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IP #903Request for Action Originating Department Approved for Agenda Agenda Section City Manager January 17, 2012 Work Session Item No. By: Kirk McDonald, City Manager 1 By: Kirk McDonald 11.2 Discussion regarding installation of rain garden at New Hope Golf Course D T1 [ Requested Action Staff requests to discuss with Council the idea of installing a rain garden/native plant area at the New Hope Golf Course. New Hope resident and former Shingle Creek Commissioner, Diane Stauner, initiated the discussion on this topic in October 2011 with the golf course superintendent. T have requested, and she has agreed, to attend the work session to discuss the idea with the Council, so interest in the potential project can be determined, and next steps discussed. The directors of public works and parks and recreation will also be in attendance. Policy/Past Practice The city coordinated with a property owner during the 2006-2007 infrastructure project on the city's tirst rain garden, and a rain garden was recently completed in conjunction with the 2011 infrastructure project. Some neighboring cities, Crystal and Robbinsdale, have implemented rain gardens at their public facilities. Background Per the attached correspondence, the idea of implementing a rain garden or native plant area at the golf course has been discussed since last fall, and staff thought it would be beneficial for the Council to discuss this idea and provide direction to staff. The golf course parking lot currently drains directly into the southernmost settlement pond at the golf course, and the area along the west fenced border that is not being used for golf has been suggested for native plants and to possibly treat parking lot runoff. Ms. Stauner has communicated with the Shingle Creek engineer regarding treating the parking lot runoff and potential eligibility for a 25% project cost match from the watershed CIP. Other funding sources could include other grant sources, such as Legacy Act Funds, and the city's storm water fund. In general, staff is supportive of the concept of pursuing water quality improvements at city facilities if long term maintenance issues can be addressed, and the plans minimize tree loss. Staff is seeking Council direction and feedback on this matter. Please refer to attachments for further information to assist with the discussion. Attachments Photos Correspondence 2009 memo/golf course storm sewer Funding opportunities Motion by Second by To: I:RPA/CityManager/2012/Q-DiscussRainGardenGolfCourse 011712 McDonald Kirit From: Sent: emeadowik@aol.com To: Monday, October 10, 20112:55 PM Cc: Johnson Guy Subject: McDonald Kirk; Severson Mark New Hope Golf Course Parking Lot Hi Guy, Would you be able to supply me with the dimensions of the new parking lot at the New Hope Goff Course? The golf course parking lot currently drains directly into the southernmost settlement pond. Mark Severson mentioned there is turf grass at the southwest comer of the golf course and along the west fenced border that is not being used for golf and could be planted in native plants, and possibly used to treat the parking lot runoff. I asked Ed Matthiesen (Shingle Creek Watershed engineer) and Mark Severson to meet me at the golf course. I asked Ed if there was a way to treat the parking lot runoff . Ed said one section of the curb about 5 feet from the storm grate could be removed, a sediment catchment structure could be installed and the slope could be modified. Then the slope could be planted in native plants and the parking lot runoff would be channeled to the native plants. Since the area is large and sloping, 1 don't think an underdrain is necessary to ensure drainage. Ed mentioned this project could be put on a CIP with Shingle Creek contributing 25°% of costs. A grant to help with costs may be available from Hennepin County. Costs would be: Removal of one section of curb and install of a curb cut, adjustment of slope: $1500 Sediment trap from Anoka County (same as the one in the new rain garden being installed on this year's road project): $600.00 Plants: $100 to $200 (my estimate) Native grasses, flowers and shrubs will improve the health of the soil near the pond. Reduction of the force of flow from the parking lot would result in better water clarity in the pond. Since the pond is so visible at the entrance to the golf course, it makes sense to do what we can to beautify the area, I am asking for the dimensions of the parking lot so we would know how big the rain garden would have to be to treat the first 1 inch of rainfall on the parking lot Also, does the entire parking lot flow to only one stormwater grate? Thank you, Diane Stauner emeadowlk ol.com McDonald mirk From: Johnson Guy Sent: Tuesday, October 11, 2011 10:01 AM To: 'emeadowlk(Maol.com, Cc: McDonald Kirk; Rader Susan; Severson Mark; Markham Shawn Subject: FW: Goff Course Parking Lot Area Hi Diane, Below is the engineer's calculation of the square yardage of impervious surface for the parking lot. Guy From: Chris Long[mailto: Chris. Long@bonestroo.com] Sent: Tuesday, October 11, 20119:51 AM To: Johnson Guy Cc: Mark Hanson Subject: Golf Course Parking Lot Area Guy, As requested, the golf course parking lot area less the Island area is shown below: Surface Area (SY) Gross Parking Lot 3,888 Islands -195 Total Impervious Surface 3,693 Let me know if you have any questions. Thanks Chris Long, PE Bonestroo, now Stantec Tel 651-604-4808 Cell 651-492-7747 rlstooher.lono0stsMec com stantec.com Bonestroo has Joined Staniee a professiOwl services consulting frim recognized forits leadership in sustainability, depth and diversity of talent, and technical expertise. The content of this email Is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stanteds written authorization. If you are not the Intended recipient, please delete all copies and notify us immediately. Please consider the environment before printing this email, From: emeadowlk@aol.com [mailto:emeadowlk@aol.com] Sent: Thursday, October 20, 20119:39 AM To: McDonald Kirk; Johnson Guy Cc: Severson Mark Subject: Fwd: New Hope Golf Course Hello Kirk, Guy and Mark, I sent the results of a percolation test and pictures as attached of the possible parking lot infiltration area at the southwest side of the New Hope Golf Course to Diane Spector and Ed Matthiesen on October 15. 1 have have not heard from them yet and will follow up with Ed Matthiesen. Diane Stauner emeadowlk(&aol.com —Original Message ---- From: emeadowlk <emeadowlk@aol.com To: dspector <dspector@wenck.com> Cc: ematthiesen <ematthiesen@wenck.com> Sent: Sat, Oct 15, 20118:20 pm Subject: New Hope Golf Course Hi Diane and Ed, I have more information on the New Hope Golf Course parking lot. It measures 3,693 square yards per Bonestro. As you know, Mark Severson, the Golf Course Manager would like to infiltrate runoff from the parking lot and use native plants on the southwest side of the golf course ponds for a nature trail. He's trying to increase the profitability of the golf course and decrease his costs. I attached some pictures. The parking lot was installed in 2010 with no infiltration. All the golf course ponds are heavily polluted with no strong plants to anchor the soil. After a rain the water is brown, or green with algae in summer. The large empty lot to the west of the golf course contained apartment buildings that were removed and the City is looking for developers. That lot has peat soil that goes down 30' or more. I chid a percolation test over a 24 hour period in two locations in the available golf course area. The first We was dug on higher ground that slopes down from the parking lot. The second hole was dug on the lowland below the slope in an area that could be a rain garden.Both percolation holes were 8" squares and approximately 8" deep. Both were filled with water and allowed to infiltrate overnight. On the next day, the hole on the slope still had water remaining but the one on lower ground had no water. I filled both holes with water again to begin the percolation test.Water level measurements were taken at 15 minute increments for the first hour, then at two hours, three hours and 24 hours. FIRST HOLE ON THE SLOPE: When I was digging the hole, I noticed the slope is very compacted, with 2" of dark topsoil, then gleyed subsoil at about 5" deep. The slope is about 30 feet long. First 15 minutes, infiltration of 314", then only 114" infiltration every 15 minutes. Total first hour was 1 112" Second hour, 318" infiltration Third hour, 318" infiltration When I checked the hole after 24 hours, there was 2 112" infiltration. Water still remained in the hole. SECOND HOLE ON LOWER GROUND where a rain garden could be planted has better drainage and fairly bright gold subsoil at about 5" deep. First 15 minutes, infiltration of 314". Next 15 minutes, 3/4". Next 15 minutes 1/2", then 112". Total first hour was 2112" Next hour, it infiltrated 1 114" Next hour, it infiltrated 1 114" When I checked the hole after 24 hours, it was empty. A dry streambed with underlying landscape fabric could carry water from a curbcut to a raingarden, and the slope could be planted in native flowers and grasses to break up the compacted soil. 3693 X 3 = 11079 sq. ft. A 6" deep raingarden would be 1897 sq ft. There is available space for a 1897 sq ft rain garden. From the parking lot to the pond, it is about 180', with about 150' of flat low land. Please give your advice/suggestions. Thank you for your help. Diane Stauner McDonald Kirk From: emeadowlk@aol.com Sent: Wednesday, October 26,20117:01 PM To: McDonald Kirk; Johnson Guy; Markham Shawn; Severson Mark Cc: ematthiesen@wenck.com Subject: Fwd: New Hope Golf Course design evaluation Attachments: New Hope Rain_Garder- evaluation.pdf Here are Ed Matthiesen's calculations and recommendations on the email below. See the attached raingarden shape and placement. Note that an underdrain is recommended, assuring that a large capacity of water from the golf course parking lot and possibly even from development at the adjacent lot could be Infiltrated on this site. A raingarden with underdrain is an excellent idea for this unused weak, compacted site. Native plants will help stormwater infiltrate over time as their roots deepen. They will help to filter out heavy metals and oil from the parking lot. They will build up soil stability so excess phosphorus in the soil does not wash into the ponds contributing to the growth of algae. Annual sloughing off of deep roots increases and balances soil fertility - no fertilizer will be needed in this area. People are attracted to areas that have a sense of place and a connection with nature. They remember vibrant color and movement as birds and butterflies make use of the habitat; a nice way to enter and leave the golf course. Please feel free to contact Ed Matthiesen to inquire about possible grant funds. I believe the exact path of the existing stormwater pipes from the parking lot to the pond needs to be provided by the City Engineer and compared with Mr. Matthiesen's drawings. I will contribute plant recommendations if you would like. My choices would contain flowers, grasses, and shrubs with recommendatios for shady areas also. Diane Stauner emeadowlk(Maol.com ---Original Message ---- From: Ed A. Matthlesen <ematthiesen@wenck.com> To: Diane Stauner (emeadowlk@aol.com) <emeadowlk(Maol.com> Sent: Wed, Oct 26,1011 5:06 pm Subject: New Hope Golf Course design evaluation I looked over the design options and here's what I've come up with. A 1" storm falling on the 3693sf parking lot will result in 308cf of water assuming all of it runs off. I made a design based on the foot print of the rain garden at 1,900sf with an assumed contour at 100. 1 then made a second contour at elevation 99 that is 5' towards the middle with a 5:1 slope. What this shows is that a 1" storm if distributed evenly over the bottom of the rain garden will only come up 42 . Capturing a 1° storm results in 90% treatment and it appears that a 1900sf rain garden will easily capture this volume. My recommendations: 1. Due to the poor draw down time an under drain should be installed. 2. The planting plan should plan on being wetter near the inflow from the curb cut and then being relatively dry at the slightly higher elevations. My guess is if the basin is 1' deep the lowest 0.5' should plants that can tolerate wet roots and the upper 0.5' transitional or mesic plants. 3. If runoff from the property to the west can be brought in at a later date some replanting may be necessary due to changes in hydrology but the basin should be big enough to handle as much runoff from another parking lot or hard surface of the same size. 4. A 5:1 side slope to a 1:10 side slope could be used. I've attached my drawings and calculations for your use. From: emeadowlk@aol.com Sent: Wednesday, November 30, 2011 1:03 AM To: McDonald Kirk Subject: Re: Rain Garden at Golf Course Hi Kirk, Sure, I will be happy to attend a work session in the future regarding a possible New Hope Golf Course raingarden. Diane Stauner --Original Message ----- From. McDonald Kirk <kmcdonald@ci.new-hope.mn.us> To: 'emeadowlk@aol.com` <emeadowlk@aol.com> Sent: Mon, Nov 28, 20113:41 pm Subject: Rain Garden at Golf Course HI Diane: I have been meaning to send you a note. I have been following the e-mails on a possible rain garden at the New Hope golf course over the past several months. I am very supportive of implementing environmental improvements on public properties and have expressed that to both our Directors of Public Works and Parks & Recreation. I would like to discuss the golf course rain garden idea at a council work session after the first of the year and was wondering if you would be willing to attend and share your ideas. If I are going to move forward with the idea and have staff spend time on this project and possibly seek funding via grants or find a wey to finance the improvements with city funds, I really would like the entire city council to be in the loop. I asked the "other Staunwawaer" if it was alright if I ran this by you and he said no problem. So, please advise me sometime in the future if you would be willi attend a future work session after the first of the yeafand if you are agreeable, we can coordinate on meeting dates. Thanng to ks. Kirk McDonald Kirk From: emeadowlk@aol.com Sent: Wednesday, December 28, 20115:18 PM To: McDonald Kirk; Johnson Guy Cc: Severson Mark Subject: New Hope Golf Course Raingarden Attachments: New Hope, -Golf Course Rain_GardenConstruction_Cosi Estimate_12-27-11.xlsx Kirk and Guy, In addition to previously providing New Hope with a raingarden design for the New Hope Golf Course parking lot, please see Ed Matthiesen's cost estimate attached and read his discussions of the project in the emails below. As he pointed out, there are various approaches to getting the work done, possibly with the aid of a $1,000 Shingle Creek Watershed Education Grant. Shingle Creek Watershed Education grants support projects that provide outreach and education of the public in better environmental practices. Although the grant limit is $1,000, the application process is a good roadmap to outreach. The application process requires writing up a grant application, listing the costs and purpose of the project. A newspaper article must be sent to a local newspaper like the Sun Post. Other ways to provide outreach to the public are possible involvement of youth in a way that educates them, and/or a permanent explanatory sign. None of these is difficult to accomplish and I can assist the City with the grant application. With the help Ed has already provided, he suggested that staff may be able to work out the remaining details. I would charge a low fee if you wish to use my native plant landscaping design services, but if you prefer to use other landscape designers that is still fine with me. I can also provide a follow up procedure to ensure the health of new plantings. My main concern though is just to see it done in order to improve habitat, visual appeal and water quality in the area. A raingarden in an otherwise unused area of the Golf Course is such a great idea Mr. Severson had, and this type of project saves the City money in the long run. Although these possible alterations will not totally correct the current condition of the first settling pond, they will go a long way toward improving it and protecting it from future degradation by infiltrating and cleaning stormwater before it reaches the pond and by slowing the onrush of stormwater in heavy storms that stirs up sediments making polluting nutrients available for algae. Heavy rushes of incoming stormwater also cause erosion of shorelands. The use of native flowers and grasses without a doubt will improve the existing soil structure in the area and trees in the area will benefit with increased disease resistance. All buffer zone areas surrounding all holding ponds and stream beds in the golf course can be stabilized with low growing plants to prevent the erosion of soils and leaching of excess nutrients into the waterbodies. I look forward to meeting with the City anytime after January 7, 2012. Diane Stauner emeadowlk@aol.com (763)533-5963 ---Original Message From: Ed A. Matthiesen <ematthiesen@wenck.com> To: emeadowlk <emeadowfk@aol.com> Cc: Judie Anderson <judie@jass.biz>; Diane F. Spector <dspector@wenck.com> Sent: Tue, Dec 27, 20118:38 am Subject: RE: Did you receive this? New Hope Golf Course Raingarden Thanks for resending this. I must have missed it. The attachment is my cost estimate for preparing the planting bed with a 6° under drain. I'm proposing an 8" planting bed that has 4' of compost mixed in to 4" of the native soil. On top of this I budgeted 3° of shredded mulch. This budget assumes the work is done by a'contractor with a 20% contingency, If city staff' can do the work of course it will be less but this gives you a high end cost. Due to the small project cost I'm doubtful this would be successful in a grant application. I think grant agencies want to see projects of at least $50,000 to make the grant administration process cost effective for their work. This would have to be packaged with several city ready -to -go projects to make an effective grant application. think the best bet for a grant is to ask the Shingle Creek Commission. The Crystal City Hall rain garden got $1,000 for an education grant from the Commission and this would be similar. Otherwise, city staff can do the under drain and bedding preparation. The only materials are 6° PVC pipe, compost and mulch. The city might have a source for compost and mulch so the piping would be the only out- of-pocket ut- ofpocket expense. G �i F � fr+jl JK J. � A � M. b k a{ m - r• a I ol - Jw * r y As 40 i . M im t � �•�if q t a a � � a O ■ �w Vi A I McDonald Kirk From: Sent: To: Cc: Subject: Attachments: Good Afternoon Diane, Johnson Guy Friday, October 23, 2009 4:36 PM 'Stauner, Diane' McDonald Kirk; 'Diane F. Spector'; 'Quisberg, Jason P Meadow take & Golf Course Storm Water system Golf Course Storm Sewer Memo 10-23-09.pdf Attached is a memo that Jason put together that I believe explains the interactions of the lake and the two ponds on the golf course. We feel that both of the figures in the city's 2008 Local Water Management Plan and the Meadow Lake TMDL Report are correct with regards to the sub - watersheds and how the storm water systems in that area function. Please let us know if you have additional thoughts or questions. Thanks, Guy Memorandum TO: GUY JOHNSON PROJECT: MEADow LAKE TMDL DATE: 10-23-09 FROM: JASON QUISBERG CLIENT: CITY OF NEW HOPE RE: GOLF COURSE STORM SEWER SYSTEM/FUNCTION * Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-36-1311 www.bonestroo.com FILE No: 000034-09000-0 This memo is in regards to the storm sewer system near Meadow Lake and the New Hope Golf Course. More specifically, the relationship between Meadow Lake and two water bodies, near the 8th and 9th holes of the course, in the golf course. Some questions were raised by Shingle Creek Watershed Commissioner Stauner during review of the February 2009 draft Meadow Lake Nutrient TMDL report. Hopefully this memo will help answer those questions and give an understanding of how the City's storm water system functions in this area. The figure below shows the features that are referenced in this memo. 4AI .s 42A&36&J7� .i a t _. ... . .. HOME 61TH AVE ; 24 z ;.. 12 I 591111 AVE_:N- ---- .---: 42A&36&J7� ST. THERES NURSING _. ... . .. HOME The first thing to note is that Meadow Lake and the water body on the 8th hole, P11 -11B and P1.1A, have always been and are still intended to function as a single body of water. This is accomplished by the culvert connecting the two bodies at location "A". The culvert elevation (892.3.892.6) is lower than any outlet allowing the water level in both bodies to rise and fall together. The outlet structure at location "B" controls the normal water elevation of 131.1 B (Meadow Lake), and therefore the water level of 131. 