be per each liner installed in place per diameter and type of pipe. Payment will constitute full compensation for all work and costs to furnish and install the liner complete in place, including line clearing, dewatering, sealing the liner at the ends, service reconnects; testing, and pre -and post -installation television inspection and all other work associated with this 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 Society for Testing and Materials (ASTM); 1. D638 — Test Method for Tensile Properties of Plastics. 2. D790 — Test for Flexural Properties of Plastics. 3. F1216 — Rehabilitation of Existing Pipelines by the Inversion and Curing of a Resin Impregnated Tube. 1.04 SUBMITTALS A. Manufacturer's certification of compliance. B. License of certificate verifying manufacturer's/licensor approval of installer. C. Construction Sequence. D. Product data and manufacturer's recommended installation procedures. E. Cure summary after the approved curing schedule is completed. F. Installer Completed Project List Which Includes: Project name, the number, total length and locations of inversions installed to date, and the names and phone numbers of the facility owners. PART 2 PRODUCTS 2.01 CURED -IN-PLACE PIPE MATERIALS A. Felt Tube: I. The tube shall be supplied by the system licensor conforming to ASTM F1216. 2. The tubing shall be properly sized to the diameter of the pipe and the length of the pipe to be rehabilitated and be able to stretch to fit irregular pipe sections. PIPE REHABILITATION BY CURED -IN -PLACE -PIPE (CIPP) © 2012 Stamm 1193801583 330138-1 3. Physical Characteristics: a. Cured Pipe Physical Strength: Property ASTM Vinyl Ester Polyester Filled Test System System Polyester Method System Flexural Strength D790 5,000 psi 4,500 psi 4,500 psi Flexural Modulus D790 300,000 psi 250,000 psi 400,000 psi (Initial) Flexural Modulus D790 180,000 psi 125,000 psi 200,000 psi (50 year) 4. The felt tubular material shall be lined on 1 side with a translucent waterproof coating, such as polyurethane, polyethylene or polyvinylchloride (PVC), and be fully impregnated with a liquid thermosetting polyester or vinylester resin and catalyst system compatible with the inversion process. 5. No materials shall be included in the tubes which are subject to delamination in the cured CIPP. 6, The layer of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any 2 layers with a probe; nor shall separation of the layers occur during testing performed under the requirements of this Specification. B. Resin/Catalyst: 1. The liquid thermosetting resign used to impregnate shall be polyester, vinylester, or epoxy resin compatible with the approved liner and a compatible catalyst system. 2. The resign shall not contain fillers or additives, except those required for viscosity control, fire retardant, modulus enhancement, chemical resistance, or extension of pot life. 3. Thixotropil agents that will not interfere with visual inspection may be added for viscosity control. C. Structural Requirements; 1. The CIPP thickness shall be calculated and designed based upon the following physical condition of the existing pipe to be rehabilitated: a. All pipes shall be considered partially deteriorated. b. All pipes shall be subjected to soil load of 120 lbs./cu. ft. with applicable live lead and water table below the top of the ground. c. All pipes shall have a minimum of 2 -percent ovality in the circumference. d. Any pipelines running under highways, city streets, or other roadways shall be assumed to carry highway live loads of (16,000 lbs.). 2. Conditions may change after the TV report for later case by case design calculations. PART 3 EXECUTION 3.01 PRE -INSTALLATION PROCEDURES A. Remove roots and clean existing pipe by removing interior aeuris by bucketing, jetting, or other appropriate methods before the pre -installation television inspection at a cost incidental to the Project. See Section 33 08 31 for televising, cleaning and inspection requirements. B. Inspect existing sewer pipe by remote TV camera immediately before installation to locate breaks, obstructions, and defects. Allow the Engineer to review TV inspection DVD's. Verify whether service wyes and connections are active with pan and tilt TV camera inspection. C. Provide for flow of sewage around the sections of pipe to be rehabilitated. D. Clear line of obstructions. Obstructions may include but not necessarily be limited to solids, dropped joints, protruding service connections, or collapsed pipe. PIPE REHABILrTATION BY CURED -IN -PLACE -PIPE (CIPP) © 2012 Stantec 1193801583 330138-2 3.02 RESIN IMPREGNATION A. The Contractor shall designate a location where the felt tube will be impregnated. B. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. C. Impregnate tube prior to installation. The Engineer shall be advised of time and location of vacuum impregnation and shall be allowed to witness procedure, unless impregnation is completed offsite. Contractor to provide 24-hour notice before Work is to begin. 3.03 INVERSION USING HYDROSTATIC HEAD A. Insert impregnated tube through manhole by means of an inversion process. Insert tube into the inversion standplpe with impermeable plastic membrane side out. Turn tube Inside out at the lower end of the inversion standpipe and attach to the standpipe to create a leak proof seal. Apply hydrostatic head sufficient to fully extend tube to termination point. Adjust the inversion head to be of sufficient height to cause the impregnated tube to invert from manhole to manhole and hold the tube tight to the pipe will produce dimples at side connections and Flared ends at the manholes. Use lubricant as necessary. B. Care shall be taken not to overstress the felt tube at the elevated during temperatures which may cause damage or failure prior to cure. 3.04 CURING USING CIRCULATED HEATED WATER A. After the inversion process is completed, the Contractor shall supply a suitable heat source and water throughout the section to uniformly raise the water temperature above the temperature required to affect a cure of the resin. The resin/catalyst system manufacturer shall recommend the temperature. B. The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the layers of the impregnated felt tube in the upstream, downstream, and intermediate manholes to determine the temperature during curing. C. Water temperature In the line during the curing period shall be as recommended by the resin manufacturer. D. Initial cure maybe considered complete when the exposed portions of the felt tube pipe appear to be hard and the remote sensing device indicates the temperatures to be adequate as recommended by the resin/catalyst system manufacturer. E. Curing using steam rather than using heated water is acceptable. Precautions should be taken to supply sufficient steam pressure, to minimize steam condensation resulting in water build-up in the inside bottom of the resin liner being cured or as an alternative provide for the discharge of the condensate through a small tube inserted at the low point of the resin liner. 3.05 COOLING DOWN A. Cool the hardened cured in place pipe to a temperature below 100 degrees F before relieving the water column: PIPE REHABILUATION BY CURED -IN -PLACE -PIPE (CIPP) © 2012 stantec 1 193801583 330138-3 1. Cool water may be added to the water column while draining hot water from a small hole at the end of the cured in place pipe so that a constant water column height is maintained until cool down is completed. B. Careful attention shall be taken not to cool too quickly to eliminate the possibility of thermoshock. 3.06 SERVICE CONNECTION A. After curing reconnect existing services: 1. Service reconnects must be accomplished as soon as possible, and within a minimum of 24 hours of beginning the inversion process. 2. Maintain sanitary sewer service during the installation process. B. Reconnection shall be done without excavation from the interior of the pipe by means of a television camera and a cutting device that reinstates the service to not less than 90 percent of their original capacity: 1. The Contractor shall certify that there is a minimum of 1 complete working unit plus spare key components on the site before each inversion. 3.07 FINAL/FINISH A. The liner shall matte a tight seal at the manhole opening with no annular gaps. This procedure shall be completed before proceeding to the next manhole section. B. The finished pipe shall be continuous over the entire length of the sewer section. The finished liner shall tightly conform to the walls of the existing pipe. C. No gap or annular space between the finished liner and the host pipe shall be allowed or be visible at the manhole, sewer service connection, or other exposed points within the finished liner section. 3.08 QUALITY CONTROL A. Televise interior of pipe after completion of work and provide submittals to Owner as described in Section 33 08 31. B. Test samples of the cured material for physical strength specified herein before a sample will be taken from the wet out tube, clamped between flat plates, and cured in the down -tube. C. All CIDP pipes should be tested using an exfiltration test methods where the CIDP is plugged at both ends and filled with water. This test should take place after the CIPP has cooled down to ambient temperature. This test is limited to pipe lengths with no service laterals and diameters of 36 inches or less. The allowable water exfiltration for any length of pipe between termination points should not exceed 50 U.S. gallons per inch of internal pipe diameter per mile per day, providing that all air has been bled from the line. During exfiltration testing, the maximum internal pipe pressure at the lowest end should not exceed 10 ft (30 m) of water or 4.3 psi (29.7 kPa), and the water level inside of the inversion standpipe should be 2 ft (0.6 m) higher than the top of the pipe or 2 ft (0.6 m) higher than groundwater level, whichever is greater. The leakage quantity should be gaged by the water level in a temporary standpipe placed in the upstream plug. The test should be conducted for a minimum of 1 hour. END OF SECTION PIPE REHABILITATION BY CURED -IN -PLACE -PIPE (CIPP) © 2012 Stantec 1 193801583 330138-4 SECTION 33 08 31 SANITARY SEWER TELEVISING, CLEANING AND INSPECTION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer cleaning, televising and inspection of pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 0138 — Pipe Rehabilitation by Cured -In -Place -Pipe (CIPP). 1.02 PRICE AND PAYMENT 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 SUBMITTALS A. Submit the following items consistent wim section 0133 UU: 1. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. 2. Electronic Copies: Televising reports shall be submitted in pdf format. One pdf shall be created for each section of pipe located between two manholes. Each report shall be named with a number matching the City's pipe identification number. The identification number for each section of pipe shall be provided to the Contractor at the preconstruction meeting. 3. Identification Spreadsheet: Provide in Microsoft excel format with the city's pipe identification number for the pipes that were cleaned and lined. Individual televising reports, images, and video must correspond to the pipe id. A sample spreadsheet can be provided by the City upon request. 