1A since they function together, at 893.0. Water traveling through this structure is discharged to Bass Creek. i s \3494090001Com mu nka do nACo rrespor W erce Pond P3.2 is designed to function independently of P1.18 and P1.1A. The water level of this pond is controlled by a separate outlet structure shown at location "C. Water traveling through this structure is ultimately discharged to Upper Twin Lake. The connection shown at location "D" does exist. There is an outlet control structure in P1.1A that is connected to P3.2 by an underground pipe. This outlet structure is designed to take water at an elevation higher than the outlet on the northwest end of Meadow Lake (location "B"). It is intended to serve as an emergency overflow for P1.1Aand 131.113. Under normal conditions, P11.113 and P1.1A drain through the outlet structure at location "B" on the northwest end of Meadow Lake. During excessively large rain events, it is possible the water level in P1.113 and/or P1.1A may reach levels that cause water to flow through the outlet control structure in P1.1A and through the underground pipe to pond P3.2. The Surface Water System Map found in the New Hope September 2008 Local Water Management Plan and the February 2009 Draft Meadow Lake Nutrient TMDI_ show the subwatershed boundaries correctly as the system is designed to function under typical conditions. Pape 2 of 2 Accessing Legacy Act Funds For Local Projects Three FREE two-hour workshops in February, 2012 Co-sponsored and financially supported by: Initiative Foundation West Central Initiative Northwest Minnesota Foundation Funding new park and natural area projects is increasingly challenging given local finances. In this workshop you'll receive "how to" guidance that your community can use to access funding under the Clean Water Land ,& Legacy Act. Learn how to apply for grants to support your natural area protection and restoration goals, parks projects, and water quality protection pro- jects. Minnesotans want to see tangible outcomes that create a legacy; this work- shop will improve the odds that these new funds find their way to your community, your region, and your partnerships. Topics include: • The four funding streams: Clean Water Fund, Outdoor Heritage Fund, Parks and Trails Fund, Arts and Cultural Heritage Fund How funds have been spent to date • How to access the funds for local projects (with examples of local government successes) • Basic grant -writing best practices To register for one of these free workshops, go to www.mngto.org & click on the Land Use logo. Registration Deadline: One week before each workshop Questions? Carol Schoeneck cschoeneck@mngts.org 651.222.7449 x205 DATES & LOCATIONS:.; All held 4,110--6:00 p.m. (3:30 p.m, check-in) .: Thursday, February 2 West Central Initiative 1000 Western Ave., Fergus Falls Thursday, February 9 .,. McIntosh Community Center 115 Broadway St. N.W., McIntosh Monday, February 13 Initiative Foundation 4051st St SE, Little Falls AUDIENCE: Local Government.Officials and Staff PRESENTERS: Jean Coleman, CR Planning, is an attorney and plan- ner who has worked with local governments for 20 --- years as a policy advocate and oonsultant. She coordi- nated the MN Water Sustainability Framework which guides the implementation of the Clean Water Fund portion of the Legacy Funds. Jean is an expert on us- ing GIS -based natural resource information in compre- hensive.planning and natural resource protection through zoning and incentive programs . .,. Jenna Fletcher is a program manager for Trust for Public Land which conserves land for people to enjoy as parks and other natural places, ensuring livable com- munities for generations to come. Her work includes conservation economics and finance, plus GIS analysis of priority lands to be conserved Previously, Jenna was a policy analyst for a forestry agency & worked for a national environmental public policy consulting firm. NEW HOPE GOLF COURSE PARKING LOT RAINGARDEN PROBLEM Pond 3.2 is an existing settlement pond that accepts stormwater runoff from 48 acres of pavement and the New Hope Golf Course parking lot. In a highly visible area near the parking lot and main entrance, Pond P3.2 water is often either muddy brown or is covered with green algae. Algae grow in abundance when excesses of nutrients are washed in, or when nutrient -rich sediments are stirred up by the onrush of stormwater, or by erosion of nutrient rich soil at pond edges during flooding. POSSIBLE SOLUTION The southwest corner of the golf course is not being used for golf and is free of utilities and sewer pipes. A rain garden could be installed there to slow down and infiltrate some stormwater runoff from the parking lot and it is large enough that it could receive future stormwater from a new development in the adjacent lot. A typical residential rain garden is shown below. In the natural world as native flowers and grasses grow, roots provide deep drainage channels that over time provide porosity to even the densest soils. However, on a large scale drainage area in soils that are very dense, additional devices are needed to make sure a new rain garden with immature plants can drain within 48 hours. With proper drainage, newly established rain gardens will not become a breeding ground for mosquitoes. Mosquito larvae require 7-12 days of standing water before they emerge. The southwest corner of the golf course provides a large area for a rain garden , but a perk test indicated the soil infiltrates water much too slowly. To aid drainage, a rock infiltration sump can be installed underneath the rain garden. As water builds up in the rock sump it would drain out a six inch pervious PVC pipe to Pond 3.2. See the diagrams below. They start with the Rain Guardian sediment trap where water from the parking lot would first be channeled into. Debris washed in with stormwater from the parking lot would first be channeled to a Rain Guardian structure that is built into the parking lot curb. The Rain Guardian collects debris and sand before it can enter the rain garden. This prevents time-consuming removal of sand and sediments and ensures a longer life for the rain garden. After the water leaves the Rain Guardian, it flows downward onto the surface of the rain garden. Rrmnctwater TMCAL RAIN GARDEN The rain garden would drain to an underground rock sump. The sump then drains to Pond 3.2 via pervious PVC pipe. 12110 47 + a -----------®--1--'>to Pond P3.2 F t runoff ,r CRISfIal$S`011 W pOOzinie� Ib� �'!'ll;3¢ l soil mix � ,, �:.. Rrmnctwater TMCAL RAIN GARDEN The rain garden would drain to an underground rock sump. The sump then drains to Pond 3.2 via pervious PVC pipe. 12110 47 + a -----------®--1--'>to Pond P3.2 PREPARATION AND PROCEDURES THE RAIN GUARDIAN SEDIMENT TRAP as used in the newly installed rain garden in New Hope last year http://www.rainguardian.biz Anoka County Conservation District sells the Rainguardian, a pretreatment chamber that captures debris and sand before it washes into a rain garden, thereby preventing the buildup of sediments in the depression of a rain garden. Solid materials like leaves and sand are easily captured and removed by one person with a shovel. Remove one existing section of parking lot curb that is 12.5' from the existing storm grate. Build the concrete base and apron for a Rain Guardian sediment trap. Build a curb cut around the Rain Guardian as shown on the Anoka County Conservation District website. Rain Guardian Pretreatment and Inlet Structure for curb cut rain gardens The Rain Guardian has four stages of pretreatment: The top grate captures coarse debris The chamber base serves as a settling chamber for heavier particles A filter wall removes finer particles The surrounding debris walls restrict floatable debris from entering the rain garden RAIN GARDEN PREPARATION The rainwater garden area shall be over -excavated an additional S" to allow for the placement of 8"of bedding material: Bedding material may be mixed within the garden area or outside the garden area and shall be approximately 4" of existing soil and 4" of clean organic compost, grade 2. No imported topsoil will be permitted in the garden areas. Excavate all other garden areas to accommodate placement of 8" of bedding material. Mix the existing soil with clean organic compost (grade 2) in proportions listed above. Place 3" of shredded wood mulch to prevent erosion, reduce weed germination and retain moisture. ROCK INFILTRATION SUMP: Excavate and install a 6' x 6' rock infiltration sump in the lowest part of the rain garden. Line the sump with Geotextile filter fabric (Type V, non -woven, high flow rate propex 4553 or approved equivalent.) The fabric must overlap the top of the sump by a minimum of 1', PVC DRAIN TILE PIPE TO DRAIN THE SUMP TO POND 3.2: Excavate a trench from the rock sump to Pond 3.2 Wrap the PVC pipe in filter sock, insert into the rock sump and lay the tile to reach to Pond 3.2. PLANTING: Move the mulch aside, dig holes for the plants. Plant bedding plants and irrigate deeply. Make sure the soil stays moist, not wet for the first season. Moisture is necessary for the plant to feed itself and to grow above and below ground, necessary to plant establishment and long life. PROTECTION FROM PREDATION THE FIRST YEAR: Immature plants are delectable rabbit food. In succeeding years, the more mature plants are not predated heavily by rabbits. Plants must be able to grow above ground to photosynthesize and feed themselves so they can grow roots to regenerate growth the next year, so protection of all newly planted flowers with rabbit fencing for the first year is necessary. RAIN GARDEN PLANT MAINTENANCE: Spring Cut all grasses and flowers to within 2 or 3" of the ground in early spring to allow for new growth. These plant materials may be used elsewhere as mulch for paths, etc. Summer and Fall Ensure the plants receive at least 1" of water per week for the first season. In the next 2 or 3 years, irrigate in dry periods until the garden is fully established. Moisture is required for photosynthesis and growth of roots. Once the plant roots are established in 3 years, irrigation is only needed during excessive drought. Native plants are relatively low maintenance but all gardens require some weeding to prevent invasive exotic weeds from dominating the garden. Many weed seeds are airborne. Compost that contains weed seeds will readily produce weeds. Winter Allow all plants to remain. Seeds will become an important source of seeds for birds and winter is one of the most beautiful times to view native plants. BENEFITS OF THIS SOLUTION: A RAIN GARDEN WILL BENEFIT POND 3.2 AND THE ADJACENT AREA BY: + Reducing the speed and volume of stormwater runoff, this will reduce pond sediment suspension to clear the water and make it less muddy. Clear water enables microorganisms to grow. The microorganisms eat algae. Clear water encourages rooted aquatic plants to germinate from the existing seed bank. As rooted plants grow they compete with algae, take up excess nutrients, and stabilize sediments with their roots. • Reducing erosion of pond shorelines • Recharging the volume of clean purified ground water that flows to Pond 3.2 via infiltration • Helping to offset the effects of heated impervious surfaces nearby; evapotranspiration by plants cools the area • Keeping rain where it falls instead of increasing flooding downstream • Chemically improving the quality of water (purification)via filtration by soil and plant roots to reduce pollutants • Reducing coarse and fine substances from direct flow to the pond. Various coarse and fine filters in the Rain Guardian and the rain gardens mechanically filter runoff to reduce pollutants before storm water enters the pond ( coarse debris like leaves, sand, sediment). This results in 90% treatment per estimates + Increasing the biodiversity & attract beneficial insects and birds when planted with native flora. Plants evapotranspiration, it cleans the air in the area. Storing or sequestering much more carbon in the plants, roots and soil than the existing compacted soil and turf grass. 0 Never needing herbicides or pesticides with their attendant costs • improving the soil structure, soil aeration and plant disease resistance. Deep-rooted plants loosen the soil, creating a sponge zone. With greater aeration and moisture, microbes are able to live in the soil and break down pollutants washed in by the rain. Microbes will increase available nitrogen in the area for existing trees. • Reduction in mowed areas. Turf grass does not improve soil structure and requires herbicides, fertilizers and more irrigation than established native shrubs, flowers and grasses. • Building community connections. Rain gardens make excellent neighborhood green features, provide ongoing educational experiences, opportunities for neighbors to meet, and builds community spirit. WEBSITE REFERENCES AND FURTHER READING Maplewood regularly uses curb cut rain gardens with rock infiltration sumps as part of its street reconstruction projects. http://www.pca-state.mn.usZindex.php/waterLwater-types-and-programs/stormwater/stormwater- management/plants-for-stormwater-design Plants for Stormwater design are helpful detailed books to choose plants. http://shinglecreek.server30l.com/files/493.pd Shingle Creek Watershed Education Grants up to $1,000.00 Some great plants for rain gardens are: Joe Pye Weed Penstemon Digitalis Purple Coneflower Blue Flag Iris Cranberry Viburnum Dogwood Black Eyed Susan Liatris Swamp Milkweed Blue Vervain Boneset Blue Lobelia Plodding Wild Onion Asters In addition, flowers grow better when grasses are included in the garden. Grasses provide vertical structure for flowers to stay upright. Grasses are graceful in winter and birds eat the seeds. Little 8luestem , roots 6' deep Big 811jestem, roots are 9, deep Indian Grass. roots 9' deep Side Oats Grama, 8' roots Root Systems of Prairie Plants The fundamental basis for encouraging use of native plant species for improved soil erosion control in streams and stormwater facilities Iles in the fact that native plants have extensive root systems which improve the ability of the soil to Infiltrate water and withstand wet or erosive conditions. Native plant species often have greater biomass below the surface. In this illustration below, note the Kentucky Bluegrass shown on the far left, which, when compared to native grass and forb species, exhibits a shallow root system. Illustration provided by Heidi Natura of the Conservation Research Institute. N Root Systems of Prairie Plants The fundamental basis for encouraging use of native plant species for improved soil erosion control in streams and stormwater facilities Iles in the fact that native plants have extensive root systems which improve the ability of the soil to Infiltrate water and withstand wet or erosive conditions. Native plant species often have greater biomass below the surface. In this illustration below, note the Kentucky Bluegrass shown on the far left, which, when compared to native grass and forb species, exhibits a shallow root system. Illustration provided by Heidi Natura of the Conservation Research Institute. SOURCE OF FUNDING AND COST ESTIMATE IF ALL WORK IS CONTRACTED Per Ed Matthiesen in December, 2011: "Due to the small project cost I'm doubtful this would be successful in a grant application. l think grant agencies want to see projects of -at least $50,000 to make the grant administration process cost effective for their work. This would have to be packaged with several city ready -to -go projects to make an effective grant application. l think the best bet for a grant is to ask the Shingle Creek Commission for an education grant up to $1,000.00. The Crystal City Hall rain garden got $1,000 for an education grant from the Commission and this would be similar. Otherwise, city staff can do the under drain (rock sump and PVC drain pipe) and the plant bedding preparation. The only materials are b" PVC pipe, compost and mulch. The city might have a source for compost and mulch so the piping would be the only out-of-pocket expense." Diane Spector (Shingle Creek Watershed staff) notified me that the project could not be included in the Watershed CIP for a 25% match since it is not a "bricks and mortar" construction project. (There may be ways to use bricks and mortar for water quality treatment instead of using a rain garden. Shingle Creek Watershed staff could advise you on that.) Ed's estimate for a raingarden below does not include the cost of plants which may be from $200 to $500. The cost of clean crushed 1 %" rock for the 6' x 6' rock infiltration sump is not included which may be $200.00. ED MATTHIESEN'S "HIGH END" COST ESTIMATE - IF ALL WORK IS CONTRACTED New Hope Golf Course Raingarden EAM 12/27/2011 Item Unit Quantity Unit Cost Extended Amount Mobilization LS 1 $2,000.00 $2,000.00 Site grading Per hour 8 $120.00 $960.00 Linear Underdrain Feet 200 $5.00 $1,000.00 Compost/soil mix Cu Yds 23 $50.00 $1,150.00 Mix compost w/ soil and Per hour 8 $120.00 $960.00 prepare planting bed Shredded mulch Sq Yds 211 $5.00 $1,055.00 Subtotal 7125.00 Contingency @ 20% $1,425.00 Total Probable Project Cost $8,550.00 Underdrain: 6" PVC outletting to the pond to the north @ $5/LF Compost soil mix: 4" to be mixed w/ 4" of on-site soil for an 8" planting bed ((1900sf x 4")/12)/27= 23CY Shredded mulch: 3" deep 1,900SF = 211SY COUNCIL n - Request for Action Originating Department Approved for Agenda Agenda Section Public Works February 13, 2012 Development & Plannin Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.1 Motion authorizing the preparation of preliminary site plans for a proposed rain garden at the New Hope golf course (project No. 903) Requested Action Staff is recommending that Council approve a motion authorizing the city engineer to proceed with preparing two different sized preliminary site plans for a proposed rain garden at the New Hope golf course. Staff also recommends that if preparation of the two preliminary site plans is authorized, staff will present the two options to Council for discussion at a Council work session. Policy/Past Practice Because of environmental concerns, the Shingle Creek and Bassett Creek Watershed Commissions encourage cities to implement the use of rain gardens for additional water quality improvement. The city of New Hope has utilized rain gardens in the past for water quality projects to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Rain gardens are typically constructed behind the curb and receive storm water runoff directly from streets or parking lots. As the storm water flows into the garden, it filters through a fiber blanket; the plants' root system in the top soil; granular material, a geotextile fabric; and infiltrates the surrounding sub -soils. With New Hope's heavy soil, rain garden designs would also include a drain tile system under the garden. If the storm water runoff could not infiltrate the sub -soils fast enough during some rain events, the water would collect in the drain the system and flow to the city's storm water system by way of an overflow structure. Motion by �iL{�y_ Second by To: IARFAIPUBW0RKS120121903 Motion Authorizing G.C. Rain Garden Site Plans.doc Request for' Action February 13, 2012 Page 2 In 2010, the city's golf course parking lot was reconstructed as part of the Bass Lake Road water main infrastructure improvement project. Currently, all of the parking lot's 3,693 square yards (33,237 sq. ft.) of impervious surface drains to a storm water structure in the northwest corner of the parking lot without receiving any type of water quality treatment. If there were no funding or space restraints, the ideal size of the rain garden for the 33,237 sq. ft. parking lot would be around 3,400 sq. ft. (2,770 cu. ft.) to accommodate a one inch rain event. At the January 17, 2012, work session, Council received a presentation and discussed the possibility of constructing a rain garden downstream from the storm water structure in the northwest corner of the parking lot. Staff requests the Council consider authorizing two preliminary site plans showing approximate locations and sizes of two rain garden options. One plan would show a proposed rain garden that would fit in the existing turf area just north of the northwest corner of the parking lot. The second option would be a rain garden whose size could be maximized with the possible construction of some retaining walls and/or the removal of some trees. The two site plan options, along with preliminary cost estimates for each option, would be presented to the Council for review at a future work session. Based on Council's review of the information, a recommended size and design of the rain garden could be pursued if the Council wished to proceed with the proposed project. Direction could then be given to staff to either return with additional information for discussion, or to bring a request to a Council meeting requesting authorization to proceed with the actual preparation of the plans and specifications for the golf course rain garden. The estimated engineering costs for the two preliminary site plans would be $2,400. Since this work would normally be part of the initial process of preparing plans and specifications, these expenditures will reduce the time and engineering expenses of preparing plans and specifications if the proposed project proceeds. Funding The engineer's preliminary cost estimate for the proposed project would be based on the final size and design of the rain garden agreed to. Cost could be minimized by fitting the rain garden in the existing turf area just north of the parking lot without creating a larger area through tree removals and installation of retaining walls. Staff recommends that funding be through the city's storm water fund. Attachments The engineer's letter and sketches of the two rain garden options are attached. I:\RFA\PUBWORKS12012\903 Motion Authorizing G.C. Rain Garden Site Plans.doc Stantec Consulting Services Inc. 2335 Highway 36 West t St. Paul MN 55113 t Tel: (651) 636-4600 Fax: (651) 636-1311 February 7, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 RE: Preliminary Site Plans - Proposed Rain Garden at New Hope Golf Course Dear Mr. Johnson: It has been requested to provide preliminary site plans for a proposed rain garden at the New Hope Golf Course. The existing parking lot currently drains storm water runoff directly into the storm sewer system, and the turf area to the northwest of the parking lot offers a unique opportunity to construct a rain garden and improve the water quality prior to the runoff entering the storm water pond to the north. Following discussions with city staff, two different rain garden sizes and locations are being considered (see attached): • Option 1 - approximately 1,900 square feet, located in turf northwest of the parking lot, no tree removal or retaining wall required. • Option 2 - approximately 3,400 square feet, abstracts 1" runoff from parking lot, and will include the possible tree removal andlor retaining wall. The preliminary site plans can be prepared displaying concept drawings of the two gardens for an estimate of $2,400.00. The worts to prepare these preliminary plans can be used in the preparation of plans and specifications if the proposed project proceeds. Please let me know if you have any questions and if you would like to proceed Sincerely, STANTEC r Christopher W. Long, P.E. Client Service Manager 651.604.4808 Attachments: Rain Garden Options—Plan View, Rain Garden Options—North View cc: Mark Hanson, Katie Warner, File. 3 0 N�C of Al 0 tic e 0 o F 0o m N Q' E Ln N a a L a t; L � CL n Q Q Q v Cr v m 3 an c m o L oL m 0 N 0 I_ E L ?C 0 ` L- atl a 0 z COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works April 16, 2012 Work Session Item No. By: Guy Johnson By: Kirk McDonald, City Manager 11.6 Discussion regarding the feasibility of constructing a rain garden at the New Hope Village Golf Course (project No. 903) Requested Action Staff would like to share additional information, for Council consideration, regarding the proposed construction of a rain garden at the New Hope Village Golf Course. Policy/Past Practice Because of environmental concerns, the Shingle Creek and Bassett Creek Watershed Commissions encourage cities to implement the use of rain gardens for additional water quality improvement. The city of New Hope has utilized rain gardens in the past for water quality projects to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Rain gardens are typically constructed behind the curb and receive storm water runoff directly from streets or parking lots. As the storm water flows into the garden, it filters through a fiber blanket; the plants' root system in the top soil; granular material, a geotextile fabric; and infiltrates the surrounding sub -soils. With New Hope's heavy soil, rain garden designs would also include a drain tile system under the garden. If the storm water runoff could not infiltrate the sub -soils fast enough during some rain events, the water would collect in the drain the system and flow to the city's storm water system by way of an overflow structure. At the January 17, 2012, work session, Council received a presentation and discussed the possibility of constructing a rain garden downstream from the storm water structure in the northwest corner of the parking lot. On February 13, 2012, Council approved a motion authorizing the city engineer to prepare preliminary site plans for two different sized rain gardens at the golf course. Motion by Second by To: 6 etC.t:;Lt" _ ?S -i- I:\RFA\PUBWORKS12012\2012 Golf Course Rain Garden\903 Golf Course Rain Garden Worksession 416-12.doc Request for Action April 16, 2012 Page 2 Currently, all of the parking lot's 3,693 square yards (33,237 sq. tt.) of unpervious surface drains to a storm water structure in the northwest comer of the parking lot without receiving any type of water quality treatment. If there were no funding or space restraints, the ideal size of the rain garden for the 33,237 sq. ft. parking lot would be around 3,400 sq. ft. (2,770 cu. ft.) to accommodate a one inch rain event. Two preliminary site plans have been prepared and will be presented to the Council as possible size (and cost) parameters of the proposed rain garden. One plan would show a proposed rain garden that would fit in the existing turf area just north of the northwest comer of the parking lot. The second option would be a rain garden whose size could be maximized with the possible construction of some retaining walls and/or the removal of some trees to accommodate a one inch rain event. The proposed rain garden will have some components whose costs would be the same regardless of its size, for the most part. Where the size of the rain garden will impact quantities of materials and construction costs, the cost of some items such as the parking lot curb cut, inlet structure/sediment trap, and the overflow system will be independent of the size of the rain garden. After Council's review and discussion of the information, direction could then be given to staff regarding the preferred size of the rain garden. Staff could then return to a Council meeting and request authorization to proceed with the actual preparation of the plans and specifications for the golf course rain garden. Funding The engineer's preliminary cost estimate for the proposed project is $29,636.00 for a rain garden around 1,900 square feet and $50,834.00 for a rain garden around 3,400 Square feet. The actual cost estimate would be based on the final size and design of the rain garden agreed to. Staff recommends that funding be through the city's storm water fund. Attachments The engineer's letter and preliminary site plans for the two rain garden options are attached. 