4. Any images taken must be provided to the City in .jpeg format or a format that is approved on by the City 5. Reports and video shall be provided for both pre -and post -Installation televising inspection. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Commence televising only when pipe and structures are clean and free of dirt or other foreign matter. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION Qc 2012 Stantec 1193801583 33 08 31 -1 3.02 SANITARY SEWER TELEVISING A. General 1. Televising shall be performed on all gravity sanitary sewer lines that will be rehabilitated using cured -in -place -pipe (CIPP). 2. Format-- The video will be submitted in a DVD format with both audio and video. 3. Camera — The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each Wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 4. Rate — The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH-#, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), Wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine upstream and down doghouses for water tightness. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sag in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each wye or service tap location with station and orientation (Example: Wye right, 3 o'clock). 7. Note direction of flow using east, west, north or south. 8. The complete report and DVD shall be submitted to the Owner/Engineer within 14 days after the completion of the televised segments. 9. Include color photos/images of defects in the written report. E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. 3.03 SANITARY SEWER CLEANING A. Cleaning Equipment 1. Hydraulically propelled equipment. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2012 Stantec 1 193801583 330831-2 a. Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapse at any time during the cleaning operation s to protect against flooding of the sewer. b. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. c. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. 2. High -Velocity ]et (Hydro cleaning) Equipment. a. All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. b. The equipment shall have a selection of two or more high -velocity nozzles. c. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. d. Equipment shall include a high -velocity gun for washing and scouring manhole walls and floor. e. The gun shall be capable of producing flows from a fin spray to a solid stream. f. The equipment shall carry its own water tank, auxiliary engines, pumps and hydraulically driven hose reel. 3. Mechanically Powered Equipment. a. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. b. Machines shall be belt operated or have an overload device, c. Machines with direct drive that could cause damage to the pipe are not permitted. d. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. e. The rod shall be specifically heat treated steel. f. The machine shall be fully enclosed and have an automatic safety clutch or relief valve. B. Cleaning Precautions 1. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. 2. When hydraulically propelled cleaning tools or tools which retard the flow in the sewer lines are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. 3. When possible, the flow of sewage shall be utilized to provide the necessary pressure for hydraulic cleaning devised. 4. When additional water from fire hydrants is necessary to avoid a delay in normal work procedures, the water shall be conserved and not used unnecessarily. Contact New Hope Public works to obtain meter. No charge will be associated for water use. 5. No fire hydrant shall be obstructed in cast of a fire in the area served by the hydrant. C. Sewer Cleaning 1. The cleaning of the sewer lines shall begin upstream and work downstream. 2. The sewer manholes sections shall be cleaned using hydraulically propped, high -velocity jet or mechanlcally powered equipment. Selection of the equipment shall be based on the conditions of lines at the time the work commences. 3. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. 4. If cleaning of an entire section can not be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning shall be attempted again. 5. If successful cleaning from both manholes can not be completed, the Contractor shall contact the Engineer. SANITARY SEWER TELEVISING, CLEANING AND INSPECUON 0 2012 Stantec 1 193801583 33 08 31- 3 D. Root Removal 1. Roots shall be removed completely where root intrusion is a problem. 2. Any roots which could prevent the seating of the packer or could prevent the proper application of chemical sealants should be removed. 3. Procedures may include the use of mechanical equipment such as rodding machines, bucket machines, and winches using root cutters and porcupines and equipment such as high -velocity jet cleaners. E, Chemical Root Treatment 1. Chemical root treatment may be used at the option of the contractor to aid in the removal of roots in manhole sections. 2. The application of the herbicide to the roots shall be done in accordance with the manufacturer's recommendation and specifications in a manor to preclude damage to the surrounding vegetation. 3. Any damage to the vegetation shall be repaired at the Contractors expense. 4. All safety precautions as recommended by the manufacturer shall be adhered to concerning handling and application of herbicide. F. Material Removal 1. All sludge, dirt, sand, rocks, grease and other solids or semisolid material resulting form cleaning operations shall be removed at the downstream manhole of the section being cleaned. 