1:IRFAIPUBWORKS12012\2012 Golf Course Rain Garden1903 Golf Course Rain Garden Worksession 4-16-12.doc _ j l stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 y Tel: (651) 836-4600 Fax: (651) 636-1311 S 1 April 11, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 RE: Preliminary Site Plans and Cost Estimates - Rain Garden Options at New Hope Village Golf Course City Project No.: 903 Stantec Project No.: 193802301 Dear Mr. Johnson: As requested, we have provided the attached preliminary site plans and cost estimates for the proposed rain garden at the New Hope Village Golf Course. The preliminary site plans explore the construction of two different sized rain gardens. Each rain garden will function by filtering storm water runoff from the golf course parking lot. Runoff will be collected by an inlet protection structure, directed through a pipe to the rain garden, which will then be filtered and directed into the existing storm sewer to the southwest. Option 1 -1,900 sq. ft. rain garden This option includes constructing a rain garden to "fit" into the existing turf area in the northwest corner of the parking lot. Grading and excavation work can be minimized by utilizing the flat area without a need to remove trees or cut into the steeper grades to the south. Estimated Construction Cost: $30, 000 Option 2 - 3,400 sq. ft. rain garden This option includes constructing a larger rain garden sized to accommodate a one inch rain event. Possible tree removal and/or a retaining wall will be required to construct this garden. Estimated Construction Cost. $59,000 For the most part, each rain garden option includes several of the same components, but with differing quantities. The larger rain garden (Option 2) also includes approximately 100' of retaining wall and the removals of a willow tree and stump. Tree removal and/or a retaining wall will be required with the construction of Option 2. Please feel free to call me at (651)604-4808 with any questions. Sincerely, STANTEC Af r nn.. ,, Christopher W. Long, P.E. Attachments: Figure 1, 2, 3; Cost Estimate cc: Mark Hanson, Katie Warner, File. rr I� r + EXISTING POND I 4 I I II I � EXISTING STORM SEWER(fYP.} I PRDPERTruNE EXISTING CHAIN LJrIK FENCE I �I I I `C �I TRASH CON�CTDRASN I _ ENCL�`� TILE T EX. STORM F SEW R MANHOLE I D --cp Aft[/{ TL? /1 I tA.il C SP I I I RAIN GARDEN _ AREA (SF) ESTIMATED COST -- L930 $30,000 $51.000 TOP OF GARDEN — OPTION 1 TOP OF GARDEN — OPTION 2 PERFORATED DRAIN TILE NON -PERFORATED DRAIN TILE II m REMOVE WILLOW TREE 1 ` (W/OPTION 2) ! c� I` NEW HOPE f j VILLAGE GOLF 1� PROPOSED RETAINING WALL`\ COURSE CLUBHOUSE cWlOPTIO� L f o PUTTING GREEN /r .1 RAIN GARDEN OPTIONS NEW HOPE FIGURE: 1 VILLAGE GOLF COURSE V:k1938\AGTIVR1938023011CAD\DWGk193802301XSSS.DWG DATE: 4/°9/12 0 25 I 50 ` Horbmral Scale Feet COMM: 193802301 � 1 I#9 GREEN / INSTALL EMERGENCY OVERFLOW {EOF) REMOVE TREE STUMP (W OPTION 2) RAIN GARDEN _ AREA (SF) ESTIMATED COST -- L930 $30,000 $51.000 TOP OF GARDEN — OPTION 1 TOP OF GARDEN — OPTION 2 PERFORATED DRAIN TILE NON -PERFORATED DRAIN TILE II m REMOVE WILLOW TREE 1 ` (W/OPTION 2) ! c� I` NEW HOPE f j VILLAGE GOLF 1� PROPOSED RETAINING WALL`\ COURSE CLUBHOUSE cWlOPTIO� L f o PUTTING GREEN /r .1 RAIN GARDEN OPTIONS NEW HOPE FIGURE: 1 VILLAGE GOLF COURSE V:k1938\AGTIVR1938023011CAD\DWGk193802301XSSS.DWG DATE: 4/°9/12 0 25 I 50 ` Horbmral Scale Feet COMM: 193802301 Mulch (Depth 3" max.) This is a double shredded hardwood mulch and shall meet the requirements of Mn/Dot 3882.2 Type 6 Topsoil with Sod Curb Cut Varies Varies Top of Rain Garden (T/G) 100% Coconut Emergency Flow _ INSTALL CL. II RIP Fiber Blanket Ex. Glade RAP AT PIPE OUTLET Overflow (EOF) RAIN GARDEN BOTTOM — 5cy ELEV 1' BELOW T/G S:1 d.I „ ... 6" Non perforated ; ........^ ......... ti� Bohm Eiev = 2.5' BELOW T/G PVC Pipe Inlet Lawn Edging - S" black polyethylene. Protection Structure Geotextile Use only non-metallic stakes to secure Fabric, Type 1 18" Augmented Soils 6" Perforated Drain Tile edging.Install per manufactures diremorm This media shall be constructed as follows based on volume: Core Drill and Connect To 70% clean sand, free of deleterious material - Mn/Dot 3127.28 FA -1 Existing Storm Sewer 30% organic leaf compost . Mn/Dot 38906 Grade 2 Manhole to the West STANDARD DETAILS NOTES: 1. Heavy equipment and traffic shall be restricted from traveling over the Infiltration trenches to minimize compacting of the soil. 2. Rain Garden shall not receive runoff until the entire drainage area contributing tD the rain garden has been stabilized. 3. Select granular borrow conforms to MnDOT Spec.3149.2.b 4. Premium topsoil borrow conforms to MnDOT Spec. 3877.2.0 RAIN GARDEN SECTION - OPTION 1. (11900 SF) NEW HOPE VILLAGE GOLF COURSE FIGURE: 2 V:\1938\ACTIVE\193802301\CAD\DWG\193802301—CONCEPT FIGURES.DWG DATE: 4/11/12 COMM: 193802301 Retaining Wall Curb Cut Flow I I Ex. Grade Murch (Depth 3" max.) This is a double shredded hardwood mulch and shall meet the requ!rements of Mn/Dot 3882.2 Type 6 Varies INSTALL CL. II RIP LF!PberBlanket ut RAP AT PIPE OUTLET RAIN GARDEN BOTTOM ELEV = BELOW T/G 2r '"' - noaom r;ev = c.3 cscww 11u Lawn Edging - 5" black polyethylene. Use only non-metallic stakes to secure edging.Install per manufactures directions. Inlet L6' Non -perforated Protection Structure PVC Pipe Geotextile Fabric, Type 1 18" Augmented Soils 6" Perforated Drain Tile This media shall be constructed as follows based on volume: Core Drill and Connect To 70% clean sand, free of deleterious material - Mn/Dot 3127.28 FA -1 Existing Storm Sewer 3046 organic leaf compost - Mn/Dot 3890B Grade 2 Manhole to the West STANDARD DETAILS . Topsoil with Sod r Top of Rain Garden (T/G) / Emergency Overflow (EOF) Not Drawn to Scale NOTES: 1. Heavy equipment and traffic shall be restricted from gaveling over the infiltration trenches to mWmize compacting of the soil. 2. Rain Garden shall not receive runoff until the entire drainage area contributing to the rain garden has been stabilized. 3. Select granular borrow conforms to MnDOT Spec.3149.2.b 4. Premium topsoil borrow conforms to MnDOT Spec. 3877.2.0 RAIN GARDEN SECTION - OPTION 2 (3,400 SF) NEW HOPE FIGURE: 3 VILLAGE GOLF COURSE V:\1938\ACTIVE\193802301\CAD\DWG\193802301_CONCEPT FIGURES.DWG DATE: 4/11/12 COMM: 193802301 GOLF COURSE RAIN GARDEN OPTIONS COST ESTIMATE City No.: 903 Stantec No.: 193802301 4/10/2012 No. Item GOLF COURSE RAIN GARDEN - OPTION 1 (1,900 SF) 1 MOBILIZATION 2 SALVAGE AND REINSTALL CHAIN LINK FENCE 3 REMOVE AND REPLACE CONCRETE CURB 4 CONSTRUCT RAIN GARDEN (EXCAVATION & GRADING) 5 GEOTEXTILE FABRIC TYPE I 6 6" PVC DRAIN TILE 7 CONNECT DRAIN TILE TO STRUCTURE - MACHINE CORE 8 AUGMENTED SOIL MIXTURE 9 CLASS II RANDOM RIPRAP 10 RAIN GARDEN PLANTING 11 RAIN GARDEN INLET STRUCTURE 12 SODDING, LAWN TYPE WITH 4" OF TOPSOIL TOTAL - OPTION 1 No. Item GOLF COURSE RAIN GARDEN - OPTION 2 (3,400 SF) 1 MOBILIZATION 2 REMOVE EXISTING TREE 3 REMOVE EXISTING STUMP 4 SALVAGE AND REINSTALL CHAIN LINK FENCE 5 REMOVE AND REPLACE CONCRETE CURB 6 CONSTRUCT RAIN GARDEN (EXCAVATION & GRADING) 7 GEOTEXTILE FABRIC TYPE I 8 6" PVC DRAIN TILE 9 CONNECT DRAIN TILE TO STRUCTURE - MACHINE CORE 10 AUGMENTED SOIL MIXTURE 11 CLASS II RANDOM RIPRAP 12 RAIN GARDEN PLANTING 13 RAIN GARDEN INLET STRUCTURE 14 RETAINING WALL 15 SODDING, LAWN TYPE WITH 4" OF TOPSOIL TOTAL - OPTION 2 Cost Estimates for Rain Garden Opt`ons.)dsm Contract Unit Quantity Unit Price Amount LS 1 1500.00 $1,500.00 LF 20 10.00 $200.00 LF 8 50.00 $400.00 SF 1900 4.50 $8,550.00 SY 212 3.00 $636.00 LF 160 12.00 $1,920.00 EA 1 600.00 $600-00 CY 71 30.00 $2,130.00 CY 4 175.00 $700.00 LS 1 7000.00 $7,000.00 LS 1 2000.00 $2,000.00 SY 800 5.00 $4,000.00 $29,636.00 Contract Unit Unit Quantity Price Amount LS 1 1500.00 $1,500.00 EA 1 500.00 $500.00 EA 1 200.00 $200.00 LF 20 10.00 $200.00 LF 8 50.00 $400.00 SF 3400 5.00 $17,000.00 SY 378 3.00 $1,134.00 LF 160 12.00 $1,920.00 EA 1 600.00 $600.00 CY 126 30.00 $3,780.00 CY 4 175.00 $700.00 LS 1 12000.00 $12,000.00 LS 1 2000-00 $2,000.00 SF 200 22.00 $4,400.00 SY 900 5.00 $4,500.00 $50,834.00 COIJNCII ' Request for Action Originating Department Approved for Agenda Agenda Section Public Works May 29, 2012 Development & Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.8 Motion authorizing preparation of plans and specifications for a proposed rain garden at the New Hope golf course (project No. 903) Requested Action Staff is recommending that Council pass a motion approving the development of plans and specifications for construction of a proposed rain garden just off the New Hope golf course's parking lot. Policy/Past Practice Because of environmental concerns, the Shingle Creek and Bassett Creek Watershed Commissions encourage cities to implement the use of rain gardens for additional water quality improvement. The city of New Hope has utilized rain gardens in the past for water quality projects to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Rain gardens are typically constructed behind the curb and receive storm water runoff directly from streets or parking lots. As the storm water flows into the garden, it filters through a fiber blanket; the plants' root system in the top soil; granular material; a geotextile fabric; and infiltrates the surrounding sub -soils. With New Hope's heavy soil, rain garden designs would also include a drain file system under the garden. If the storm water runoff could not infiltrate the sub -soils fast enough during some rain events, the water would collect in the drain file system and flow to the city's storm water system by way of an overflow structure. At the January 17, 2012, work session, Council received a presentation and discussed the possibility of constructing a rain garden downstream from the storm water structure in the northwest corner of the golf course parking lot. an February 13, 2012, Council approved a motion authorizing the city engineer to prepare preliminary site plans for two different sized rain gardens at the golf course. The preliminary site plans for two different sized rain gardens were presented and discussed at the April 16, 2012, work session. Motion by Second by X /� To: h\RFA\PU13W0RKS120121903 Authorizing, Plans and Specs G.C. Rain Garden.doc Request for Action May 29, 2012 Page 2 Discussions included the extent of treatment that was desired and how large an area of the golf course parking lot should be treated. It was recommended that the rain garden be sized to treat the entire parking lot for a one inch rain event. To accomplish this, the rain garden will be approximately 3,400 square feet in size. It was also recommended that an existing storm water catch basin in the northwest corner of the parking lot be removed to allow all of the runoff from the parking lot to flow through a curb cut and into a storm water structure prior to entering the rain garden. Staff is recommending that the new storm water structure be either a storm water sump manhole or ;i Stormceptor (or approved equal) structure sized for runoff volume from the parking lot. Both structures would reduce the amount of sediment entering the rain garden. A Stormceptor structure is more expensive than a sump manhole, but it would also remove additional debris, especially floating debris, compared to the sump manhole. If the project proceeds, staff is recommending that the plans and specifications for the rain garden include a sump manhole in the base bid and a Stormceptor structure as an alternate in place of a sump manhole. The actual construction costs in the submitted bids for either structure could then be reviewed by the Council for comparisons prior to awarding a contract. Funding The engineer's preliminary cost estimate for the project is $58,000 using a sump manhole structure and $62,500 using a Stormceptor structure. The city's current CIP includes construction of a rain garden at the New Hope golf course. Funding would be from the city's storm water fund and possibly a grant for educational purposes through the Shingle Creek Watershed Management Commission. Attachment A memorandum from the city engineer, a map, and figures are attached. I:IRFAIPUBWORKS120121903 Authorizing Plans and Specs G,C. Rain Garden.doc May 22, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Golf Course Rain Garden — Authorize Preparation of Plans and Specifications Client Project No.: 903 Stantec Project No.: 193802301 Dear Guy: The City Council reviewed the preliminary concept designs for a rain garden at the New Hope Village Golf Course at the April 16, 2012, work session. Following the review, it was recommended to construct the larger rain garden (aper. 3,400 square feet) to accommodate a one inch rain event. It was also recommended to remove the existing storm water catch basin in the northwest corner of the parking lot, and construct a new pre-treatment structure which would capture sediment and debris prior to entering the rain garden. The existing stone sewer pipe to the northwest would remain and provide an overflow for larger rain events. Figure 1 shows the proposed location of the rain garden. Construction of the rain garden will include removal of a tree stump and willow tree. There is also potential for the need to construct a retaining wall on the south side of the rain garden. Figure 2 provides the rain garden cross section details and Figure 3 identifies two pre-treatment structure options. The anticipated total project costs, including indirect, are approximately $58,000 for a rain garden with a pre- treatment sump manhole, and $62,500 for a rain garden including a pre-treatment Stormceptor structure. If Council chooses to move forward with this project, authorization for preparation of pians and specifications could be given at the May 29' Council meeting. The work under this contract would be completed in the late summer or early fall months. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P. E. Attachments: Figures: 1,2,3 Cc: Shawn Markham — New Hope; Mark Hanson, Katie Warner, Jason Petersen — Stantec. II. I I EXISTING POND f I;. EXISTING STORM SEWER OW.) I I I PROPERTY LINE r �I f *9 GREEN RAIN GARDEN AREA (SF) ESTIMATED COST W/SUMP MANHOLE 3,400 $58,000 W/STORMCEPTOR STRUCTURE 3,400 $62,500 E](ISTINGCHAIN / w �; INSTA l EMERGENCY OVERFLOW / z _j - _ LINK FENCE 1 (EOF} REMOVE WIL'.OW TREE / - _ r• G ' REMOVE TREE 5TU MP J f TOP OF RAIN � � K GARDEN I NEW HOPE �� f I, VILLAGE GOLF t! r PERFORATED ' COURSE f DRAIN TILE POTENTIAL RETAINING WALL ` " ^ - CLUBHOUSE NON -PERFORATED DRAIN TILE r - PUTTINGi- -T �I GREEN o T" ^� f 6 �" t F J( EX. -RASH r'I PROTECT EXISTING /� ENCL. TREE AND LIGHT � 3 C NNECT bRAI _� STORM SEWER INLET PIPE TO RAIN GARDEN T'ILE 0 EX. STORN� T� 5 ER MANHOLE f� ��REMOVE AND REPLACE EXISTING CATCH NEW PRE-TREATMENT STRUCTURE (SEE DETAIL W�� ~ I EXISTING PIP Tp BE USED `� OPTIONS ON FIGURE 3) AS OVERFLOW lFE DURING LARGE c-'�ir��•M EVENTS _1 10 E' r A ENTIRE III / PARKING }� 110 �I 90 AREA TO RAIN ARROW ( GARDEN 4 I FLOW � I ll (TYP.) J LE v PAARKINGRKING LOOT � IN --� r 0 z5 50 Hodzorftl Scale Iq Feet PROPOSED RAIN GARDEN t NEW HOPE FIGURE: 1 VILLAGE GOLF COURSE V:\19381AMVE\193802301\CAD\DWG\193802301_FIGURES.DV4G DATE: 5/21/12 COMM: 193802301 Retaining Wall Mulch (Depth 3" max.) This is a double shredded hardwood mulch and shall meet the requirements of Mn/Dot 3882.2 Type 6 Varies Varies Overflow Pipe an Ex. Grade INSTALL CL. II RIP 100% Coconut — RAP AT PIPE OUTLET Fiber Blanket — RAIN GARDEN BOTTOM Topsoil with Sod Top of Rain Garden (T/G) Emergency Overflow (EOF) ELEV = 1' BELOW T/G �7.. 1 Bottom Elev = 2.5' BELOW T G 6" Non Perforated Pre-treatment Structure PVC Pipe Lawn Edging - S" b!ack polyethylene. (See Options on Figure 3) Geotexddle Use only non-metallic stakes to secure Fabric, Type 1 1B" Augmented Soils 6" Perforated Drain Tile edging.Install per manufactures directions. This media shall be constructed as follows based an volume: Care Drill and Connect To 70% clean sand, free of deleterious material - Mn/Dot 3127.28 FA -1 Existing Storm Sewer 30% organic leaf compost - Mn/Dot 38908 Grade 2 Manhole to the West Not Drawn to Scale STANDARD DETAILS COARSE FILTER ACS.4TE MNDaT3149.Li WRAPPED IN FILTER FABWC . PMC PER ORA?EDPIPE NOTES, 6. , PLANrING MEDIA 1. Heavy equipment and traffic shall be restricted from traveling aver the infill at on trenches to minimize compacting of the soil. 2. Rain Garden shall not receive runoff until the entire drainage area contributing to the A OF RAIN rain garden has been stahiiized. c GARDEN 3. Select granular borrow conforms to MnDOT Spec.3149.2.b W y 3`7 W 4. Premium topsoil borrow conforms to MnDOT Spec. 38772C TRENCH DETAIL PROPOSED RAIN GARDEN SECTION NEW HOPE FIGURE: 2 VILLAGE GOLF COURSE V:\1938\ACTIVE\193802301\CAD\DWG\193802301_FIGURES.DWG DATE: 5/22/12 "r i COMM: 193802301 CASTING AND ADJUSTMENT RINGS AS SPECIFIED. VARIES 12"-16" VARIES -0 . w a flu 0 o - GROUTED INVERT. an TYPICAL SUMP MANHOLE —mss �f® ErrIal E - IT kW 440m 16d. TYPICAL STORMCEPTOR STRUCTURE PRE-TREATMENT STRUCTURE OPTIONS. NEW HOPE FIGURE: 3-' StwdK VILLAGE GOLF COURSE V:\1938VCMR193802301\CAD\DWG\193802301_FIGURES.DWG DATE: SpW12 COMM: 193802301 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 25, 2012 Development & Planning Item No. 8.1 By: Guy Johnson, Director By: Kirk McDonald, City Manager Resolution approving plans and specifications, and or semenor ids for a rain garden at the New Hope golf course (project N 03} Requested Action Staff recommends approval of the resolution approving plans and specifications, and ordering the advertisement for bids for installing a rain garden Just off the New Hope golf course's parking lot. Policy/Past Practice Because of environmental concerns, the Shingle Creek and Bassett Creek Watershed Commissions encourage cities to implement the use of rain gardens for additional water quality improvement. The city of New Hope has utilized rain gardens in the past for water quality projects to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Rain gardens are typically constructed behind the curb and receive storm water runoff directly from streets or parking lots. As the storm water flows into the garden, it filters through a fiber blanket; the plants' root system in the top soil; granular material; a geotextile fabric; and infiltrates the surrounding sub -soils. With New Hope's heavy soil, rain garden designs also include a drain the system under the garden. If the storm water runoff cannot infiltrate the sub -soils fast enough during some rain events, the water would collect in the drain tile system and flow to the city's storm water system by way of an overflow structure. At the January 17, 2012, work session, Council received a presentation and discussed the possibility of constructing a rain garden downstream from the storm water structure in the northwest corner of the golf course parking lot. On February 13, 2012, Council approved a motion authorizing the city engineer to prepare preliminary site plans for two different sized rain gardens at the golf course. The preliminary site plans for two different sized rain gardens were presented and discussed at the April 16, 2012, work session. Second by sbz��To: .6 )-Cif. 4-S OW— 1:1RFA IPUBWORKS120121903 Approving Plans and Specs G.C. Rain Garden.doc S��W/W. Request for Action June 25, 2012 Page 2 Discussions included the extent of treatment that was desired and how large an area of the goat course parking lot should be treated. It was recommended that the rain garden be sized to treat the entire parking lot for a one inch rain event. It was also recommended that an existing storm water catch basin in the northwest corner of the parking lot be removed to allow all of the runoff from the parking lot to flow through a curb cut and into a storm water structure prior to entering the rain garden. On May 29, 2012, Council passed a motion approving the development of plans and specifications for construction of the proposed rain garden at the golf course. At this meeting, staff recommended that the new storm water structure upstream from the rain garden be either a storm water sump manhole or a Stormceptor structure (or approved equal) sized for runoff volume from the parking lot. Both structures would reduce the amount of sediment entering the rain garden. A Stormceptor structure is more expensive than a sump manhole, but it would also remove additional floating debris, compared to the sump manhole. The city engineer has prepared plans and specifications, and staff is requesting that the Council approve the plans and authorize staff to advertise for bids on the project. As recommended at the May 29, 2012, meeting, the plans and specifications include a sump manhole in the base bid and a Stormceptor structure as an alternate. Prior to awarding a contract the actual construction costs in the submitted bids for either structure will be reviewed by the Council for comparison. Bids would be opened on July 30, 2012, and presented to the Council for consideration on August 13, 2012. Funding The engineer's preliminary cost estimate for the project is $58,000 using a sump manhole or $62,500 using a Stormceptor structure. The rain gardens cost is currently estimated at $63,500 to $74,500 depending on which storm water structure is selected. The city's current CIP includes construction of a rain garden at the New Hope golf course. Funding would be from the city's storm water fund and possibly a grant for educational purposes, through the Shingle Creek Watershed Management Commission. Attachments The resolution, a memorandum from the city engineer, and a map of the area are attached. T:IRFAIPUBWORKS\20121903 Approving Plans and Specs G.C. Rain Garden.doc City of New Hope Resolution No. 12- 106 Resolution approving plans and specifications, for a rain garden at the New Hope golf course (project No. 903) WHEREAS, it is proposed to install a rain garden at the New Hope golf course, and, WHEREAS, the watershed commissions encourage cities to implement the use of rain gardens for additional water quality improvement, and, WHEREAS, the city engineer has prepared plans and specifications and staff is requesting that the Council approve the plans and specifications for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. Such plans and specifications are hereby approved. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of June 2012. Mayor Attest: City Clerk June 20, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 536-4600 Fax: (651) 636-1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Golf Course Rain Garden — Approve Plans and Specifications Client Project No.: 903 Stantec Project No.: 193802301 Dear Guy: Council authorized preparation of plans and specifications for the installation of a rain garden just north of the parking lot at the New Hope Village Golf Course at the May 29th meeting. The plans and specifications have been prepared and are ready to review. The anticipated total project costs, including indirect, are approximately $63,500 for a rain garden with a pre-treatment sump manhole, or $74,500 for a rain garden including a pre-treatment Stormceptor structure. 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 June 251h Council meeting. Bids could then be opened on July 30th and brought back to Council for review at the August 13tH meeting. The work under this contract would be completed in the late summer or early fall months. A figure drawing showing the proposed improvements is enclosed. The complete construction documents are available at City Hall for review. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC a_i'34- W. Xpf,-- Christopher W. Long, P.E. Attachments: Figure: 1 Cc: Shawn Markham — New Hope; Mark Hanson, Katie Warner, Jason Petersen -- Stantec. � ^ ; P | \� vodz"nte/ScWemFeet ' � CONNECrm EXISTING STORM MH PROTECT EXISTING TREES x,GREEN ^ INSTALL EMERGENCY % oVEvnoWnzF) 1040M 7NE +~ r TOP OF RAIN GNtDEN END PVC STORM SEWER RA8" PVC SIX)RM.SEWER IGARDEN LAYOUT N NEW HOPE VILLAGE GOLF COURSE INSTALL PREMEITMENT CONNECTB'PVC TO EXISTING CATCH BASIN DATE: 06119f2012 COMM:193802301 �EXISTING PIPE TIO BE USED t -AS OVERFLOW DURING� ---_,LARGE STORM EVENTS ! PROTECT EXISTING --- ' ! | | / �r--------------- / RA8" PVC SIX)RM.SEWER IGARDEN LAYOUT N NEW HOPE VILLAGE GOLF COURSE INSTALL PREMEITMENT CONNECTB'PVC TO EXISTING CATCH BASIN DATE: 06119f2012 COMM:193802301 COUNCIL ikRequest •Action 9�. Originating Department I Approved for Agenda ! Agenda Section Public WorksI August 27, 2012 Development & F Item No. By: Guy Johnson I BY: Kirk McDonald, City Manager 1 8.4 Resolution awarding a contract for construction of a rain garden at the New Hope golf course (Project No. 903) Requested Action Staff requests the Council approve a resolution awarding a contract to the low and responsible bidder, Minnesota Dirt Works Inc., for either the amount of $53,782.05, for construction of a rain garden with a sump manhole, or the amount of $62,417.05 for construction of a rain garden with a Stormceptor type structure at the New Hope golf course. Policy/Past Practice Because of environmental concerns, the Shingle Creek and Bassett Creek Watershed Commissions encourage cities to implement the use of rain gardens for additional water quality improvement. The city of New Hope has utilized rain gardens in the past for water quality projects to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background In 2010, the city's golf course parking lot was reconstructed as part of the Mass Lake Road water main infrastructure improvement project. Currently, all of the parking lot's 3,693 square yards (33,237 sq. ft.) of impervious surface drains to a storm water structure in the northwest corner of the parking lot without receiving any type of water quality treatment. The ideal size of the rain garden for the 33,237 sq. ft. parking lot is around 3,400 sq. ft. (2,770 cu. ft.) to accommodate a one inch rain event. At the January 17, 2012, work session, Council received a presentation and discussed the possibility of constructing a rain garden downstream from the storm water structure in the northwest corner of the golf course parking lot. On February 13, 2012, Council approved a motion authorizing the city engineer to prepare preliminary site plans for two different sized rain gardens at the golf course. The preliminary site plans were then presented and discussed at the April 16, 2012, work session. Motion by Ldjj--r Second by To: --- /a I:1RFA\PLBW0RK512012\903 G.C. Rain Garden Award Contract,doc Request for Action August 27, 2012 Page 2 Discussions included the extent of treatment that was desired and how large an area of the golt course parking lot should be treated. It was recommended that the rain garden be sized to treat the entire parking lot for a one inch rain event. It was also recommended that an existing storm water catch basin in the northwest corner of the parking lot be removed to allow all runoff from the parking lot to flow through a curb cut and into a storm water structure prior to entering the rain garden. On May 29, 2012, Council passed a motion approving the development of plans and specifications for construction of the proposed rain garden at the golf course. The city engineer prepared plans and specifications, and Council approved the plans and specifications at its rune 25, 2012, meeting. On July 23, 2012, Council authorized staff to solicit bids for the project. Bids were received on August 17, 2012. The plans and specifications included a sump manhole in the base bid and a Stormceptor type structure as an alternate. Both structures would reduce the amount of sediment entering the rain garden. A Stormceptor type structure is more expensive than a sump manhole, but it would also remove additional floating debris, compared to the sump manhole. Funding The engineer's preliminary construction estimate was $63,500 to $74,500, depending on which storm water structure is selected. Plan sheets were sent out to ten firms. Bids were received from four firms, with the low bidder being Minnesota Dirt Works Inc. Their bid for construction of the rain garden was $53,782.05 with a sump manhole, or $62,417.05 with a Stormceptor type structure. Staff recommends the city award the contract to include the Stormceptor type structure for $62,417.05. The city's current CIP includes construction of a rain garden at the New Hope golf course. Funding would be from the city's storm water fund and possibly a grant for educational purposes, through the Shingle Creek Watershed Management Commission. Attachments The engineer's memorandum, a copy of the bid, and the resolution awarding the contract are attached. I:IRFAIPUBWORKS\20121903 G.C. Rain Garden Award Contract.doc City of New Hope Resolution No. 2012-127 Resolution awarding a contract for construction of a rain garden at the New Hope golf course (project No. 903) WHEREAS, rain gardens have been shown to be effective in improving the water quality of storm water runoff; and, WHEREAS, the city's current CEP includes construction of a rain garden at the New Hope golf course to improve storm water runoff water quality; and, WHEREAS, the city has received a bid for the construction of a rain garden; and, WHEREAS, the bid in the amount of $62,417.05 from Minnesota Dirt Works Inc. for the construction of a rain garden is the lowest responsible bid submitted; and, WHEREAS, the city engineering firm, Stantec, has recommended that Council award the contract to Minnesota Dirt Works Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That a contract in the amount of $62,417.05 for construction of a rain garden is awarded to Minnesota Dirt Works Inc. and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of August 2012. Mayor Attest: /—Az� Q&i — City Clerk August 17, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Golf Course Rain Garden- Quote Results City Project No. 903 Project No. 193802301 Dear Honorable Mayor and City Council: Quotes were received for the Project stated above on August 17, 2012. Transmitted herewith is a copy of the Quote 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 4 Bids. The following summarizes the results of the Bids received: Conhractor Low Minnesota Dirt Works, Inc. #2 Veit & Company, Inc. #3 Hoffman & McNamara Co. #4 Bursdhville Construction, Inc. Base Bid Alternate No.1 $53,782.05 $8,635.00 $61,447.00 $9,636.00 $72,885.50 $12,920.00 $79,732.00 $11,500,00 The low Bidder on the Project was Minnesota Dirt Works, Inc. with a Total Base Bid Amount of $53,782.05. This compares to the Engineer's Estimate of $63,500. 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 Minnesota Dirt Works, Inc. should be awarded the Project on the Total Base Bid Amount of $53,782.05. If the City Council wishes to award the Project to the low Bidder, Minnesota Dirt Works, Inc. on the Total Base Bid Amount plus Alternate No. 1, then the Adjusted Total Bid Amount would be $62,417.05. Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC Christopher W. Long, P.E, copy: Paul Coone, Bernie Weber, Shawn Markham — New Hope Mark Hanson, Katie Warner, Jason Petersen Stantec CD M, ss�iqq S 8 4 � e 1 6 98 to .q Z .L WL 5 ld CO 6 r4 6 9 g R E b q el I .8d sd �N CCR, 'RO 8 8 IR 1� K: -q C-R -q dd c I cm =C Z ER? s - - - - - K C6, Cd, 16:1 eA N -1 "t R R Mq m LA m m Nr CA Ln r4 4 A& Ln 4ft, &! 9 L-� 9 gn 40 A". *1 Go ms -W .4 v 8 TZ! 1 0 18� a, .3 C� m e4 mi M' 0 CS c W!a Ln 4 kk P.� u E m = Ln ca m 0, L2 d� C2 tun- L<U LU z z g 9 6 Z. LU 0 :3 UW zn w z LU 13C LU u CL bLL �Z: Nfi"'ZM6 zo, gz L=, z Lu ra 4z LU �� E r! & z LU L; Ln IM 8 ? 0 uz� �D OZU Ln w '^_ ^ v to, M JMM-da un �CE ` 113 i �sv s - N3CrdVD NM 35iH100 310'3 n E VJLOSBNNIW '3dOH M3N :1 a lit1 11 11 11 �F� 0 m m m m 1"P- z g I�u w w w (2F Ci i3 ci E7 L } 8 8 8 u M1> � m d W Z a7 Q rQ��1 ��— LL U V W N 5 LL Z 0 83 1�1 9d m z ! 8 Ya`J` zoo S fW0 U, >� z9=UXo e QElY Baa a n . —mLE JCL • - - Mai Lil—'i� 1 d ss e i .m FIM EIL La! 771 �F m m a �j �- �— n—�errm tmemllnorw� � !i4 A`�� .••� °' � � s �[0 T'� L06'ON J73[oMd JLLD EIII p tllOS3NN W33dOH M3N v �m �'� n r� a'rr t 1it ':� i .`-4!.yyr 'C; Y .,. .'lr:;:, ' 1 • , ja/ R I E _ s HIS It It 71 1! •, .mow. :'��.,/ _._ I � �! �� 1 :�' 1 �k��E !i-av .. Y N _ ' —__. a:- ..___ a.a �•-- :,�- • _._• s.. —_ :.. �__ sr / viol b t `s 4 Ogg i 16141 s 1 19 toll gm IS n, r ♦ M m n m August 29, 2012 Stantec Consulting Services Inc. 2335 highway 36 West St. Paul MN 55113 Tel: (651) 636.4600 Fax, (651) 6361311 Mr, Dan Ames Minnesota Dirt Works, Inc. 2500 County Road D West, Ste. 105 Burnsville, MIS,' 55337 Re: City of New Hope, Minnesot, Golf Course Rain Garden- Quote Results City Project No. 903 Project No. 193802301 Notice of Award/Contract Documents Dear Mr. Ames: You are notified tnat your laid dated August 17, 2012 for the above -referenced Project has been considered, You are the successful Bidder and are awarded a Contract for the amount of $62,417.05 for the Total Base Quote 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 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr, Steven Scndrall 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 Minnesota Dirt Works, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attuntion: 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, r � W. X7 -,- Chris Long, PE Enclosures: Pour Contract Documents cc: Vain: Leone, City of, New Hope Steve Sondrall, City Attorney September 18, 2012 Mr. Dan Ames Minnesota Dirt Works, Inc. 2500 County Road D West, Suite 105 Burnsville, MN 55337 SUBJECT: Golf Course Rain Garden - project 903 At'its meeting of August 27, 2012, the New Hope City Council approved the contract with your company for project no. 903 for $62,417.05. 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, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.n-n.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 AMANDA M. FLmTH GORDON L. JENSEN' ADAM J. KAUFMAN MEJ AM P.PERSELL N� STEPHEN M.RINGQGIST' STBvEN A.SONDRALL 'Real Property Law specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law September 11, 2012 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2012 Golf Course Rain Garden City Project NO.: 903 Our File No.: 99.10030 Dear Val: 8525 EDMROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 writer's e-mail - sas@jspattorneys.com personal delivery Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Minnesota Dirt Works, Inc. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Chris Long, City Engineer P:\AnorneylSASU Client: iles\2 City of New Hope\99-I CW C (Public Works genera!)\Leone ltrGc:f Course Rain Garden lam.(9C3).dac Com -TRACT ppi,Jtvt��1�5 GpyTRACT -10C.rJNtEbTS Project Manual For Golf Course Rain Garden New Hope, Minnesota City Project No. 903 3uly 2012 Project No. 1938023 11 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 A Long Date: July 27, 2012 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS C 2012 Stantec 1193602301 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Invitation for Quotes 0021 13 Instructions to Bidders 00 41 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Standard General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01- General Requirements 01 1000 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 70 00 Execution Requirements SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 23 00 Excavation & Fill 31 23 13 Subgrade Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 — Exterior Improvements 32 92 00 Turf & Grasses 32 93 00 Trees, Shrubs, Perennials Division 33 - Utilities 33 05 05 Trenching and Backfilling 33 40 00 Storm Drainage Utilities 33 46 00 Subdrainage END OF SECTION TABLE OF CONTENTS 0 2012 Stantec 193802301 00 01 10 -1 SECTION 00 11 13 INVITATION FOR QUOTES Quotations are due at 12:00 PM, C.D.S.T., on Friday, August 17, 2012. Quotations shall be sent to Chris Long, the Engineers Project Manager, via email at chris.long0stantec.com or mailed to 2335 Highway 36 West, St. Paul, MN 55113, The Quotations are for the following: Golf Course Rain Garden In general, Work consists of rain garden construction, plantings, storm sewer, storm water pretreatment manhole, and sodding. 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 Quotes, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota C 2012 5tantec 1 193802301 INVITATION FOR QUOTES 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. 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: C 2012 Stantec 1193802301 INSTRUCTIONS TO BIDDERS 002113-1 A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICILE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. �~ -- INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193602301 002113-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. 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 (I) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; F. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon 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 INSTRUMONS M BIDDERS Q 2012 Stantec 1193802301 002113-3 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 receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. INSTRUCTIONS TO BIDDERS O 2012 Stantec 1193802301 002113-4 ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11- SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is - specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 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. INSTRUMONS M BIDDERS C 2012 Stantec 193802301 002113-5 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 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, INSTRUCTIONS TO BIDDERS p 2012 Stantec 1 193802301 002113-6 named in the Contract Documents, in accordance with Paragraph 11.02.6 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 4100, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802301 002113-7 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. 19.05 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 21.01 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS © 2012 Stantec 1 193802301 002113-8 fir/ P BIDDER: _, '0—Vn W"Lics stwftc DOCUMENT 00 41 10 QUOTE FORM GOLF COURSE RAIN GARDEN CITY PROJECT NO. 903 STANTEC PROTECT NO. 193802301 NEW HOPE, MINNESOTA 2012 THIS SID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, If this Bid is accepted, to enter into an Agreement with Owner in the form Included In the Bidding Documents to perform all Warts as specified or Indicated in the Bidding Documents for the prices and within the times Indicated In this Bid and In accordance with the outer 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 t wm dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days ager 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 foilowing Addenda, receipt of all which is hereby acknowledged: Addendum Date B. Bidder has visited the Ste and become familiar with and is satisfied as to the general, local, and Site conditions that may affeu cost, progress, and performance of the Work. C. Bidder is familiar with and Is satisfied as to all federal, state, and local taws 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, tfte Site (aupt 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 amep the consequences for not doing so) all additional or supplementary examirodons, Investigations, eaomations, 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 eonshudtion to be employed by Bidder, Including applying the spedfic means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documerb to be employed by (dder, and safety precautions and programs incident thereto. 0 2012 Stontcc 1193802301 _ W 41 10 - I QUOTE 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 Ste that relates to the Work as Indicated in the Bklding 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, t1'sls, studies, and data with the Bidding Documents. Y. Bidder has given Engineer written notice of all confllcts, errors, ambiguities, or discrepancies that Bidder has discovered In the Bidding Documen% and the written resolution thereof by Engineer is acoeptable to Bldder. a' The Bldding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of Its execution of the Agreement. 4.01 Bidder further represents that: A The prices In this Bid have been arrived at independently, without consubtton, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. The prices In this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for ttte purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's drecdon, 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, agalnst Owner, Engineer and their employees and agents, whlch arise out of or relate to such investigation and evaluation, and stataments made as a result thereof, except for statements that can be shown by dear and convincing evidence to be Intentionally false and made with actual malice. Nothing in this paragraph is intended to reshrld: Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in aeoordance with the Contract Documents for the following priee(s): All specific cash allowances are included in the price(s) set forth below and have been computed In accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantiles provided, determined as provided In the Contract Documents. a 2012 s>>ntm 1193BO2301 004110-2 ` ' No. Item Units Qty Unit Price Total Price 1 BASE BID MOBILIZATION LS 1 400 G C� 2 SILT FENCE, MACHINE SLICED LF 100 $ $ r 3 TEMPORARY CONSTRUCTION FENCE LF 240 $ .. $ 4 REMOVE TREE EA 2 #-�s� $ Poo � 5 REMOVE TREE STUMP EA 2 $ # 1 9-0t /04A wIt 6 SALVAGE AND REINSTALL CHAIN LINK FENCE LS $ $ 7 CONSTRUCT RAIN GARDEN SF 3,634 $ $ 3 7,__ /' 16 3 8 6" NON -PERFORATED HDPE PIPE LF 65 $ $ 9 6" PERFORATED HDPE PIPE LF 100 $ J-� $ 3 10 CONNECT TO EXISTING STRUCTURE (CORE EA 2 $ $ 6 y DRILL) 70 11 RECONSTRUCT INVERT EA 2 $ $ 12 GEOTTOMLE FABRIC; TYPE IV SY 404 $ ' $ 7,6 T ' 13 AUGMENTED SOIL MDCTURE Cy 100 14 8" PVC STORM SEWER LF 40 $� $ �0 15 FLARED END SECTION EA 1 $ I m .� tell " 16 RIPRAP, CLASS 1 CY 2 $ $ 17 1/4" STAINLESS STEEL PLATE (REMOVABLE) EA 1 $� $� 18 72" DIAMETER MANHOLE WITH 3' SUMP EA 1 $ 200 19 LAWN EDGING - 5" BLACK POLYETHYLENE LF $' $ 20 DOUBLE SHREDDED HARDWOOD MULCH Cy 25 $ $ (3" DEPTH) PLC� 21 SODDING, LAWN TYPE WITH 4 OF TOPSOIL SY 1,b00 $ $ 89 z 22 PLANTINGS LS 1 $ $ 6ii'`w' 3--lam'p— 23 SEEDING ACRE 0.5 $ $ TOTAL BASE BID 0 2012 Bunte 11936=Di 00 41;0.3 QUOTE FORM No. item Units qty Unit Price Total Price ALTERNATE No. i - PRETREATMENT STRUCTURE 24 PRETREATEMENT STRUCTURE LS- 25 72" DL METER MANHOLE WITH Y SUMP - TA $ � $ 75 bo DEDUCT' TOTAL. ALTERNATE NO. f - PRETREATMENT STRUCTURE $ --- 0 2012 Stlnbw 1193807341 90 4110.4 QUOTE FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6,02 Bidder accepts the provisions of tthe Agreement as to liquidated damages In the event of failure to complete the Work within the times specified abohm, 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. 6.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditlorhs, and the Supplementary Conditions. If Bidder Is: An 1n6lvidu;� SUBMrMD on _ _4- 17 2012, Name (typed Or printed): By: (SEAT.) (Individual's s€gnatum) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: .. _ Fax No.! 0 2012 SWtac 1 1936MOl an 4110 - 5 QUOTE FORM a e hi Partnership Name: - SEAL) By: (Signature of general partner) Name (typed or printed).- Business rinted): Business Street Address (No P.O. Box #'S): . Phone No.: Fax No.: Corporation Name- /"rsN u ..c (SEAL) State of Incorporation: _ 1wf -0m Type (General Business, Prof 5er�fce, Llmlted Liability): �• -4 E By: (Signature) Name (typed or printed): __AA,' 401 iJ Title: Attest - - --(CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s)- MAS Ss.7-37 Phone No.•� -7 ��-� i/� Fax No.:�� Tse-�f 0 2012 S1antec 1183802301 00 4110 - 6 Quare FOR14 A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: (Signature of joint venture partner) Phone No.: _... „ Fax No, Jalnt Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign, The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOMMENT (i 2012 stantec l 1gmmoi 004110-7 QUOTE FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOWALL MEN 6Y THESE PRESENTS, THAT WE Minnesota Dirt Works, Inc. 2500 W. County Road 42 Suite #105 Burnsville MN 55337 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square -Hartford, CT 06163 a corporation duly organized underthe laws of the State of as Surety, hereinafter called the Surety, are held and firrnly bound unto CITY OF NEW HOPE 4401 X Ion Avenue North New Hope, MN as Obligee, hereinafter tailed the Obligee, In the sum of Five Percent of Amount Bid Dollars ($ 5% }, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Golf Course Rain Garden NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance wish the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or In the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed and sealed this 17th day of August 2012 Minnesota Dirt Wo rs;ii _'_ u Daniel C. Ames President SVkry �'"""'`� Travelers Casualty and Suretv Comuanv of America w AIA DOCUMENT A310 Q BID BOND 0 AIA • FEBRUARY 1470 ED, • THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D.C. x0006 ACKNOWLEDGMENT OF CORPORATION State of Minnesota) on. On this 17th day of August: 2012 County ofD .A4 ) before me appeared Daniel C. Ames to me personally known, who, being by me duly sworn, did say that he is the President of MINNESOTA DIRT WORKS, _ INC. a corporation, that the seal affixed to the foregoing .instrument is the corporate seal of said corporation,(sf no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Daniel C. Ames acknowledged said instrument to be the free act and deed of said corporation. THOMAS M' Iw BE MEL 1 NGi0P1161l -MffWA Notary Public l✓�,,1.�4- County, myowdwwwlpips My commission expires /4-7 ACKNOWLEDGMENT OF CORPORATE SURETY State of MIMESOTA ) ) as. On this 17" day of August 2012 County of HENNEPIN ) before me appeared Linda K. French to me personally known, who, being by me duly sworn, did say that she is the _ Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed In behalf of said corporation by authority of its Board of Directors; and that said Linda K. French acxnowiedged said instrument to be the free act and deed of said MAN"_ SANDRA M. DOZE r S, i• : NOTARY PUBLIC -MINNESOTA ~r�i sh MYCommission Esp oSJail. 31,2Q16 � M �v corporation Notary Public Ocounty, My commission expires WARNING: THIS POWER OF AMk POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company M-avelers 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 Altorney4n Fact No. 224175 Certificate No, 004990355 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 latus 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 duty 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 Bruce N. Telander, Donald R. Olson, John E. Tauer, Linda K. French, R. W. Frank,Craig Resnick, Rachel Thomas, Nicole Nelson, Joshua R, Loftis, Brian J. Oestreich, Sandra M. Doze, and Jerome T. Ouimet of the City of minnea-nalis , State of Minnesota , their true and lawful Altorney(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, recognizunces, 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 ibis instrument to be signed and their corporate seals to be herein affixed, this day of August 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. haul Guardian Insurance Company 7th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and. Guaranty Company G1.6U,, � 4,\FE 6 ��tt _!N,gGB ai fnSUq �l,,sr W4 iM Y d • F �(ryiAHGS`��%.%`� �..Y.,_. r�! , 4�� wilt State of Connecticut City of Hanford ss. Jay: Georg Thompson, for ice President On this the 7th day of August 2012 before me personally appeared George W. Thornpsrm, who acknowledged himself to be the Senior Vice President of Famtingmn Casually 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. 0• , In Witness Whereof, I hereunto set my hand and official seal. " tM Q + C My Commission expires the 301h day of June, 2016. * p�L1y {r Marie C. Tetreault, Notary Public 38440-6-11 Printed in U.S.A. WARNING -THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS INVALID 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 Fut and Marine Insurance Company, St. Paul Guardian Instuance Company, St. Paul Metz ury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, witich resolutions arc now is Boll 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 an 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 fled 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 Fxwudve Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistamt 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 Proscribed 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 TrIfRTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vwe 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 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 Insarance 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 Uniti�l;g5�tates Fidelity. and Cuarfrity Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said CompaRit' whiCh,is iii full fora�l�ial . effect and has not been revoked. A IN TESTIMONY WEWREOF, I have hereunto set my hand and tift`tQ the seals of said wCgtpanlrs this --1 7-th day of _ _ _ August 2p12 , P Kevin E. Hughes, Assistant Sec Lary tt i977 g �1 , ^ �7��ssetd$8 �J t ca+r ,Yp"oitliR Jr alert To verify the authenticity of this Power of Attorney, call 1-900-421-3884 or contact us at www.travelemboM.com. Please refer to the Attorney -In -Fact number, the abovo-named individuals and the details of the bond to which the power is attached. WAANIWI-THIS Prwr-n nF ATRIRIUFv IR INVAI In WITUNII-rT14F olxn nnonco SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the CCU of New Hope. Minnesota (hereinafter called Owner) and Minnesota Dirt Works Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: rain garden, plantings, storm sewer improvements. ARTICLE 2 — THE PR03ECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Golf Course Rain Garden for the City of New Hope, Minnesota, City Project No 903. 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 Tlmoe 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 Dales for Substantial Completion and Final Payment A. The Work will be substantially completed on or before October 1, 2012, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 30, 2013. 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 $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires AGREEMENT 0 2012 Stantec ' 193802301 00,5210-1 after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE S — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Sixty -Two Thousand, Four Hundred Seventeen Dollars and Five Cents ($62,417.05) for the Total Base Bid plus Alternate No. 1. 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 Pmgmm Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, Including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.135 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. C 2012 Stantec 1193802301 AGREEMENT FORM 005210-2 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all; (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Slte; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Q 2012 5tantec 1193802301 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: Golf Course Rain Garden, City Project No. 903, New Hope, Minnesota. 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 Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without Ilmltation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Suers 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. C 2012 Stanbec 1193802301 AGREEMENT FORM 005210-4 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 contractor's certificaffons 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. Q 2012 Stantec1193802301 AGREEMENT FORM 005210-5 A CO Q RDtRe .. .......... WWWW DATE IMP AIDDNY) m 09/06/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FEDERATED MUTUAL INSURANCE COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Home Office: P.O. Box 328 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Owatonna, MN 55060 Phone: 1-888-333-4949 COMPANY FEDERATED MUTUAL INSURANCE COMPANY OR A FEDERATED SERVICE INSURANCE COMPANY INSURED 279-95&7 MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 COMPANY B COMPANY BURNSVILLE MN 55337 C COMPANY D 1W N.", .-N 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. co LTR TYPE OF INSURANCE' I POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY] LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx OCCUR 9920876 05/14/12 05114/13 PRODUCTS - COMP/OP AGG $ 2 000 000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,WO,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) * 100,000 MED EXP (Any one person) 4 AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) A — ALL OWNED AUTOS SCHEDULED AUTOS 9920876 05/14/12 05/14/13 X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE F1 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT .......... OTHER THAN AUTOONLY} ANY AUTO EACH ACCIDENT- -4 AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 A UMBRELLA FORM N 9920878 05/14/12 05/14/13 AGGREGATE o 4,000,000 $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE 9920879 05/14/12 05114/13 x I WC STATU LIMITS 0TH TORY R .. .. .. .......... .... .. . EL EACH ACCIDENT 500=0 EL DISEASE - POLICY LIMIT S 500,000 EL DISEASE - EA EMPLOYEE �41500,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSAOCATIONSIVENICLESISPECIAL ITEMS CERTIFICATEHOLDEIR IS AN ADDITIONAL INSURED FOR ADDITIONAL INSURED INCLUDES STANTEC CONSULTING SERVICES GENERAL LIABILITYAND BUSINESS AUTO LIABILITY. PROJECT #1938=M. CITY PROJECT ill= - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN .i�� I Nil I A .11 279067 CITY OF NEW HOPE n "No, &• U06 xoxl:�: .. A .: R, 36 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE 4401 XYLON AVE N EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NEW HOPE MN 55428-4843 _3D_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �m �w R A." 6 NO %"k FED.COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM By This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Job or Project: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO EXCAVATION WORK AT PROJECT# 193802301. CITY PROJECT # 903 - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN. ADDITIONAL INSURED ALSO INCLUDES STANTEC CONSULTING SERVICES Insured: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 Copyright, Insurance Services Office, Inc., 1992 CG -F-64 (05-97) Policy Number: 9920876 Transaction Effective Date: 09-05-2012 (CG 2010 11-85) FED.COPY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART INSURED: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 1. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include the Additional Insured specified below but only with respect to liability arising out of your operations or premises owned by or rented to you. 2. The insurance does not apply to "bodily injury" or "property damage" liability arising out of the sole negligence of the Additional Insured named below. 3. We agree to notify the Additional Insured named below at the address stated below of any cancellation of, or material change to, this policy. Relationship of the Additional Insured to the Insured: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO EXCAVATION WORK AT PROJECT# 193802301. CITY PROJECT # 903 - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN FEDERATED MUTUAL INSURANCE COMPANY Home Office 121 East Park Square Owatonna, MN 55060 (507) 455-5200 Additional Insured Name and Address: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA -F-75 (05-92) Policy Number: 9920876 Transaction Effective Dake: 09-05-2012 Insured Copy 4-615 THOMAS L PETERSON F6DEMMED COMMERCIAL PACKAGE INSURANCEUV POLICY CHANGE ENDORSEMENT FEDERATED MUTUAL INSURANCE COMPANY Home Office 121 East Park Square Owatonna, MN 55060 (507) 455-5200 Name of Insured: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 Policy Effective 05-14-2012 General Liability Revisions Add Additional Interest CITY OF NEW HOPE 4401 XYLON AVE N NEW (HOPE MN 55428 Addll Interest - Owners (CG -F-64) Add Form(s) CG -F-64 (05-97) Additional Insured - Owners, Lessees Or Contractors (Form B) No General Liability Charge Continued on Next Page The above changes to your policy have been made. All other conditions and provisions remain unchanged. you have any questions, please contact your Producer. SECRETARY PRESIDENT IL -F-4 (09-99) Policy Number: 9920876 Transaction Effective Date: 09-05-2012 Issue Date: 09-06-2012 Insured Copy 4-615 THOMAS L PETERSON PEDAFMTED COMMERCIAL PACKAGE INSURANCEv® POLICY CHANGE ENDORSEMENT FEDERATED MUTUAL INSURANCE COMPANY Horne Office 121 East Park Square Owatonna, MN 55060 (507) 455-5200 Name of Insured: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 Policy Effective 05-14-2012 Business Auto Revisions Add Additional Interest CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE,MN 55428 Additional Insured Add Form(s) CA -F-75 (05-92) Additional Insured Endorsement No Business Auto Charge No Endorsement Charge The above changes to your policy have been made. All other conditions and provisions remain unchanged. you have any questions, v please contact your Producer. SECRETARY PRESIDENT IL -F-4 (09-99) Policy Number: 9920876 Transaction Effective Date: 09-05-2012 Issue Date: 09-06-2012 Insured Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 - (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Job or Project: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO EXCAVATION WORK AT PROJECT## 193802301. CITY PROJECT ## 903 - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN. ADDITIONAL INSURED ALSO INCLUDES STANTEC CONSULTING SERVICES Insured: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 Copyright, Insurance Services Office, Inc., 1992 CG -F-64 (05-97) Policy Number: 9920876 Transaction Effective Date: 0"5-2012 (CG 20 10 11-85) Insured Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART INSURED: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 1. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include the Additional Insured specified below but only with respect to liability arising out of your operations or premises owned by or rented to you. 2. The insurance does not apply to "bodily injury" or "property damage" liability arising out of the sole negligence of the Additional Insured named below_ 3. We agree to notify the Additional Insured named below at the address stated below of any cancellation of, or material change to, this policy. Relationship of the Additional Insured to the Insured: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO EXCAVATION WORK AT PROJECT## 193802301. CITY PROJECT # 903 - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN FEDERATED MUTUAL INSURANCE COMPANY Home Office 121 East Park Square Owatonna, MN 55060 (507)455-5200 Additional Insured Name and Address: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA -F-75 (05-92) Policy Number: 9920876 Transaction Effective Date: 09-05-2012 Additional Insured Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 - (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Job or Project: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO EXCAVATION WORK AT PROJECT# 193802301. CITY PROJECT # 903 - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN, ADDITIONAL INSURED ALSO INCLUDES STANTEC CONSULTING SERVICES Insured: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 Copyright, Insurance Services Office, Inc., 1992 CG -F-64 (05-97) Policy Number: 9920876 Transaction Effective Date: 09-05-2012 (CG 20 10 11-85) Additional Insured Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART INSURED: MINNESOTA DIRT WORKS INC 2500 COUNTY ROAD 42 W STE 105 BURNSVILLE MN 55337 1. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include the Additional Insured specified below but only with respect to liability arising out of your operations or premises owned by or rented to you. 2. The insurance does not apply to "bodily injury" or "property damage" liability arising out of the sole negligence of the Additional Insured named below. 3. We agree to notify the Additional Insured named below at the address stated below of any cancellation of, or material change to, this policy. Relationship of the Additional Insured to the Insured: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO EXCAVATION WORK AT PROJECT## 193802301. CITY PROJECT ## 903 - CITY OF NEW HOPE GOLF COURSE RAIN GARDEN NEW HOPE MN FEDERATED MUTUAL INSURANCE COMPANY Home Office 121 East Park Square Owatonna, MN 55060 (507) 455-5200 Additional Insured Name and Address: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA -F-75 (05-92) Policy Number: 9920876 Transaction Effective Date: 09-05-2012 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 %S- 2012 (which is the Effective Date of the Agreement). Owner: City of ew Hope, Minnesota B _ Attest:/L" L(,(," Addr%"g r —rices: RK - CITY OE NFWHO.PE 4401 XYLON SIVE N0. NEW HUPE, N 55428 Designated Representative: Name: KIRK M( Title: CITY M) Address: 4401 XV NEW HOPE MN 55428 Phone: 763-531-5100 Facsimile: 763-531-5136 - ® 2012 Stantec 1193802301 Contractor: Minnesota Dlrt W , Inca. By: Address for giving notices: 2:�r.� E,✓. C'� � �� 1u, ;� /ter AA1 �s 7 License No.: (Where Applicable) Designated Representative: Name: sAntl sw --abi Ara Title: Pp ,�' f -v4- w. . Add ress:.9 Z 0,, 4r,, " Ca S�,'� 14s– Phone: W.2 Facsimile: A512 --Ps-r I fll Q END OF SECTION AGREEMENT FORM 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): MINNESOTA DIRT WORKS, INC. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 2500 W. County Road 42, Ste..#105 One Tower Square, 2SHS Burnsville, MN 55337 Hartford, CT 06183 OWNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, MIC 55428 CONTRACT Effective Date of Agreement: September 5, 2012 Amount: $62,417.05 Description (Name and Location): Golf Course Rain Garden New Hope, MN BOND Bond Number: 105798603 Date (Not earlier than Effective Date of Agreement): September 5, 2012 Amount: $62,417.05 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL MINNESOTA DIRT WORKS INC. (Seal) Contractor's Name a tfo trate Seal By: �' S ig ure Daniel C. Ames Print Name President Title SURETY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Seal) Surety's N and rpotate Seal By: at e(Attach Power of Attorney) Brian J. Oestreich Print Name Attorney -in -Fact Title Attest: 1 Attest: C764af Signature Signature Li da K. French hv' Surety Account Rep Title Title '"4. Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner; to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 PaLre 2 oi3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages ,. caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY— (Name, Address and Telephone) Cobb Strecker Dunphy & Zimmermann Surety Agency or Broker: 150 So. 5th St. Ste. #2800 y' Owner's Representative (Engineer or other Minneapolis, MN 55402 rty): 612-349-2400 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Pane 3 of PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): :r MINNESOTA DIRT WORKS, INC. 2500 W. County Road 42, Ste. #105 Burnsville, MN 55337 SURETY (Name, and Address of Principal Place of Business): TRAVELERS CASUALTY AND SURETY COMPANY One Tower Square, 2SHS OF AMERICA OWNER (Name and Address): Hartford, CT 06183 CITY OF NEW HOPE 4401 Xylon Avenue North, New Hope, MN 55428 CONTRACT Effective Date of Agreement: September 5, 2012 Amount: $62,417.05 Description (Name and Location): Golf Course Rain Garden New Hope, MN BOND Bond Number: 105748603 Date (Not earlier than Effective Date of Agreement): September 5, 2012 Amount: $62,417.05 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL MINNESOTA DIRT WORKS, INC. (Seal) Contractor's NCorporate Seal By. S igtikure Daniel C. Ames Print Name President Title Attest: ignature Ila,"Ai Titl all 0 an 9 S-74 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Seal) Surety's N an otporate eal By: S ia%tf Attach Power of Attorney) Brian J. Oestreich Print Name Attorney--in-Fact Title Attest: cA- &*�& Signature Lina K. French Surety Account Rep Title Note: Provide execution by additional parties, such as, joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished Iabor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants -who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Pam 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of Iimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms 'thereof FOR INFO%\4ATION ONLY— (Name, Address, and Telephone) Cobb Strecker Dunphy & Zimmermann Surety Agency or Broker: 150 So. 5th St., Ste. #2800 Minneapolis, MN 55402 Owners Representative (Engineer or other): 612-349-2400 EJ CDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 3 of 3 ACKNOWLEDOMT OF CORPORATION State of Minnesota) ss. On this .� qday of -September 2012 County of ) before me appeared Daniel C. Ames to me personally known, who, being by me duly sworn, did say that he Is the President of MINNESOTA DIRT WORKS, INC. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation,(If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf authority of its Board of Directors; and that said acknowledged said instrument to be the free corporation. THOMAS MICHAEL BERM®. Hrn'ORWO-MIM ars MY 00MWSSIQN EM ES WAS r of said corporation by Daniel C. Ames act and deed of said Lary Public 6,.nW, County, commission expires // 3t//b ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 5:h day of _September 2012 County of HENNEPIN ) before me appeared Brian J. Oestreich to me personally known, who, being by me duly sworn, did say that he is the Attorney_ -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. ,_ Notary Public My commission expires County, WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ► POWER OF ATTORNEY TRAVELERSFarmington 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 St. Paul Guardian Insurance Company Attorney -In Fact No. 224175 Certificate No. 004990380 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 Bruce N. Telander, Donald R. Olson, John E. Tauer, Linda K. French, R. W. Frank,Craig Remick, Rachel Thomas, Nicole Nelson, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, and Jerome T. Ouitnet of the City of Minneapolis , State of Minnesota , 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 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 August 2012 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 7th St Paull Mercury limm ranee Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company p } yY1RE 4 �Tw NSG �.