2. Passing material from manhole section to manhole section, which could cause line stoppages, accumulation of sand in wet wells, or damage to pumping equipment, shall not me permitted. G. Disposal of Material 1. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the contractor. 2. All materials shall be removed form the site no less often than at the end of each workday. Under no circumstances will the contractor be allowed to accumulate debris on the site of work. H. Final Acceptance 1. Acceptance of sewer line cleaning shall be made up on successful completion of the television inspection and shall be to the satisfaction of the Owner. 2. If TV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to re -clean and re -televise the sewer line until cleaning is shown to be satisfactory. 3.04 SEWER FLOW CONTROL A. When sewer line depth of flow at the upstream manhole or the mannole section being worked in is above the maximum allowable for television inspection, the flow shall be reduced to the level shown below by operation of pump stations, plugging or blocking of the flow or by pumping and bypassing of the flow as specified. B. Depth of flow shall not exceed that shown below for the respective pipe sizes as measured in the manhole when perfor ing television inspection. Maximum Dept of Flow for Televising 12" - 24" Pipe 250/b of pipe diameter 27" & up Pipe 301/10 of pipe diameter SANITARY SEWER TELEVISING, CLEANING AND INSPECTION © 2012 5tantec 193801583 330831-4 C. Plugging or Blocking I. Perform bypass pumping as need to complete the work. 2. A sewer line plug shall be Inserted into the line upstream of the section being worked. 3. The plug shall be designed so that all or any portion of the sewage can be released in accordance with the Engineer. 4. During N inspection, flow shall be reduced within the limits specified above. 5. After the work has been completed, flow shall be restored to normal. D. Pumping and Bypassing 1. When Pumping and bypassing is required the Contractor shall supply the pumps, conduits and other equipment to divert the flow of sewage around the manhole section in which work is being performed. 2. The bypass pump system shall be of sufficient capacity to handle existing flow at peak flow times. 3. The Contract shall be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypass pumping system. If pumping is required on a 24-hour basis, engines shall be equipped in a manor to keep noise to a minimum. E. Flow Control Precautions 1. When flow in a sewer line is plugged, blocked or bypasses, sufficient precautions must be taken to protect the sewer lines from damage that might result from surcharging. 2. Precautions must betaken to insure that sewer flow control operations do not cause flooding or damage to public or private property be served by the sewers involved. END OF SECTION SANITARY SEWER TELEVISING, CLEANING AND INSPECTION p 2012 Stantec 1193801583 33 0831 -5 Customer; City of Now Hope Inspection Report for pg 138 In New Hope 12-20-11 Contractor: Infratech 21040 Commerce Blvd Rogers, MN 55374 1-600.55334M Date I Time Operator Street city Work Order No., [1211.5111 12:30pm i'Ron Heaser Medicine 1 wise Rd ew Hape Start Manhole Depth End Mahhold Depth Pipe Mize Pipe Material Total Length 15B 12 ft. 15 _� r___ . _-� '15 In. CP --- 81 ft Section Type Direction Pre -Cleaning Weather Vehicle ,Score Video File Tape ID I Start Time snits ry --- �Jpstream �_.__ ............ �..__ . _._. _ _ _ J Isc 16 trBGEt 5 Iq ot�� 2.269 Oft O.00 ft. J 58.00 ft - 4 -3 t - 215 381.40 ft. Ranhole--Start Oanhole 301 Pipe--lavr Hsnhole-Nct .on Map, 138 215A Hunb.ole-End Manhole Report creates! by Visual Pipes@ on 01111112 Page I of 1 Section: pg 138.. 215B to 215 Customer: City of NeW Hope Inspectlort Report for p9139 In New Hope 12-20-14 Contractor Infratech 2100 Commerce Blvd Rogers, MN 55374 1-800-533-4244 Date ILTIme Operator street City Work Order No. 112115/11 12:45pm ... .... ... Foh,�jeaser 1�Lake Rd :New Hope Start Manhole Depth- End Manhole Depth Pipe Size Pipe Material Total I-ength [M ft.- �i �:1513 —.-- I — 2J4 - - -- -------------- ....... ... . ........... . ........ 71 ! —E�-� - �Cp. _ 1 N9 fl. Section Type Direction Pre -Cleaning Weather Vehicle Score Video File Tape ID I Stan Time b�nitary Lovvr!��-am--j L [---7 iso 16 track 6 Notes 2158 214 0.00 ft. Mabhole-Sr-art Manhole 200.00 ft201 pipe -Lour 245.00 fit. -Drop Tee Z49-00 ft. Xanhote-Xnd Hamhole RePOrt created by Virwal Pipes@) On 01/11/12 Page : of 1 Section: pg 139, 2155 to 214 J -1 A 1 1 J I e ------------ - . . . . ....... ......... .. . CLOSED CIRCUIT TELEVISION INSPECTION Page: 27 SEWER ON Ease -Hera Fast of Que.aec:Avwnue DATE 11/23194 FROM MH oat; VIEWING Dwnstrm to West TO MH 046 SURFACE Sod/Railroad Tr~ack$/ Bituminous SEWER LENGTH 376 PIPE DIA 8,, TYPE CIP/DIP SECTION LENGTH 20' SANITARY x STORM MISC VIDE© TAPE 94-2:1146-1664 FTG Service Connections FIELD FINDINGS Photo L Trip R Q MH .Q56, Second manhole East of Quebec Avenue 42 Pipe changes to DIP 82 Resume GIP 166 MH 055, First manhole East of Quebec Avenue 0 26 Pipe changes to DIP 46 Resume CIP 172 Start elbow to left 174 End elbow to left 210 MEQ Q46 at Quebec Avenue NOTE: Light to moderate scale buildup on CIP portions of this setup, ,q F n 11 0 PT- - a E{ El eps r;tri SOUDIFIC "CN, INC. 7233 WINNETKA AVENU5 NORTK MI NNEAPOUS,M INN ESOTA 654213 (5121 536.1065 INSPECT ION REPOWNST JJ.iI F: -§L-9-89 - _ p.11WE IN10. - 5 FOR: --itw H y of tie._..Pe. .5 A:T: _. New..Hopq, Minnesota ON: Scrtn .:f vL-ii,:im r.dke baai FRO.