� lnaf/q 41,tYANG N�� s1![1rAlt♦j t 1977 �95t o sl.nt. l� �� aSAL! State of Connecticut City of Hartford ss. By: Al� 19�i� Georg Thompson,nier ice President On this the 7th day of August 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. 03 W In Witness Whereof, I hereunto set my hand and official seal. w� e,. My Commission expires the 30th day of June, 2016. * p�� # Marie C. Tetreault, Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OFATTORNEY IS INVALID WITHOUT THE RED BORDER 1 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 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 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 Sates 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 tull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed the seals of said( ompanies this 5th day of September —20 12 iol� Kevin E. Hughes, Assistant Se tary p4Sly� 4 H0. 6 �pN ,RSG Y 4N$Vq PLSY 4Np olpa, 3TkAI. r EANCE cr1..,...ltJ V ..rS' y'1T1 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 legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD- GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by a Mown 88&tr A" 4604040,11WM$W. sat Engksdwx 9:�Ek*r 0 "Pro tuffor 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 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.or 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.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work..................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................... ..... .. 42 .... ..................... Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 -- Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period................................................................::............................................ 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PsEe iw 00 72 05 62 Article17 — Miscellaneous.................................................................................................................... 17.01 Giving Notice....................................................................................................................62 17.02 Computation of Times.......................................................................................................63 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PsEe iw 00 72 05 ARTICLE 1-- DEFINITIONS AND TERlIUNOLOGY 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. Badder—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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 1 of 62 0072 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 2 of 62 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 fDdng 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 Phe 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. Pace 3 of 62 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change .Directive A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," `proper," "satisfactory," or adjectives of lice effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action., or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pale 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words `perform" or `provide," when used in connection with services, materials, or equipment, shall mean to fiunish 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 industryor 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 Ettective 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof} to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were 'no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members,. partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S of 62 007205 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 '00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data 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 tent, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of professional Engineers for EJCDC. All rights reserved. Pace 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 Hen against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data fiunished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is 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: 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (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. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -- BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.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: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage attorded 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. Pa`e 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 hall 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 EJCDC. All rights reserved. Pace 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out 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 5.073 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 21 of 62 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident 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 C 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 22 of 62 00 72 05 6.03 Services, .Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 reamed 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 fiunish 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. Pate 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 25 of 62 0-07205 Engineer for making changes in the Contract Documents (or m the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 _ 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 7007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 tune of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-780 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 007205 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 C 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 14.47.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. Paze 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.1). 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Paee 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. with each submittal, Contractor shall give Engineer specltic written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Paee 32 of 62 �tI�lll3lF7 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJC'DC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 33 of 62 0140,14 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for 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 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract "Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 35 of 62 0072 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 7.0 LA 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 E TCDC. All rights reserved. Paee 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 7205 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pase 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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.B. 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. Pace 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, 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 11.013, and shall include only the following items: 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 0 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.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. 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 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 LOLA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price willbe 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 Copyrigbt C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Clain 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 12.0l.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.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shallbe 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 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.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 I1.0l.A.4, 11.0l.A.5, and 11.0l.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Tames A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 007205 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 007205 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B 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 famish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the FTCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and. other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 7205 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 0 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Pace 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 t4 t arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. in the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. E TCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.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 foil 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Ihspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satistactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final. Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCAC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute , 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 14.05, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCAC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National society of Professional Engineers for E]CDC. All rights reserved. Pace 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to- supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. 'All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B 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 15.023 and 15.02.C. 15.03 Otivner 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): I. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement oftemainated contracts with.Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer R& to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any 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 parry 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 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright QD 2007 National Society of Professional Engineers for E1CDC. All rights reserved. Page 63 of 62 0072 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.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 panted copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.023 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.063 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. C 2017 Stantec 193802301 SUPPLEMENTARY CONDITIONS 007305-1 SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.8: 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. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance a. Each Accident $2,000,000 b. Aggregate $6,000,000 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by SUPPLEMENTARY CONDMONS © 2012 Stantec 193802301 007305-2 Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. 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 p 2012 Stantec 1 193802301 007305-3 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.E Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 11- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.1) in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. 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 -14.02.85 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 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.B, 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 © 2012 Stantec 1193802301 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: (1) 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. 3udgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY MNDMONS © 2012 5tantec 193802301 007305-5 SECTION 01 10 00 SUMMARY LJffLYf Wd ;1 ►14 ;T_ 1 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: Golf Course Rain Garden for the City of New Hope, Minnesota, City Project No 903. B. Description of Work: Project consists of the construction of a rain garden at the New Hope Golf Course. The work will include, but is not limited to: rain garden construction, plantings, storm sewer, storm water pretreatment manhole, and sodding. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Access to the site shall be as described on the Drawings. 1.07 OTHER WORK AT SITE A. The golf course is expected to remain open and operational throughout the construction. All persons on the site shall be courteous of golfers and be aware of safety concerns. SUMMARY C 2012 Stantec 1193802301 011000-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY C 2012 Stantet 1193802301 011000-2 SECTION 01 ZO 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES Q 2012 Stantec 1193802301 012000-1 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 to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with all permits, licenses, and approvals which may be required for the Project. Any costs paid by Contractor. 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. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference (if required) 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. © 2012 Stantec : 193802301 PROJECT MANAGEMENT AND COORDINATION 013100-1 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 PR03ECT MANAGEMENT AND COORDINATION © 2012 stantec 1193802301 013100-2 SECTION OI 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 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 2 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 clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: Q 2012 Stantec E 193802301 SUBMITTAL PROCEDURES 013300-1 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. SUBMITTAL PROCEDURES © 2012 Stantec 1193802301 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES ©2012 Stares 1193802301 013300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART1 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 included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. 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. 1.07 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. 1.08 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; C 2012 Stantec 1193802301 QUALITY REQUIREMENTS 014000-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2012 Stantet 1193802301 014000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS :7.1A6Mcl421471� 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 29 95 00 - Transplanting Existing Trees. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the followinn! 2. A Bid Item has been provided for Temporary Construction Fence. Measurement will be by length in feet along the fence bottom between posts. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. TEMPORARY FACILITIES AND CONTROLS p 2012 Stantec 1193802301 015000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 ent oforiginal Contract amount earned - 50 E 90 ent of original Contract amount earned -100 100 2. A Bid Item has been provided for Temporary Construction Fence. Measurement will be by length in feet along the fence bottom between posts. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. TEMPORARY FACILITIES AND CONTROLS p 2012 Stantec 1193802301 015000-1 B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS 2.01 MATERIALS A. Temporary Construction Fence 1. Commercially available. 2. Non -conducting. 3. Subject to Engineer's approval. PART 3 EXECUTION 3.01 MOBILIZATION A. Utilize only the Site access as indicated on the Drawings. Prior to mobilizing, verify the access route with Owner. B. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. C. Protect work area and equipment with Temporary Construction Fence as shown on the Drawings. 3.02 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.03 TEMPORARY CONSTRUCTION A. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.04 TRAFFIC CONTROL A. General 1. If needed, all traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor shall arrive to the Site in the minimum number of vehicles required to complete the work. TEMPORARY FACILITIES AND CONTROLS © 2012 Stantec , 193802301 015000-2 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. END OF SECTION TEMPORARY FACILITIES AND CONTROLS C) 2012 5tantec 1193802301 015000-3 SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration a. Silt Fence, Machine Sliced: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 2. Section 32 92 00 —Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2130 — Application of Water. 2. 2573 Storm Water Management. 3. 2575 Controlling Erosion and Establishing Vegetation. 1.04 SUBMITTALS A. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 stantec 1193802301 015713-1 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. F. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1193802301 015713-2 PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up Flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re-establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. Q 201 Stantec 1193802301 TEMPORARY EROSION AND SEDIMENT CONTROL 015713-3 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N I. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1193802301 015713-4 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. Final Application for Payment, including accompanying documentation. 6. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. 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. EXECUTION REQUIREMENTS C 2012 Stantec 193802301 017000-1 B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. EXECUTION REQUIREMENTS cp 2012 Stantec 1193802301 017000-2 3.07 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146-1173 or by calling (651) 296-4444. END OF SECTION EXECUTION REQUIREMENTS C 2012 5tantec 1193802301 017000-3 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. Bid Items have been provided to Remove Tree and to Remove Tree Stump. Measurement will be by physical count of each tree or stump that is cleared and grubbed. Payment will constitute compensation in full for all removal, disposal work, and costs. 2. A Bid Item has been provided for Salvage and Reinstall Chain Link Fence. Measurement will be Lump Sum. 3. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 4. Brush Removal: This Work shall be incidental to the Project. 5. Sod Removal: This Work is considered incidental to the other Work of the Contract. 6. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2101— Clearing and Grubbing. 2. 2571— Plant Installation. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. © 2012 Stantec 1193802301 SITE CLEARING 311000-1 E. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. F. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. 1.05 QUALITY ASSURANCE A. Burning 1. Acquire Minnesota Pollution Control Agency (MPCA) and all required State Permits. Burning onsite is not permissible. 2. Conform to all local regulations. 1.06 SEQUENCING AND SCHEDULING A. Schedule removals as needed to prevent contamination of embankment materials or salvaged topsoil. B. Stockpile salvaged materials and protect them from damage throughout construction. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Removals will be clearly marked by the Engineer. B. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. C. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. D. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. E. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. F. Execute the Work in a careful and orderly manner with the least possible disturbance to the public. G. Stockpile soil to eliminate contamination with other on Site materials. 3.02 TREE AND STUMP REMOVAL G:' O 2012 Stantec 1 193802301 311000-2 A. Tree Removal: Cut off, remove anti dispose of trees entirely, as indicated in the Drawings. All stumps, roots and other remains shall be removed to a depth of 24" below finished grade. B. Stump Removal: All stumps, roots and other remains shall be removed to a depth of 24" below finished grade. C. Backfill all depressions resulting from the grubbing operations in accordance with Section 3123 00. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 SALVAGE AND REINSTALL CHAIN LINK FENCE A. Salvage and store fence and post material where they will not conflict with the Work. B. All posts shall be set true to line and grade as to provide a neat appearance. C. All end, corner, pull and gate posts set in concrete prior to removal shall be reinstalled in a footing 12 inches in diameter and 42 inches in depth. Reinstallation of existing footing will not be acceptable. D. After completion of Work, reinstall fence to the condition existing prior to removal. E. Any material damaged during the removal shall be replaced with material of the same type, shape, dimension, color and quality at no additional cost to the Owner. 3.05 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil as needed for construction of the rain garden. B. Stockpile sufficient topsoil to re -spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. B. Stripped materials not used for embankments shall be disposed off Site. Prior to deposition of stripped material, the disposal site shall be cleared of trees and brush. After disposal of stripped material, the embankment shall be graded, top soiled with salvaged soil, and seeded. C. On Site burial of any debris is not permitted. 3.07 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations 5 0 2012 Stanbec 1193802301 31 1CLEARING 0- 3 C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. END OF SECTION SITE CLEARING cp 2012 Stantec 1193802301 311000-4 SECTION 31 23 00 EXCAVATION AND FILL PART 1. GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for construction of the rain garden. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 , Selective Site Demolition. 3. Section 31 10 00 - Site Clearing. 4. Section 3123 13 - Subgrade Preparation. 5. Section 3132 19 - Geosynthetic Soil Stabilizer and Layer Separation 6. Section 33 05 05 - Trenching and Backfilling. 7. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided to Construct Rain Garden. The square foot area shown on the bid form indicates the area at the top of the rain garden. Plan quantity will be the basis of payment for the topsoil stripping, common excavation, and grading required for construction of the rain garden. No field measurements will be made on excavated materials. 2. A Bid Item has been provided for Augmented Soils. Measurement will be by cubic yard of material placed, as determined to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place as specified. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3127 — Fine Aggregate for Bituminous Seal Coat. 3. 3890 - Compost 1.04 SUBMITTALS A. Submit the following items: I. Name and location of the source and gradation results for the sand required in the Augmented Soils. 2. Certification from compost vendor that their compost has been chemically and biologically tested and found to meet the specifications of MnDOT 3890. 1.05 DEFINITIONS EXCAVATION p 2012 5thantec 1193802301 23 L 00 -1 A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation Below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after stripping the topsoil. B. Complete excavation and fill for the rain garden immediately after trench backfill and compaction. C. After approval from Engineer, place geotextile fabric and Augmented Soils. D. Place topsoil and sod. E. Complete finish grading of turf areas within 5 calendar days of starting excavation. PART 2 PRODUCTS 2.01 MATERIALS A. Augmented Soils shall consist of the following: 1. 70% clean sand free of deleterious material meeting Mn/DOT 3127.2B FA -1. 2. 30% organic leaf compost meeting Mn/DOT 38906 Grade 2. B. Common Borrow: Conform to MnDOT Spec. 2105.282 1. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils which contain organics, contain debris or are potentially expansive (CH or MH per the Unified Soil Classification System). PART 3 EXECUTION 3,01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein 1. Install Temporary Construction Fence prior to excavations. 2. Establish the specified erosion control devices according to Section 0157 13 prior to all excavations. 3. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.36, or as modified herein 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. EXCAVATION AND FILL © 2012 Stantec 1 193802301 312300-2 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein 1. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 2. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3. After the site excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be observed and/or cross-sectioned. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein 1. No disposition ofbituminous will be permitted within the Project limits. 2. Disposal of surplus materials shall be incidental to the Bid Item for Construction Rain Garden. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E., or as modified herein 1. No separate payment will be made for placing embankments. 3.06 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein 1. Finish grading of subgrade prior to placement of the geotextile fabric and Augmented Soils shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. b. See Section 3123 13 2. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.07 INSTALLATION OF GOETE MLE FABRIC FOR SEPARATION A. See Section 3132 19 3.08 AUGMENTED SOILS A. No compaction will be required. B. The materials included in the Augmented Soils shall be thoroughly mixed by means selected by the Contractor. The method selected shall not compact the Augmented Soils in their final position. C. A sample of the mixed material shall be provided to the Engineer for testing as requested by the Owner. 3.09 TOPSOIL AND SOD A. See Section 32 92 00 END OF SECTION 0 2012 Stantec 1193802301 EXCAVATION AND FILL 312300-3 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading and shaping the subgrade. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. 2. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed after excavating to grading grade and immediately prior to placement of the Augmented Soils. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. No compaction will be required for the subgrade. B. Upon completing excavating to grading grade, the Contractor shall notify the Engineer. C. After approval and acceptance of the prepared subgrade, the Contractor may continue with installation of the geotexUle fabric and Augmented Soils. 3.02 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below © 2012 Stantec 1 193802301 SUBGRADE PREPARATION 312313-1 1. Not vary by more than 0.1 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2012 Stantec 1 193802301 312313-2 SECTION 31 32 19 GEOSYNTHETIC -SOIL STABILIZATION AND LAYER SEPARATION PART1 GENERAL 1.01 SUMMARY A. Section Includes I. Geotextile fabric used for separation of materials. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 2. Section 3123 13 — Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric, Type IV. Measurement will be based upon units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3733 — Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type(s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION p 2012 Stantec 1193802301 313219-1 PART 2 PRODUCTS 2.01 GEOTEX 1LE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type IV (non - woven), except as modified below: 1. Materials: The fabric installed on this project shall consist of a polypropylene or polyester filament or yarn, non -woven, needle punched. The fabric shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Spec. Test Method Value Grab Tensile Strength ASTM D4632 200 either principal direction, lbs. Grab Tensile ASTM D4632 50 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 70 -Percent Retained* Burst Strength ASTM D3786 400 p.s.i., min. (Diaphragm Method) Trapezoid Shear ASTM D4553 80 Strength, lbs. min. (any direction) Puncture Strength ASTM D4833 130 lbs., min. Permittivity (set-') ASTM D4491 1.5 Flow Rate ASTM D4491 95 Gal./Min./ft.2 Minimum Fabric Weight 8 oz/sy AOS (U.S. Sieve) ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355. PART 3 PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 3123 00. B. Subgrade Preparation: Conform to the requirements of Section 3123 13. Subgrade shall be toleranced and approved before geotextile placement. GEOSYNTNEfIC SOIL STABILIZATION AND LAYER SEPARATION © 2012 Stantec 193802301 313219-2 3.02 INSTALLATION A. Place geotextile immediately ahead of the covering operation 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. B. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. C. Secure fabric in place by means of stone weights to prevent displacement. D. If geotextile is torn or punctured, the damaged area shall be repaired or replaced 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. B. Augmented Soils shall not be dropped on the fabric from a height greater than 3 feet. 1. Place a minimum of 8 inches of Augmented Soils on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. C. Compaction of Augmented Soils placed above the geotextile fabric will not be required. END OF SECTION GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2012 Stantw 1193802301 313219-3 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 0157 13 . Temporary Erosion and Sediment Control. 2. Section 3123 00 - Excavation and Fill. 3. Section 32 93 00 — Trees, Shrubs, Perennials. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sodding, Lawn Type with 4" of Topsoil. Measurement will be based upon units of square yards of sod installed complete in place as specified, including installing topsoil, soil amendments, furnishing and installing sod, preparation of surface maintenance, and all incidental items associated with the Work. 2. A Bid Item has been provided for Seeding. Measurement will be based upon units of acres for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. B. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. C. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.05 ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin immediately after installation and continue as noted below: C 2012 Stantec 1193802301 TURF AND GRASSES 329200-1 1. The establishment period for sod is 30 days. 2. The establishment period for seeded areas is 1 year. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL: Salvage Topsoil Conforming to MnDOT Spec. 2105.2.C2 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SOD: Conform to MnDOT Spec. 3878.D — Mineral Sod 2.04 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. 2.05 MULCH: Conform to Section 32 93 00. 2.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to MnDOT Spec. 3884.E (Type 5- Hydromulch) PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of placing sod or seed so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be © 2012 Stantec 1 193802301 TURF AND GRASSES 329200-2 furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer ata rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. 3.05 PLACING SOD A. Conform to MnDOT Spec. 2575.3I. 3.06 MULCH: Conform to Section 32 93 00 3.07 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec 2575.3.D4 and 2575.3.F5 3.08 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.31- and in accordance with MnDOT Seeding Manual 2007. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. C. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. D. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual Maintenance Requirements for 1 year. TURF AND GRASSES © 2012 Stantec 1193802301 329200-3 E. Watering of sod areas shall be done for a minimum period of 30 days from installation sufficient to ensure establishment of permanent vegetation. 3.09 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the condition of the areas. C. When inspected work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. END OF SECTION TURF AND GRASSES © 2012 Stantec 1 193802301 329200-4 SECTION 32 93 00 TREES, SHRUBS, PERENNIALS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish plants and planting soil required, bed preparation, plant pits, pruning, planting, supplements, backfill, wrapping, staking, protection, watering, mulching, fertilizing, and maintenance. B. Related Sections 1. Section 32 92 00 — Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. A Bid Item has been provided for Plantings. Measurement will be Lump Sum. Payment will be considered compensation in full for furnishing, installing and maintenance of all plantings on the planting schedule included in the Drawings. 2. A Bid Item has been provided for Lawn Edging. Measurement will be per foot installed. 3. A Bid Item has been provided for Double Shredded Hardwood Mulch. Measurement will be per cubic yard of finished in place volume. 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. American National Standards Institute (ANSI) 1. ANSI 260.1 - American Standard for Nursery Stock. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Product Data: Provide all nursery stock submittal materials in accordance with MnDOT Spec. 2571.2A2. 2. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to bulk delivery. 3. Installer: Provide documented experience of projects completed within the last 3 years. 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.06 SITE CONDITIONS A. When excavation is required for planting, locate and protect all adjacent underground utilities. © 2012 Stantec 1193802301 TREES, SHRUBS, PERENNIALS 329300-1 B. Protect established turf areas during planting operations. 1.07 SEQUENCING AND SCHEDULING A. Planting Seasons 1. Spring: April to June 1. 2. Fall: August 20 to October I. 3. No Work shall be done when the ground is frozen, snow covered, too wet, or in an otherwise unsuitable condition for planting. 4. No planting shall take place before the irrigation system is installed, tested, and approved. 5. Special conditions may exist that warrants a variance in the specified planting dates or conditions. Submit a written request to the Engineer stating the special conditions and proposal variance. 1.08 QUALM ASSURANCE A. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified plants with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in installing and planting the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. B. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. C. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non-availability to the Engineer, together with proposal for use of equivalent material. D. Analysis and Standards: Package standard products with manufacturer have certified analysis. For other materials, provide analysis by a recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, whenever applicable. E. Trees, Shrubs, and Perennials: Provide trees, shrubs, and perennials of quantity, size, genus, species, , and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI 260.1 "American Standard for Nursery Stock." Provide healthy, vigorous stock, gown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects, such as knots, hail damage, sun - scald, injuries, abrasions, or disfigurement. F. Plant Names and Labels: The nomenclature used in the Drawings and Specifications conforms with few exceptions, to that of the current edition of Standardized Plant Names as adopted by the American Joint Committee on Horticulture Nomenclature. G. Workers: Landscaping work shall be performed by personnel familiar with planting procedures, and Work shall be Engineered our under the direction of a qualified planting supervisor. H. Inspection: The Engineer will inspect shrubs and perennials at place of growth before planting, for compliance with requirements for genus, species, variety, size, and quality. Engineer retains the right to further inspect shrubs and perennials for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of Work. Remove rejected trees and perennials within 8 hours from the Site. I. All plant material shall be hardy stock grown in a similar hardiness zone for a minimum of 2 years. TREES, SHRUBS, PERENNIALS © 2012 Stantec 1193802301 329300-2 J. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to delivery. Most Deciduous Trees and Shrubs: Transplant in early spring after ground thaws and buds on trees or shrubs begin to swell, or in fall after leaves drop and before ground freezes. Evergreens: Transplant in late summer to early fall (prone to winter browning if transplanting is delayed to late fall). 1.09 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall be 3 years, and shall begin upon written approval of Work. PART PRODUCTS 2.01 MATERIALS A. Topsoil 1. Topsoil for use as a plant growing medium in the perennial; shrub, and tree planting beds. 2. Select Topsoil Borrow: Conform to MnDOT Spec. 3877.28. B. Lawn Edging 1. 5" black polyethylene. C. Mulch 1. Conform to MnDOT Spec. 3882. 2. Use double shredded hardwood bark mulch, undyed. Contractor must verify that mulch is from a non -termite infested source. D. Fertilizer I. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. 2. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. 3. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). E. Compost: Conform to MnDOT Spec. 3890.26. F. Plant and Nursery Stock: Conform ANZI Z60.1 1. Pruned and shaped prior to digging and balling. 2. Remove all dead, rubbing, damaged, or diseased branches. 3. Root ball minimum diameters and depths shall conform to ANZI 260.1. G. Geotextile Fabric 1. Refer to Section 3132 19 2.02 ACCESSORIES A. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. B. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers used to modify the physical characteristics of poor soils by balancing or managing water and oxygen in the soil will be reviewed 0 2012 Stantec 1 193802301 TREES, SHRUBS, PERENNIALS 329300-3 for approval based on the information provided by the product label and the manufacturer's recommendations. C. Water: Non -deleterious to plants or animals. D. Rodent Protection: Conform to MnDOT Spec. 2571.2C4. PART 3 EXECUTION 3.01 DELIVERY AND STORAGE A. Delivery 1. Notify Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Protect trees during transport by tying in the branches and covering all exposed branches. 3. The use of equipment, such as "tree spades," is permitted provided the plant balls are sized in accordance with ANSI Z60.1 and tops are protected from damage. 4. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 2. Store plants not installed on the day of arrival at the Site as follows: a. Shade and protect plants from the wind when stored outside. b. Heel in bare root plants. c. Protect plants stored on the Project from drying out at all times by covering the balls or roots with moist sawdust, wood chips, shredded bark, peat moss, or other similar mulching material. d. Keep plants, including those in containers, in a moist condition until planted, by watering with fine mist spray. 3.02 PLANT INSTALLATION A. Layout 1. Layout areas for multiple plantings. 2. Stake locations and outline areas. Center holes at staked locations. 3. Verify the location of any underground utilities and adjust locations as necessary 4. Do not start planting work until layout is approved by the Engineer. 5. Make minor adjustments as required. B. Preparing Plant Holes 1. Do not begin Work on plant holes until after finish grading has been completed. 2. Dig plant pits so that they have vertical sides and flat bottoms. When pits are dug with an auger and the sides of the pits become glazed, scarify the glazed surface. Size the plant pits as shown on Drawings, otherwise, the minimum allowable dimensions of plant pits shall be as follows: a. Pit depths shall be 150 mm (6 inches) deeper for shrubs and 225 mm (9 inches) deeper for trees than the depth of ball or root spread; for ball or root spread up to 600 mm (2 feet). TREES, SHRUBS, PERENNIALS © 2012 Stantec 1 193802301 329300-4 b. Pit diameters shall be twice the ball or root spread; for ball or root spread from 600 to 1,200 mm (2 to 4 feet), pit diameters shall be 600 mm (2 feet) greater. c. For ball or root spread over 1,200 mm (4 feet), pit diameters shall be 1-1/2 times the ball or root spread. 3. Where existing soil is to be used in place, till new ground cover and plant beds to a depth of 100 mm (4 inches). Spread peat uniformly over the bed to depth of 50 mm (2 inches) and thoroughly incorporate it into the existing soil to a depth of 100 mm (4 inches) using a rota -tiller or similar type of equipment to obtain a uniform and well pulverized soil mix. During tillage operations, remove all sticks, stones, roots, and other objectionable materials. Bring plant beds to a smooth and even surface conforming to established grades. 4. In areas of new grading where existing soil is being replaced for the construction of new ground cover and plant beds, remove.100 mm (4 inches) of existing soil and replace with topsoil. Plant beds shall be brought to a smooth and even surface conforming to established grades. Till 50 mm (2 inches) of peat into the topsoil as specified. 5. Using topsoil form earth saucers or water basins for watering around plants. 6. Treat plant saucers, shrub, and ground cover bed areas, prior to mulching, with an approved pre -emergent herbicide. Plant ground cover in areas to receive erosion control material through the material after material is in place. 7. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil. 8. Rototil or aerate any planting soil compacted by operations. C. Pruning; Prune immediately prior to planting to remove stock damaged during transport and movement. D. Setting Plants 1. Field Grown and Container Grown Stock a. Handle balled and burlapped, and container -grown plants only by the ball or container. Remove container -grown plants in such a way to prevent damage to plants or root system. b. Set plants plumb and hold in position until sufficient soil has been firmly placed around the roots or ball. Set plants in relation to surrounding grade so that they are even with the depth at which they were grown in the nursery, collecting field, or container. c. Plant perennial and ground cover plants after the mulch is in place. Avoid contaminating the mulch with the planting soil. d. For balled and burlapped plants, carefully remove excess burlap and tying materials and fold back. Where plastic wrap or treated burlap is used in lieu of burlap, completely remove these materials before backfilling. e. Remove excess soil from the top of B&B and container grown trees to a point at the root flair. Finish grade should not be higher than the root flair. f. Backfill plants with planting soil mixture as specified to approximately half the depth of the ball and then tamp and water. Tamp and water remainder of backfill Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. 2. Bare -Root Stock a. Soak roots overnight before planting. Protect roots from drying during installation. b. Set plants plumb arranging the roots in a natural position without tangling or turning up to surface. c. Remove damaged roots with a clean cut. Paint cuts larger than 13 mm (1/2 inch) in diameter with tree wound dressing. d. Carefully work Planting Soil Mixture in among the roots. Tamp and water the remainder of Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. E. Remove surplus subsoil and topsoil from Site. -K rr_s C 2012 5tantec 1 193802301 3.03 WATERING A. Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level after initial watering and saturate additional soil. D. Water all plants thoroughly as soil moisture is depleted (at least once per week during periods of average rainfall) until the Work is accepted. 3.04 MULCHING A. Place mulch material as described on details within 48 hours of the second watering, unless otherwise approved by Engineer. Dish top of backfill to allow for mulching. B. Mulch: Provide 3" of mulch in planting area and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. 3.05 PROTECTION A. General 1. Protect landscape work and materials from damage due to landscape operations, operation by other contractors, trades, and trespassers. 2. Maintain protection during installation and maintenance periods. 3.06 EDGING PLANT BEDS A. Uniformly edge plant beds to provide a clear cut division line between the planted area and the adjacent lawn. B. Install black polyethylene edging materials per the manufacturer's recommendations and as indicated in the Drawings. Set top of edging flush with or up to 1 inch above finished grade. Set top of stake 1/2 inch below top of edging. 3.07 CLEANUP AND RESTORATION A. During landscape work keep pavements clean and work area in an orderly condition. B. Treat, restore, or replace in kind turf, sod, plantings, or other facilities damaged by Contractor's operations. C. Remove all excess excavated soils from plant holes from the Site. D. Collect and dispose of all excess materials, packaging, and containers. 3.08 MAINTENANCE A. During the Plant Establishment Period the Contractor shall 1. Water all plants to maintain an adequate supply of moisture within the root zone. An adequate supply of moisture is the equivalent of 25 mm (1 inch) of absorbed water per week either - through natural rainfall or augmented by periodic watering. Apply water at a moderate rate so as not to displace the mulch or flood the plants. TREES, SHRUBS, PERENNIALS © 2012 Stantec 1 193802301 329300-6 2. Prune plants and replace mulch as required. 3. Replace and restore stakes, guy wires, and eroded plant saucers as required. 4. In plant beds and saucers, remove grass, weeds, and other undesired vegetation, including the root growth, before they reach a height of 75 mm (3 inches). 5. Spray with approved insecticides and fungicides to control pests and ensure plant survival in a healthy growing condition, as directed by the Engineer. 5. Remove plants that die during this period and replace each plant with 1 of the same size and species. 7. The Contractor is not responsible for theft or damage to plants by non -contractor vehicles or vandalism once plants are installed and approved. 