\1: MILI K-51 1 — To� -- KH z:ti_57 XNE: DI:ANIETER: 9 In . ROAD SURFACE - PIPE 11"INGTH: .5 kt. ASPIULT DEPTH: _10 .._ Ft. CONCRETE 1XNF.UNGTH: ..388 Ft. GRAVEL EASEMENT SA '.NrL'ARY x _. _ t."I DER S I'0R\1 _ . GONSTRUCHO-N UFHER: WE, C: AS1' IRON CLAY x CONCRETE D["C.iILF PVC: TYPE OF AREA: •I RA'\S1 i E WXWERC:IAL . TRUSS INDi;STMAL OTHER RE SIDLI I IAL UNDEVELOPED 'WE: EXISTING x.__ _ _. OTHER- NE14 SII€ l 2 to 92 13 41 is REMARKS Manhole #Q-58 Service Right wye oft Service Right wye ok. Roots in joint #1 Service Right wire ok Service wye ok Manhole #Q-57 L i.a e: i3 quite dirty through cut i C."IERA DIRECTION- I?OWNSTRLA11 _ x UATREXXI — -., U E CONDITION: GOOD FAIR mac_ POOR MANHOLE 0OND1110:4: GOOD FAIR POOR VIDEOTAPE LtiF4: TYPE: VM SPE k.T1: ER Video Photo Ft. No. 3515 3740 i 22 9 422 f El --Wer. SOUDIFICATION, 0C. 7233 Wfr%NF.TKA AVENUE NORTH MINNEAFOUS, MINNESOTA 56428 1612) 535 1065 IT INSPECTION REPORT L D,Vl!h PAGI-l' NO. 74 FOR: Citi Cif NeLw--Ho-pg— — Al Hpai�k,_Minnesota ON•: Fasement.North-pf Medicine :-)ake Road FROXI: TO: LINE: DIANIETFR, 9 In ROAD SURFACE: PIPE 1;1-'\GT'H: _5 Ft. Aspif U DEM.; . 10 Ft. CONCRETE TINE LENGTH: J.94 Ft, GRAVEL 37 ..Roots in joint #4- 38 Service Riqh.t.._._.wy..e. - roots in Saye UNDER S,roR.xf Roots in joint..._#4 CONSTRUC I ION' 115 --Roots -inpoint #3 (YFIIER- TYPE- CAsr iRo-N Service Right wye small rots CLAY _Luvt pip�. 2 2',-- xtch-ez �.ow CONCRETE Wnhole #0-58 35.I5.-- DU TILE x PVC TYPE OF AREA: TR.\,N-Srl E CO.NnIERCIAL TRUSS INDUSTRIAL --2L— o rHf R RESIDENTIAL 00 UNDEVELOPED EXISTINNG x (IFHFR: NEW Roots in joint #4 C&MERA DIRECTION: DOWNSTREAM UATREA-NI , — LINE CONDIVON: GOOD FAIR POOR NIAINHOLE CONDITION: GOOD FAIR POOR V1DECITAPF INFO: TYPE: -tris SPELD: Ep - It. Video Photo NIH RENTARKS 00 Manhole #Q-59 at luevada Avenue 3475 17 Roots in joint #4 ---------- 37 ..Roots in joint #4- 38 Service Riqh.t.._._.wy..e. - roots in Saye 39 Roots in joint..._#4 115 --Roots -inpoint #3 136 Service Right wye small rots 170-190 _Luvt pip�. 2 2',-- xtch-ez �.ow 194 Wnhole #0-58 35.I5.-- N Ora M-89 0 GNOM wfA 31 2 #4422 %AN , PAKE ERIAL ABOR TAX Quo SOUDIRCATIO , 11v"e. 7233 iPfNNETKA AVENUE IUaF2TH =7 MINNEAPOLIS., MINNESOTA 66428 L ' ' 19 , 'a 4612) 535.1065 TV INSPECTION REPOW DATE- 6-9-89 _ PAGE No. --.73 _ FOR: _4_ity of Now_ A1,: i e_io Hopq,_ -Minnesota ON: 949*"nt North of medicine Labe Road FROM: -:��i AQ --54_ TCi: _ _-- N4 it _ fQ-59_ LINE : Ire. ROAD SURFACE: PIPE LE.t�CrIII. -, -__ Ft. ASPHALT DEPTH. 10 _. F:t. CONGRETF LUNE LE-NGTH.- 2152- Ft. GRAVEL 93 Service Right wye ok EASEMENT S.L'IIT:A.RY x 117-260 UNDER STORM Roots in join. #3 146 CONST RL'CIIO.N 150 Roots in joint #3 1.55 OI'IIER: I i PE: CAST IROI4 Seraieta Right =.rye - s;.:a1.1 rjots 9n kye 262 'ydnho3.o #x1-59 zt. 11-eva6a -%v.. nuo CLAY CO:1 CRETE DUCrILF', PVC TYPE OF kRIA TRA, 111, COMMERCIAL TRUSS ENDUS`I"R AL . _ x 0113hR RESIDENTIAL i C" -NUDE' ELOPED hXISTING .-x_ OUTER: NEW Y t. From Mll REMARKS 00 #p-64: 12-22 Low pipe 1 inch low 57 Roots in joint #1 - joint is leaking 75-105 Low pipe I - 1 inches low 92. Jt,3_nt dripping 93 Service Right wye ok 105 _ Roots in joint 45 117-260 Dirty 3/4 inch Qf debri,a 141, Roots in join. #3 146 Roots in joint. J2 150 Roots in joint #3 1.55 Roo )tw in :tu nt 12 202 Seraieta Right =.rye - s;.:a1.1 rjots 9n kye 262 'ydnho3.o #x1-59 zt. 11-eva6a -%v.. nuo CAMERA DIRECTION: 1 Q N.S I REXXI . _ x uPSTRE.1m --- LINE CONDITION: GOOD FAIR x POOR MANHOLE CONDMON: GOOD -x FAIR POOR VIDEOTAPE INFO - TYPE: SPEED: SSP Video Photo Ft. No. 3310 22 uUz� it x 0-59 Jg2. ;L 01141 a•rtir. �� MATE 'tOTAL t 0 TV JNSp,2CT � ES0U,[X-.qCAT10Fd,1PJC- DATE: PAGE NO. 7= WffQNf-rKA AVENUE NORTH FOR: City_ of New eL MINNEAPOLM MINNESOTA b6428 AT: New �_qppg 11innesota 1612) 536 1065 ON: E4;�q�nt N. side Medicine Lake RO-U3 x r Rom : MH LQ -65 4L: DIAMp.rFR- -9 In. ROAD SURFACE: IIIPL LLNG ME - � Ft. ASPHALT I)Ep,ril. J 2 I't, CONCRETE JJ.%F LUNG TH: 1 ZE kt. (31PLAVEL EASEMENT. SXXYFARY LNDER STORM CONSTRUC110IN 01TIER- Ph. CAST IRON, CUAX X-- (110-NCRUE PVC ME OF AREA: T R. k.N*,rs'f T E COMMERCIAL TRUSS INDUSTRIAL oll-ILR RESIDENIIAL UNDEVELOPED Lxi.�mm- x 0111ER. NIM CAMERA DIRECTION- DoWNSTRLAM — A— UPSTRLAM — JJ,NF, CONDITION: GOOD FAIR POOR M&NUOLIE CDNDMON: GOOD .FAIR POOR VTDEOTAFE MO: npE. SPEED: Video Photo F REMARKS t. No. manhole #Q-65 just west of Louisiana Avenue 3235 .in parking lot under tree Se vice Right Wye ok Man ode #Q-64 M 3.310 00552�,, 6 R7 6087 3 u,"I h v rec jo Stm,,2-, A�idrcr-L Purpose Corr Des,.mrlwn Pt w;no 'kf,%m.vAf tp!*Vafn M ! Pol 1.If)itt Sac I iteria" I f;.tz! L S—,;Vvf :at- 4, l -,7"1 E�Vrv'.,Yed .. ........ Secyrr-c-tt Ref. E-W'Veor'4, Wm o CvvttzaN NLrr.t,.T.% Ulf, CuL�o Sac I iteria" I f;.tz! L S—,;Vvf :at- 4, l -,7"1 E�Vrv'.,Yed .. ........ V. H CA V. H ' •i +r a-.rw;ih "�^.J-! ;r.a�., i'.°�` �ctc-„?;vrr7: -..{ C'Irr :'?S'. �i it �F-' rf{. • .7i _.ir: t.. - :K -Y' Si� �'ldi':•°..1 .�l f '��:�...�b`,'.+i1'c i _.... ....,�* _ ma Co ia con mor'.G 41 C+txr kft an Tivwl 17 .Now TA S F-Ipse I CFis'' z7. NaMC r. t:v r At -t z7. 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No. C.; crus -e'� sts n v ;e T EmitKo� "ta tj AVL IL FT , I� jL�r�-' �� • � � � C•�LCTiJ,LTL�°J�� F 3TF N Y iL 111 4rti � L LL -4 f [ L - 14. m r V F a loo r' � `•: r � �.: ��.� � �*?'�.,�''�' Lam!"�-. �1 � �i Nno PROJECTLOCATION C �CD RD NO 70) 27TH AV h m rf1 PROJECT LOCATION 7 4 NEW HOPE, MINNESOTA 03 2012 SANITARY SEWER LINING f= (YmICINE LAKE RD) 2TRi AVE N FIGURE 1 1938015830F01.dwg DATE:AUG 2012 COMM:1938015830F01 0 1250 2500 sees In lost 4- r i N S N 9AV VNVISinoi LU I » GVO2llM 'd '� y Ln Lu �w s°x, M i Q -j �S N •~ m ¢ O 0094 1094 � os UK 609/ 6094 e N T e� 9 N FV VOW3N N � � UF; 4 LU w m LM 0 Do 0 LU L] GVO2llM 'd '� y N N 0094 1094 � os UK 609/ 6094 e N n 9T9Z 9T9L LT9LOl 0092 bZ9L EZ9L 'P2 rr ZE9L l wW ? �f oocc `f T SFr Y 90LL N � N M1 N � o N O Lu 9TL4 �Y TOM � a ozLL i N r Y n� oosL s°a` s OTS, ^ 679L zz UF; 4 LU w m LM 0 Do 0 LU L] �- Iry I-� I2 la I- .� I_IW Ie Im� I'��a a, rn a+ m o% co as ao w I� n a N N N N N N N N N N N N N N ry IN 0091 T09L .. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, 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 Lockton Companies,LLC-1 St. Louis Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314)432-0500 eT NAME PHONE rM A� No r:.MAIL ADDRESSl INSURE AFFORDING COVERAGE NAIC N INSURER A : Liberty Mutual Fire Insurance Company 64 23035 INSURED Insitufonn Technologies USA, LLC 1348057 17988 Edison Avenue Chesterfield MO 63005 INsuRER s : ntee and Liab. Ins. Co. 26247 INSURER C: Liberty Insurance Corporation 64 42404 INSURER D : ACE American Insurance Company 11 22667 INSURER E : INSURER F: CeVFRAGFS TWgTPii2 2235(CERTIFICATE NUMBER: 12036710 REVISION NUMBER: XXXX)LXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTR LT TYPE OF INSURANCE ADD 2m SUBR WVPPOLICY NUMBER POLICY MMID E7CP LIMITS A GENERAL IL LLABILITY MMERCIAL GENE ILITY Y N TB2-641-004218-032 7/1/2012 7/1/2013 PREMISES Ea occE TO urnenoe S 350,000 MED EXP tkw one anon A CLAIMS -MADE X OCCUR BROAD FORM PD/C0NTRACr JAL PERSONAL 5 ADV INJURY S 21MS000 A X Independt Contractor PER PROJECT AGG. CAP $20M XCU GENERAL AGGREGATE $ X AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMPIOP AGG GEN'L $ POLICYL9PRO LOC A AUTOMOBILE LIABILITY UINED (a accident) S2.000.000 BODILY INJURY (Per Person) $xx ANY AUTO BODILY INJURY Peraxlden ALL AUTOS ED SSCC,HrEDULED NON -OWNED HIRED AUTOS AUTOS I PROPERTY DAMAGE $ �X a XXXXXXX B X UMBRELLA UAB X OCCUR Y N AUC3818508-11. 7/1/2012 7/1/2013 EACH OCCURRENCE $ 10.000.000 AGGREGATE $ 10-000,000 EXCESS LIAR CLAIMS -MADE DEC, X I RETENTIONS $0 $ CANY WORKERS EMPLOYERCOMPENSATION AND EMPLOYERS' LIABILISY PROPRIETORIPARTNER/FXECUTIVE YIN OFFICERIMEMBER (Mandatory in NH) EJ(CLUDED7 N !A N WA7-64D-009004-042 WC7 641-004218-012 (WI & OR) 7/1/2012 7/1/2012 7/1/2013 7/1/2013 X TO L! ER - E.L.EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $ 1 000 000 'yyees, describe under DESCRIPTION F OPERATIONS below E.L. DISEASE- POLICY LIMIT S 1,000, 00 D INSTALLATION FLOATER N N 120406045010 7/1/2012 7/1/2013 SEE ATTACHED LIMITS DEDUCTIBLES: VARIOUS PER POLICY SCHEDULE DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHICLES (Aaach ACORD 101, Additional Ramada Schedule, If more apace k required) RE: 2012 SANITARY SEWER LINING PROJECT, CITY PROJECT NO. 915. CITY OF NEW HOPE AND STANTEC CONSULTING SERVICES INC. ARE ADDITIONAL INSUREDS UNDER GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND UMBRELLA LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS WHERE APPLICABLE BY WRITTEN CONTRACT, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS. IrFRTIFICATE HOLnFR CANCELLATION See Attachment ACORD 25 (20ID105) The ACORD name and logo aro reglatemd marks of ACORD q!1 woeeo-I u At: Ku uLPKruKAT1uN. An ngnrs reserved SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN . ACCORDANCE WITH THE POLICY PROVISIONS. 12036710 AUTHORIZED REPRESENTATIVE CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428 ACORD 25 (20ID105) The ACORD name and logo aro reglatemd marks of ACORD q!1 woeeo-I u At: Ku uLPKruKAT1uN. An ngnrs reserved Installation Floater, 100% Co -Insurance, Replacement Cost, Special Perils Form Limits: $10,000,000 (maximum) per jobsite Sublimits (including but not limited to:) $2,000,000 In Transit $500,000 Temporary Storage $1,000,000 Soft Costs $1,000,000 Rigging Subiimit/Annual Aggregate Limits: $10,000,000 Earthquake except: $2,500,000 Earthquake (WA, OR, AK, CA and various New Madrid zones) $10,000,000 Flood except: $2,500,000 Flood (Zone A, V, D and 100 year) $1,000,000 Named Windstorm (First Tier Counties & Parishes) Miscellaneous Attachmrd: M468M Master ID: 1848057, GartlRrata ID: 12038710 COUNCIL - Request for Action Originating Department Approved for Agenda Agenda Section Public Works Consent April 8, 2013 Item No. By: Guy Johnson I By: Kirk McDonald, City Manager 6.9 Resolution approving final payment of $5,841 to Insituform Technologies USA Inc., for the sanitary sewer pipe lining project (improvement project No. 915) Requested Action Staff recommends the Council approve a resolution authorizing a final payment of $5,841 to Insituform Technologies USA Inc., for lining approximately 4,350 feet of sanitary sewer pipe in the southeast comer of the city. Policy/Past Practice In the fall of 2003, the city initiated its I/I reduction program. One of the initiatives that began during implementation of the program included lining sections of sanitary sewer pipe identified as having groundwater infiltration as a result of conditional deficiencies. From 2004 to the present, lining sections of sanitary sewer pipe has been an annual maintenance activity as staff and the City Council have realized the long term benefit of both the continued reduction of Inflow/Infiltration of groundwater into the sanitary sewer system and extending the life of the city's infrastructure. Background The 2012 capital improvement program included the installation of linings of the city's sanitary sewer collection system. Staff recommended that the city continue lining sections of sewer pipe in areas identified with infiltration and condition issues. Aside from the benefit of reducing I/I, the lining of sections of sanitary sewer pipe in the city also extends the useful life of the sanitary sewer infrastructure. The pipe lining process takes place from manhole to manhole. Motion by 'IIIZ- b Second by To: y IARFA\PUSW0RKS120131915-2012 Sewer Lining