3.09 INSPECTION, ACCEPTANCE, AND WARRANTY A. landscape work will be inspected for acceptance upon completion of all Work. B. Engineer shall inspect work, and provide written acceptance of work. The establishment period and warranty will begin upon written acceptance. C. All plants will have a 2 -year establishment and warranty period. D. At the conclusion of the establishment and warranty period, a final inspection of planting will be made to determine the conditions of Work. When Work does not comply with Specifications, Contractor shall replace rejected work. Replacement plants will include a second establishment period. Remove rejected plants and materials from the Site. END OF SECTION © 2012 Stantec 1193802301 TREES, SHRUBS, PERENNIALS 329300-7 SECTION 33 05 05 TRENCHING AND BACKFILLING PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 - Site Clearing. 2. Section 33 40 00 - Storm Drainage Utilities. 3. Section 33 46 00 - Subdrainage 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM) 1. 01479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D232i - Standard Practice for Underground Installation of Thermopiasiic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. TRENCHING AND BACKFILUNG © 2012 5tantec 1193802301 330505 1 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Filter Aggregate: Free draining mineral product used around drain tile pipe. D. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. E. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe: 1. Comply with MnDOT Spec. 3149.2B1 for Granular Borrow a. No on the Site granular material encountered during construction may be used. b. 1 inch maximum aggregate size. 2.02 FILTER AGGREGATE MATERIAL A. High Density Polyethylene (HDPE) Pipe: 1. Comply with MnDOT Spec. 3149.2H. TRENCHING AND BACKFILLING © 2012 Stantec 1193802301 330505-2 2.03 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, landscaping, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. E. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. F. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 -Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. TRENCHING AND BACKFILLING Q 2012 5tantec 1193802301 330505-3 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off Site in a suitable location selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a . minimum of 1 foot below the pipe invert. Dewatering shall be incidental to the price of the pipe. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. High Density Polyethylene (HDPE) Profile Wall Pipe: Bed pipe in accordance with ASTM D2321 and the details in the Drawings. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. D. Dig Dell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. O 2012 Stantec 1 193802301 TRENCHING AND BACKFILLING 330505-4 B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction, Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 QUALITY CONTROL A. Density Tests: May be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING Q 2012 stantec 193802301 330505-5 SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 8" PVC Storni Sewer. Measurement will be based on units of lineal feet of pipe furnished and installed complete in place as specified, including excavation, backfilling, pipe bedding and compaction. Pipe will be measured from centerline of structure to centerline of structure: 2. Bid Items have been provided for 72" Diameter Manhole with 3' Sump and for Pretreatment Structure (Alternate #1) will be based on units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Flared End Section. Measurement will be based on units of each size installed at locations indicated in the Drawings complete in place as specified, excavation, backfilling, and compaction. 4. A Bid Item has been provided for Riprap, Class 1. Measurement will be based on units of cubic yards of Riprap placed. Payment shall include placement of geotextile fabric. 5. A Bid Item has been provided for Connect to Existing Structure. Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing structure. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core drilling the connection shall also be considered incidental to the connection. 6. A Bid Item has been provided for Reconstruct Invert. Measurement shall be per each existing manhole invert that requires reconstruction for tie-ins. 7. A Bid Item has been provided for 1/4" Stainless Steel Plate (Removable). Measurement shall be per each plate installed as indicated in the Drawings. 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. C150 - Specification for Portland Cement. S. C206 - Specification for Finishing Hydrated Lime. STORM DRAINAGE C 2012 Stantec 1193802301 334000-1 6. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 7. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 8. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 9. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3351 - Sheet Metal Products. 2. 2511 - Rip Rap. 3. 3601 - Rip Rap Materials. 4. 3733 - Geotextiles. 5. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 1992 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before backfilling. 1.05 SUBMITTALS A. Structure Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. B. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. 3. Rip rap. 4. PVC Pipe and Fittings. 5. Flared Ends. PART 2 PRODUCTS 2.01 MATERIALS A. Flared Ends 1. The 8" flared end shall be constructed of 16 gauge metallic -coated steel or aluminum alloy. 2. All bolts, nuts, washers and all other hardware shall be stainless steel. 3. Steel flared end sections: Conform to AASHTO M 36/M 36M. 4. Aluminum Alloy flared end sections: Conform to AASHTO M 196/M 196M. B. 1/4" Stainless Steel Plate 1. A 1/4" stainless steel plate shall be placed over the outlet pipe as indicated on the drawings. 2. Stainless steel anchors and bolts will be required and be incidental to this Bid Item. 3. Upon installation, the steel plate must be removable. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. STORM DRAINAGE UTILITIES © 2012 Stantec 1193802301 334000-2 B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. Covers without grate openings shall be stamped "STORM SEWER." D. Covers with 2 concealed pick holes of approved design. E. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. D. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. 2.05 PIPE MATERIALS A. Polyvinyl Chloride (PVC) Pipe and Fittings (4 Inches Through 15 Inches Diameter) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477 4. Marking: Conform to ASTM D3034. Q 2012 Stantec 1193802301 STORM DRAINAGE UTILITIES 334000-3 2.06 RIP RAP A. General Requirement: Contorm to MnDOT Spec. 2511 1. Rip Rap Materials: Conform to MnDOT Spec. 3601. 2. Granular Filter: Conform to MnDOT Spec. 3601. 3. Geotextile Filter: Conform to Section 3132 19 for Type IV. 4. Grout: Conform to MnDOT Spec. 2461. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. B. By -Pass Pumping: Contractor responsible for all items required to maintain storm sewer flows during construction of the new storm sewer. All Work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect to Existing Structure 1. Connect to existing structure at location shown on the Drawings. 2. Core the hole in the structure and saw cut the pipe flush with the inside wall of the structure. 3. Remove and reconstruct manhole bench/invert. 4. Install 1/4" stainless steel plate on overflow pipe at specified locations. See Plans. 5. Replace curb & gutter and surfacing as needed for the connection. This shall be incidental to the bid item for the connection. B. Pipe Installation 1. Trench Excavation and Backfill: Conform to Section 33 05 05. 2. Install pipe to the alignment, grade, and location as shown on the Drawings and/or staked in the field. Tolerances measured along pipe centerlines or invert as follows: a. Horizontal: Within 0.50 feet of alignment shown or staked. b. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. c. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. 3. Inspect pipe for defects and cracks immediately prior to installation. 4. Install pipe from lower to higher invert elevation with uniform and smooth invert line. 5. Install pipe length spigot ends pointing in the direction of flow. 6. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. 7. Jointing a. In conformance with recommendations of manufacturers of pipe and joint material. b. All joints must be watertight. c. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. 8. Cleaning and Protection a. Remove all dirt and debris from the interior of each pipe length as the Work progresses. b. Protect the exposed end of the pipe with temporary covers or plugs. c. Protect in place pipe from damage and dislocation. 9. Flexible Pipe Installation: Conform to ASTM D2321. 10. Connections: Jackhammer to remove bench/invert from existing structure. Core drill into existing structure. Replace invert in existing structure using approved grout. C. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. STORM DRAINAGE UTILITIES O 2012 Stantec 1 193802301 334000-4 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be approved by Owner. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 8. Position cover slab appropriately centered over the structure with opening placed to access steps. 9. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 10. Lift holes neatly mortared up. 11. Install Adjustment Rings and Adjust Casting. D. Rip Rap 1. General: Conform to MnDOT Spec. 2511 and details shown in the Drawings. 3.03 FIELD QUALITY CONTROL A. Scope I. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. Structures may only be cleaned utilizing vacuum methods. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. f. Owner reserves right to measure deflection of storm sewer pipe at any time during the warranty period. @ 2012 Stantec 193802301 STORM DRAINAGE UTILITIES 334000-5 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 0157 13. END OF SECTION STORM DRAINAGE UTILITIES cQ 2012 Stantec 1 193802301 334000-6 SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Drain tile. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 6" Non -Perforated HDPE Pipe and for 6" Perforated HDPE Pipe. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, wyes, clean -outs, geotextile, filter aggregate, and fittings. 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 of Testing and Materials (ASTM) 1. ASTM D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 2. ASTM F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. B. American Association of State Highway and Transportation Officials (AASHTO) 1. AASHTO M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Provide connections to existing structure prior to installation of the drain tile. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. Corrugated Polyethylene (PE) Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM F405 in accordance with the material requirements of ASTM D3350. 2. Pipe Stiffness: Heavy-duty pipe conforming to requirements of ASTM F405, Table 1. 3. Coupling bands shall cover at least 1 full corrugation on each section of pipe. SUBDRAINAGE © 2012 Stantec 1193802301 334600-1 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers, Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 FILTER FABRIC A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connect to Existing Structure: Conform to Section 33 40 00. I. Compaction: Conform to Section 33 05 05. 1. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SIECTION © 2012 Stantec 1 193802301 334600-2 Request for Action Originating Department Approved for Agenda Agenda Section Public Works December 9, 2013 Consent Item No. By: Bob Paschke, Director By: Kirk McDonald, Ci -Manager 6.4 Resolution approving final Iia; ment of $3,305.97 to Minnesota Dirt Works Inc. for construction of a rain garden at the New Hope golf course (project No. 903) Requested Action Staff recommends Council approve the final payment of $3,305.97 to Minnesota Dirt Works Inc. for constructing the rain garden serving the New Hope golf course parking lot. Policy/Past Practice Because of environmental concerns, the Shingle Creek and Bassett Creek Watershed commissions encourage cities to implement the use of rain gardens for additional water quality improvement. In the past, the city of New Hope has utilized rain gardens for water quality projects to beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Rain gardens are typically constructed behind the curb and receive storm water runoff directly from streets or parking lots. The storm water flows into the garden and filters through a fiber blanket; quenches the plant root system in the top soil; passes through granular material; a geotextile fabric; and infiltrates the surrounding subsoil. With New Hope's heavy soil, rain garden designs also include a drain tile system under the garden. If the storm water runoff cannot infiltrate the subsoil fast enough during some rain events, the water would collect in the drain tile system and flow to the city's storm water system by way of an overflow structure. At the January 17, 2012, work session, Council received a presentation and discussed the possibility of constructing a rain garden downstream from the storm water structure in the northwest corner of the golf course parking lot. On February 13, 2012, Council approved a motion authorizing the city engineer to prepare preliminary site plans for two different sized rain gardens at the golf course. The preliminary site plans for two different sized rain gardens were presented and discussed at the April 16, 2012, work session. Discussions included the extent of treatment desired and how Iarge an area of the golf course parking lot should be treated. It was recommended that the rain garden be sized to treat the entire parking lot for a one inch rain event. It was also recommended that an existing storm water catch basin in the northwest corner of the parking lot be removed to allow all runoff from the parking lot to flow through a curb cut and into a storm water structure prior to entering the rain garden, Motion by _,211Second by To: I:RFA \ PUB WORKS 12013 \ 903 Approving Final Payment G.C. Rain Garden Request for Action, Page 2 December 9, 2013 On May 29, 2012, Council passed a motion approving the development of plans and specifications for construction of the proposed rain garden at the golf course; a sump manhole as the base bid and a Stormceptor structure as an alternate. Prior to awarding a contract, the actual construction costs in the bids submitted for either structure were reviewed by the Council for comparison. The Storm Ceptor System was chosen. Funding Funding will be from the city's storm water fund. The city's CIP included construction of a rain garden at the New Hope golf course. The engineer's preliminary cost estimate for the project was $58,000 using a sump manhole. The alternate was $62,500 using a Stormceptor structure. Minnesota Dirt Works Inc. submitted the low bid of $53,782.05 for construction with a sump manhole and $62,417.05 for construction with a Stormceptor-type structure. The final construction amount totals $57,569.50 which completes the project $4,847.55 under budget. Attachments RFA Resolution Memorandum from the city engineer Final pay request City of New Hope Resolution No. 13-155 Resolution approving final payment of $3,305.97 to Minnesota Dirt Works Inc. for construction of a rain garden at the New Hope golf course (project No. 903) WHEREAS, the watershed commissions encourage cities to implement the use of rain gardens for additional water quality improvement; and, WHEREAS, it was proposed in the CII' to construct a rain garden at the New Hope golf course; and, WHEREAS, the city of New Hope recognizes that rain gardens have been shown to be effective in improving the water quality of storm water runoff; and, WHEREAS, the city engineer prepared plans and specifications for the project which were approved by the City Council; and, WHEREAS, such improvements have been completed by Minnesota Dirt Works Inc. and inspected by engineering and staff who determined the project to be complete and acceptable, and functioning as designed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That City Council approves final payment in the amount of $3,307.97 to Minnesota Dirt Works Inc. for construction of said project. 2. That the city manager is authorized and directed to make final payment. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of December 2013, Mayor Attest: City Clerk 4 tz n e} December 3, 2013 File: 193802301 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St, Paul MN 55113 Tel: (651 ) 636-4600 Fax: (651 ) 636-1311 Reference: City Project #903 — Golf Course Rain Garden — Final Payment Dear Bob, Enclosed find the final pay request ana the iG-134 forms for the above referenced project. The contractor, Minnesota Dirt Works, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $3,305.97 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 $62,417.05. The contract included no change orders. The Final Construction Amount is $57,569.50, which is less than the Original Contract Amount. This project had a $4,847.55 under run, which was primarily due to less sodding and seeding restoration work required. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. a*4WV1 (k). x1r,", Christopher W. Long, P.E. c. Paul Coone, Bernie Weber, Shawn Markham — New Hope; Adam Martinson, Rohini Ray, Jason Petersen Stantec. Design with community in mind Owner: City of New Hope, 4401 Xylon Ave. N. New Hoe MN 55428 Date: November 4 2013 For Period: 10/3/2012 to 11/4/2012 Request No: 21FINAL 9iantec Contractor: Minnesota Dirt Works Inc. 2500 W. County Rd. 42 #105 Burnsville MN 55337 CONTRACTOR'S REQUEST FOR PAYMENT GOLF COURSE RAIN GARDEN STANTEC PROJECT NO. 193802301 CITY PROJECT NO. 903 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor: MINNESOTA DIRT WORKS, INC. Specified Contract Completion Date: 193802301 REQ2FINAL)dsm ViD�0 Approved by Owner: CITY OF NJEW HOPE Date: $ 62 417.05 $ 0.00 $ 0.00 $ 62 417.05 $ 57,569.50 $ ` 0.00 $__ 57,569.50 $ 0.00 $ 57 569.50 $ 54,263.53 $ 0.00 2/FINAL $ 3 g ViD�0 Approved by Owner: CITY OF NJEW HOPE Date: TOTAL BASE QUOTE; TOTAL ALTERNATE NO. 1- PRETREATMENT STRUCTURE TOTAL WORK COMPLETED TO DATE 193802901RE02FINALAn $48,934.50 $8,635.00 $57,569.50 Contract Unit Cunent Quantity Amount NO. Item Unit Quantity Price Quantity to Date to Date BASE QUOTE: 1 MOBILIZATION LS 1 $2,650.00 1 $2,650.00 2 SILT FENCE, MACHINE SLICED LF 100 $6.65 92 $611.80 3 TEMPORARY CONSTRUCTION FENCE LF 240 $6.00 240 $1,440.00 4 REMOVE TREE EA 2 $750.00 2 $1,500.00 5 REMOVE TREE STUMP EA 2 $200.00 2 $400.00 6 SALVAGE AND REINSTALL CHAIN LINK FENCE LS 1 $1,000.00 1 $1,000.OD 7 CONSTRUCT RAIN GARDEN SF 3,634 $1.55 3,634 $5,632.70 8 6" NON -PERFORATED HDPE PIPE LF 65 $11.75 65 $763.75 9 6" PERFORATED HDPE PIPE LF 100 $32.03 100 $3,203.00 10 CONNECT TO EXISTING STRUCTURE (CORE DRILL) EA 2 $800.00 2 $1,600.00 11 RECON5TRUCTINVERT EA 2 $350.00 2 $700.00 12 GEOTE)MLE FABRIC, TYPE IV SY 404 $1.90 330 $627.OD 13 AUGMENTED SOIL MIXTURE Cy 100 $55.00 100 $5,500.00 14 8" PVC STORM SEWER LF 40 $26.25 30 $787.50 15 FLARED END SECTION EA 1 $200.00 I $200.00 16 RIPRAP, CLASS 1 C,2 $205.00 1.5 $307.50 17 1/4" STAINLESS STEEL PLATE (REMOVABLE) EA 1 $450.DO 1 1 $450.00 18 72" DIAMETER MANHOLE WITH 3' SUMP EA 1 $7,500,00 1 $7,500.00 19 LAWN EDGING - 5" BLACK POLYETHYLENE LF 2DD $2.25 200 $450.00 20 DOUBLE SHREDDED HARDWOOD MULCH (3" DEPTH) CY 25 $48.00 25 $1,200.00 21 SODDING, LAWN TYPE WITH 4" OF TOPSOIL SY 1,400 $3.25 1,065 $3,461.25 22 PLANTINGS LS 1 $8,950.00 $8,950.00 23 SEEDING AC 0.5 $6,400.00 0 _O.OD TOTAL BASE QUOTE: $48,934.50 ALTERNATE NO. 1 - PRETREATMENT STRUCTURE 24 PRETRFATEMENT STRUCTURE LS 1 $16,135.00 1 $16,135.00 25 72" DIAMETER MANHOLE WITH Y SUMP - DEDUCT EA 1 -$7,500.00 1_ ($7,500.00) TOTAL ALTERNATE NO. 1 - PRETREATMENT STRUCTURE $8,635.00 TOTAL BASE QUOTE; TOTAL ALTERNATE NO. 1- PRETREATMENT STRUCTURE TOTAL WORK COMPLETED TO DATE 193802901RE02FINALAn $48,934.50 $8,635.00 $57,569.50 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 903 STANTEC PROJECT NO. 193802301 CONTRACTOR MINNESOTA DIRT WORKS, INC. CHANGE ORDERS PAYMENT SUMMARY Material on Hand 193802301 RE02FINALxlsm Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-374-191-744 Submitted Date and Time: 4 -Nov -2013 1:58:08 PM Legal Name: MINNESOTA DIRT WORKS INC Federal Employer ID; 20-3924223 User Who Submitted: NSommers 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: 703102975 8103956 CITY OF NEW HOPE 193802301 13 -Sep -2012 01 -Oct -2012 GOLF COURSE, NEW HOPE MN $62,417.05 Subcontractor Summary Name ID Affidavit Number NEATON BTHERS EROSION LLC 4990862 226000896 DESIGNING NATURE INC. 2901604 927531008 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need fiuther assistance, contact our Withholding 'Fax Division at (Metro Area) 651-2829999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation page for your records using the print or save functionality built into your browser. 1,++,na- Munmir mnAcir OntP min ti,gltn/retrieve?tvne—PrintFriend&kev1=471209216&kev2=52... 11/4!2013 11/U4/LUla 13: YU HAA WDA V00 azoc onuinnaa IMP- - MINS, REVENUE Contractor Affidavit Subnitted Thank yuu, yoiur Contmdor Aflide-A Im been appwvA confirmation Summary Cbnfiftm6cmNumber 0-719-880-320 Steed Dale and '1° : 4- d 13 12:5939 P Lqp NEATON BROTHERS ERS FROMN' LlIC Fedeml Enplt a 41-1776693.3 User Who Ste: NeaftWO Affivit Sunkmaq Affibvft NuAec .Ami Niarba Praim-t Ori. Nwnber. P .Be .Duk: Pr(�cct End Datm PiedILnmfim Pr A"mit Subcontmcow. 22"M% 4990962 CITY OF NNEW HOPE NEW HOPE 1N GARDEN -S-201 29 -Sep -2012 NEWHOPE S3�288. No Smboordrscto Impo tart Memges A copyof palp =x5t be pwvj&,d tcw the oor&aeftror gpve=xRt agcy= that 1 nit 1' � 1&vaanoc, aonw our *6o*g Tax DSMat OktroA 651-282-9999, (6ma Mme) 800-657-3594, MY Usmi CA 711 for Minnesota Reby, or Busim lwam, am 8 &nL - 4;30 p.m Wnday - Flay. How to View and int thb Rtquest You copes ofd m"m by W)bg to lk Iffitory Tab. IIAHS h9p&XwAVL irdY.staW 15 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you your Contractor Ailila* has been approved. ConBrmadon Summary Con6ma6m Number. 0-449-314-560 Subrritlied Date and Titne: L -Nov 2013 12:00:53 P Legsi Name: DESIGbWGNATLJREIKC Federal Eaxiployer ID: 41-1852160 Uses' Who Subulted: indad Type of Request Submidted: Contractor At£idavt Affidavit Summary AffidavitNumber. 927531008 Acemme 1+Nutnber: 2901604 Project Owner: Project Number: Project Begin, Date: Project End Date: Project Ucaflon: Project Amar m Subeontrac : CITY OF NEW HOPE CrTY PROJECT #903 01 -Sep -2012 01-J&2013 NEW .MOPE, MN $9,903.61 No Subcontwors Important'Messages A copy of t#tis page rmmt be provided to the' conhaetor or govertmuffli army that hired Yom :Contact Us ' if you need firdw assistance, comic# our Withholding Tax T)iv wn at (Metro Area) 651-282-9999, (C1te!aW M sett ) 800-657- 594, (TTYUsers)Call 711 r Nijnneso 1 1q;-ar (emd�. Wrthhold*bx@& ate.irnus. Buskww horn aye 8:00 a.tn - 430 p.m Monday - Fr ay. How to View and Print this Request You can See copies of your requests by going to the History Tab. Please print this_ cm&mgjmp= dor your records Wing the prix t or save fim6onaly built itft your browser. r,itsrArxrwmiaar.ai�nrtivafda�nalrle++�?t�a=PrK�rierda�ylm991�r�91aaet t£ �