Final.doc Request for Action April 8, 2013 Page 2 The sections of pipe lined were nine -inch diameter clay tile and 15 -inch reinforced concrete pipe in the neighborhood between Winnetka Avenue and Louisiana Avenue, north of Medicine Lake Road. The bid proposal opening was held on October 1, 2012. The City Council awarded the contract to Insituform Technologies USA Inc. on October 8, 2012. Funding Insituform Technologies' original bid was $118,620. The actual value of work completed was $116,820. The engineer's original cost estimate for this project was $115,000. Funding for the 2012 sanitary sewer lining will come from the city's sanitary sewer fund. Attachments The engineer's memorandum, the resolution, and the final pay request are attached. I:1RFA\PUBWORK5\2013\915-2012 Sewer Lining Final.doc City of New Hope Resolution No. 13-60 Resolution approving final payment of $5,841 to Insituform Technologies USA Inc., for the sanitary sewer pipe lining project (improvement project No. 915) WHEREAS, the city entered into a contract with Insituform Technologies USA Inc., for relining of 4,350 linear feet of sanitary sewer pipe; and, WHEREAS, staff is recommending that the Council adopt a resolution to approve final payment to Insituform Technologies USA Inc., in the amount of $5,841; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Insituform Technologies USA Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That the City Council approves the final payment to Insituform Technologies USA Inc. 2. That the city manager is hereby directed to authorize the final payment of $5,841 to Insituform Technologies USA Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of April, 2013. d Mayor Attest: City Clerk m Stantec Consulting Services Inc. `- 2335 highway 36 West St. Paul MN 55113 r Tel: (651) 636-4600 r` Pax: (651) 636-1311 fe*i.1,t5.. r - March 29, 2013 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 2012 Sanitary Sewer Lining Final Payment Request Client Project No.: 915 Stantec Project No.: 193801583 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the 2012 Sanitary Sewer Lining project. The contractor, Insituform Technologies USA, Inc., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $5,841.00 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 $118,620.00. The contract included no change orders. The Final Construction Amount is $116,820,00, which is less than the Original Contract Amount. Due to less lining material quantities required, this project had a $1,800.00 under run. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Signed Final Pay Request, IC -134 Forms Cc: Guy Johnson — New Hope; Mark Hanson, Jason Petersen, Rohini Ray — Stantec Owner: City of New Hope, 4401 Xylon Ave. N. New Hope, MN 55428 Date: February 20 2013 mWA !%P' For Period: 1/30/2013 to 2/20/2013 Request No: FINAL sb"tec Contractor: InsituFarm Tedmologies 17988 Edison Ave. Chesterfield MO 63005 CONTRACTOR'S REQUEST FOR PAYMENT 2012 SANITARY SEWER LIMING STANTEC PRO?ECT NO. 193801583 CTIY PROTECT NO. 915 4 SUMMARY 1 Original Contract Amount 2, Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 SubbDtal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended far Approval by: STANTC Approved by Contractor: INSTTti ATECHOI.OGIfS USA, LLC Specified Contract Completion Date: 193801583 R EQ2FINALxdsm Approved by Owner: CITY OF HOPE Date. //-1-/3 $ 118 620.00 $ _ 0.00 $ 0.00 $ 118,620.04 $ 116 0.00 $ 0.00 $ 116,820.00 $ 0.00 $ 116,820.00 $ 110 979.00 $ 0.00 21FINAL $ 5 841A0 Approved by Owner: CITY OF HOPE Date. //-1-/3 No. Item BASE BYD: 1 MOBRMTION 2 TRAFFIC CONTROL 3 BYPASS PUMPING 4 SEWER RBiAM L1TATION WITH CIPP, 9- 5 SEWER REHABILITATION W]TH CIPP, IS - TOTAL BASE BID: ALTERNATE NO. 1- WINNETKA AVENUE 6 TRAFFIC CONTROL 7 BYPASS PUMPING 8 SEWER RBiAB]MATION WrM CIPP, 9" TOTAL ALTERNATE NO. 1 - WINNETKA AVENUE TOTAL BASE BID.- TOTAL ID:TOTAL ALTERNATE NO. 1- WWNi:M AVENUE TOTAL WORK COMPLETED TO DATE 193807 583RE02FINAL-,dwn $94,090.00 730.00 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Data LS 1 2020.00 1 $2,020.00 LS 1 2400.00 1 $2,400.00 LS 1 3700.00 1 $3,700.00 LF 2680 22.50 2600 $58,500.00 LF 670 41.00 670 $27,470.00 $94,090.00 LS 1 900.00 1 $900.00 L5 1 330.00 1 $330.00 LF 1000 21.50 1000 $21,500.00 $22,730.00 $94,090.00 730.00 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 915 STANTEC PROJECT NO. 193801583 CONTRACTOR INSITUFORM TECHNOLOGIES USA, LLC CHANGE ORDERS No. Date Description Amount Total Chan a Orders PAYMENT SUMMARY No. From To 01129120131 - 5.841.00 Material on Hand 1.00 Total Payment ro Dare $5,841.00 Ori incl Contract 118 620.00 Retainage PaV No. FINAL Chan a Orders Total Amount Eamed $5,841.00 Revised Contract $118,620-00 193801583RE02FI NAL xlsm PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2012 SANITARY SEWER LINING 1938015830F01.dwg DATE:AUG 2012 COMM -1938015830F01 0 1250 2500 Smb In I«1 30TH AVE N Z T. 2060 29M8940.-L....I .... 2931 lz .- ... I jj pi 9 10 2M ------- 2925 ........... F- 2924 M. 2929 --2924 .... ..... .... 1 A 2916 1 F 2916 i 21 2910 2917 290o 2900 . . . . . . . . .............. .......... 055 2864 -T--- [2840 -1 1 _ R 2848 0 2.. 2= TERRALJNQA - L DL6 2802 2B17 2816 I . . 2738 - .1.1 2800 � 2751 71 2748 7 rnZ 2730 2718 21m pJ 2732 270!................ 2716 2720 2730 271 x < 2700 b 0 x 2740 go 7900 i 2919 7101 2900 2731 T I '\ 2730 2701 7100 I MEDICINE LAKE RDEIFU—NE'D' 50* rn be PROJECT SITE NEW HOPE, MINNESOTA FIGURE 2 2012 SANITARY SEWER LINING 1938C1583OF02.dwg DATEAUG 2012 COMM: 193801583OF02 2901 2857 219 Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-870-015-744 Submitted Date and Time: 5 -Mar -2013 2:49:43 PM Legal Name: INSITUFORM TECHNOLOGIES USA LLC Federal Employer ID: 43-1319597 User Who Submitted: 3560426 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: 1772552192 3560426 CITY OF NEW HOPE 915 101779 01 -Oct -2012 31 -Dec -2012 CITY OF NEW HOPE MINNESOTA 2012 SANITARY SEWER LINING $116,820.00 Subcontractor Summary Name ID Affidavit Number RITTER & RITTER SEWER SERVICES, INC. 2825000 1104412672 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 Drint this confirmation P for your records using the print or save functionality built into your browser. https:llwww.mndor. state.mn.usltplretrieve?type=PrintFriend&key 1=839732736&key2=271... 3/5/2013 Insituform Technologies USA, LLC 580 Goddard Avenue Chesterfield, MO 63005 FINAL LIEN WAIVER Reference that certain Agreement between Insituform Technologies USA, LLC as Contractor and the City of New Hope Minnesota as Owner, on Project known as: City of New Hope Minnesota 2012 Sanitary Sewer Lining Project No 915, Santee Project No 193801583, for work to be performed by said Contractor. Reference also that certain Invoice No(s) of Contractor to said Owner in the amount of $116,820.00 for work, labor and materials installed in or furnished for said Project by and through Insituform Technologies USA, Inc., of which Owner has made payment in the amount of $116,820.00, leaving an unpaid balance in the amount of $0.00. Contractor acknowledges receipt of Owners remittance for the amount of $116,820.00 as final payment and contingent upon the final clearance and payment of said remittance, and further Contractor agrees to and does hereby waive and release said Property, Project, Owner and Owner from any and all liens, statutory or otherwise, for any and all work, labor and materials furnished by or through Insituform Technologies on said project to and including the work, labor and materials to the extent of payment in the amount of $116,820.00. The remittance of Owner identified as payment of $116,820.00 marked "paid" or otherwise canceled by the bank against which said remittance was drawn shall constitute conclusive proof that amount was paid and that said payment thereof was received by Contractor and this Lien. Waiver shall become effective automatically and without requirement of any further act, acknowledgement or receipt on the part of the Contractor named herein. Dated this ` (V r& day of Y , 2013 Insituform Technologies USA, LLC By: _.< .�- Title: #"fj rJ j��li�Cs�I1C Subscribed and sworn to before me, the undersigned Notary Public within and for the State of Missouri, and the County of Saint Charles, this twenty sixth day of Februarv, 2013 in the City of Saint Charles. sok Q Notary Public within and for said County and State: My commission expires: March 19, 2015 ELIZABETH A. HECKENKAMP Notary Public -Notary SeGI STATE OF MISSOURI St Charles County My commission Expires: Mar. 19. 20 15 c®mmis o # 116 0 https://www mndor.state.mn.ushp/retrieve?type=PrintFriend&key 1=... MINNESOTA- REVENUE ENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 1 -Mar -2013 11:15:54 AM Confirmation Number: 1-218-661-632 Name: RITTER & RITTER SEWER SERVICE INC ID: 2825000 Affidavit Number: 1104412672 Project Owner: CITY OF NEW HOPE Project Number: 915 101779 Project Begin Date: 10/31/2012 Project End Date: 11/2/2012 Project Location: CITY OF NEW HOPE 2012 SANITARY SEWER LINING Project Amount: $13,087.81 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please print this confirmation page for your records using the print or save functionality built into your browser. 1 of 1 3/1/2013 11:16 AM Ritter & Ritter Sewer Services, Inc. 1208 Air Park Drive Aitkin, MN 56431 FINAL LIEN WAIVER Reference that certain Agreement between Ritter & Ritter Sewer Services, Inc. as Subcontractor and Insituform Technologies USA, Inc. as Contractor, on Project known as: Ci1Y of New Hope Minnesota 2012 Sanitary Sewer Lining Project No 915, Santee Project No 193801583_,, for work to be performed by said Subcontractor. Reference also that certain Invoice No(s) of Subcontractor to said Contractor in the amount of $13,087.81 for work, labor and materials installed in or furnished for said Project by and through Insituform Technologies USA, Inc., of which Contractor has made payment in the amount of $13,087.81, leaving an unpaid balance in the amount of $0.00. Subcontractor acknowledges receipt of Contractors remittance for the amount of $13,087.81 as final payment and contingent upon the final clearance and payment of said remittance, and further Subcontractor agrees to and does hereby waive and release said Property, Project, Owner and Contractor from any and all liens, statutory or otherwise, for any and all work, labor and materials furnished by or through Insituforrn Technologies on said project to and including the work, labor and materials to the extent of payment in the amount of $13,087.81. The remittance of Contractor identified as payment of $13,087.81 marked "paid" or otherwise canceled by the bank against which said remittance was drawn shall constitute conclusive proof that amount was paid and that said payment thereof was received by Subcontractor and this Lien Waiver shall become effective automatically and without requirement of any further act, acknowledgement or receipt on the part of the Subcontractor named herein. Dated this day of 2013 Ritter &er Sewer Services, Inc. By: Title: Subscribed and sworn to before me, the c ted Notary Public within and for the State of and the County of!W this day of 2013 in the City of� Not blit within and for said County and State: My commission expire KORM WM AW N OND ERA ANA AMR 0; NOTARY PUBLIC-mNNEsou Aly Comm. ft. JW). 31, 2017