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COUNCIL JL Request for Action Originating Department Approved for Agenda Agenda Section Public Works May 14, 2012 Development & Planning Parks and Recreation Item No. By: Guy Johnson I By: Kirk McDonald, City Manager 8.2 Presentation and review the feasibility report for proposed improvements to Bass Creek and approving a motion authorizing staff to present the report to the Shingle Creek Watershed Management Commission (SCWMC) technical advisory committee (TAC) (improvement No. 909) Requested Action Staff is requesting that the Council receive a presentation by the city engineer and review the report for a proposed Bass Creek stabilization project, from TH 169 to 62nd Avenue North. if the Council wishes to proceed with the project at this time, staff recommends that the Council pass a motion authorizing staff to present the report to the Shingle Creek Watershed TAC. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The Council and staff discussed the proposed Bass Creek stabilization project at the March 19, 2012, work session. Stabilization of the Bass Creek channel through New Hope is currently in the city's and the SCWMC's CIP for 2012. After the presentation and discussions regarding the preliminary feasibility report for the proposed project, staff recommends Council authorize staff to bring the report, including any possible recommendations by the Council, to the SCWMC's TAC. The proposed project would then be reviewed by the TAC at its May 24, 2012, meeting. The TAC may suggest changes to the report or approve it as is and recommend the project to the SCWMC. For either scenario, staff would return to the May 29, 2012, Council meeting for formal approval of the final feasibility report. Motion by Secondby To: I-.\RFAIPUBWORKS12012\909 Bass Creek Feasability Drafi.doc Request for Action May 14, 2012 Page 2 If the feasibility report for the proposed Bass Creek stabilization project is approved at the Council meeting, the project would be on SCWMC's June 14, 2012, meeting agenda. The approved report would be used in SCWMC's public hearing process. If the SCWMC approves the project, funding is possible for a portion of the project up to 25% of the cost. The proposed project schedule is: • Present final feasibility report and authorize plans and specifications on May 29, 2012 • Approve plans and specifications and order advertisement for bids on June 25, 2012 • Award contract on August 13, 2012 • Start construction in the fall of 2012 Funding The preliminary engineer's cost estimated for the project is $55,300. Funding for infrastructure projects would come from storm water funds. Attachments Attached is a memorandum from the city engineer and a copy of the feasibility report. I: \ RFA1 PU'SWORK512012\ 909 Bass Creek Feasability DrafLdoc Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 May 9, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 RE: Feasibility Report — Bass Creek Stabilization City Project No: 909 Dear Mr. Johnson: As requested, we have provided the attached feasibility report for the Bass Creek Stabilization project. This project is located between 62nd Avenue North and TH-169. Improvements will include stabilization of the creek with native seeding, shrub plantings, native plug plantings, and tree revetments (use of cedar trees to slow the creek velocity and drop sediment). The total project cost for these improvements including indirect costs is estimated to be $55,300. The Shingle Creek Watershed Management Commission's (SCWMC) Technical Advisory Committee (TAC) has requested review and presentation of the feasibility report at the May 24th TAC meeting. This project is currently on their 2012 Capital Improvements Program (CIP). The SCWMC can provide funding for up to a maximum of 25% of the total project costs. Please let me know if you have any questions or comments with the feasibility report, and if we can proceed to present the report to the TAC at the end of May. Sincerely, STANTEC aA40411 W. xo;v--- Christopher W. Long, P.E. Client Service Manager 651.604.4808 Attachments: Feasibility Report, Figures 1-3 cc: John Smyth, Mark Hanson, (Katie Warner, File. Memo VAI StariteC _ To: Guy Johnson, From: John Smyth, Water Resource City of New Hope Specialist File: 193802212 Date: May 8, 2012 Reference: Bass Creek Streambank Stabilization Feasibility Report Bass Creek runs through the northwest corner of the City of New Hope, crossing under Highway 169 into the City and under 62"d Avenue out of the City. We investigated the portion of the Bass Creek within the City limits (Figure 1). Bass Creek segments have been artificially straightened, and portions of the creek are experiencing erosion. The streambed is primarily coarse to fine sand and silt, with few areas of gravel or large substrate material that aquatic insects and fish prefer. The creek is bordered on all sides by residential homes. In the upstream area of the creek, where the creek flows from west to east, many of the property owners have stabilized the shoreline with rock. The opposite side of the creek within this portion of the stream is predominantly wetland (see photo). The wetland elevation is approximately one foot above the baseflow conditions of the creek. This allows the water flow in the creek to access the floodplain for smaller storm events. This access to the floodplain in this portion of the creek helps to reduce flow velocities on the opposite side of the creek. Due to the rock along the shoreline and access to the floodplain, this portion of the creek is currently stable. Typical of Upstream Section — Shoreline stabilized with rock. Opposite shoreline is wetland with low elevations that allow access to the creek's floodplain. One Team. Infinite Solutions. sJ v:11938WcUve%1938022121p%ectstass Q wk stabilizatiorkeporftem final drefl.doex May 8, 2012 City of New Hope Page 2 of 6 Reference. Bass Creak Streambank Stabilization Once the creek bends to the north in the downstream section, access to the floodplain becomes limited. In this portion of the creek, erosion is occurring along both sides of the creek. The east side of the creek has homes, yards, and fences in close proximity to the creek. In some cases, riparian vegetation has been replaced with nonnative plants with poor root structure. This has also contributed to the susceptibility of the slopes to erosion. In the areas of the most severe erosion, sediment around existing trees has been scoured, exposing the tree roots and contributing to unstable steep slopes (see photo). West Side of Creek — steep slopes and toe erosion with limited vegetation on slopes. The goal of this project is to provide stability of the creek shoreline with secondary benefits including aquatic habitat and filtering of adjacent nutrients. The proposed improvements involve the use of native vegetation to help meet the goals of the project. Figure 2 provides the location of the proposed improvements. In the areas of steep slopes and where erosion has caused encroachment and threatens fences, retaining walls, and other infrastructure (see photo), we propose to use tree revetments (f=igure 3). Tree revetments involve the use of cedar trees that are installed parallel to the slope and anchored to the slope along the outer edge of the channel. The anchoring of the cedar trees along the shoreline creates areas where the streamflow velocities are slowed, which allows sediment to be deposited. This will reestablish some of the lost shoreline in these areas. As part of the tree revetments, shrub plantings will also be installed. These plantings will provide long-term protection of the shoreline resulting from the plant structure of the shrubs slowing flows near the shoreline of the creek during high flow conditions and their root structure stabilizing the soils on the slope. '- May S, 2012 City of New Hope Page 3 of 6 Reference: Bass Creek Streambank Stabilization East Side of Creek — erosion is threatening retaining walls and other infrastructure. Tree revetments will be used to reestablish and stabilize the shoreline. Dense shading along both sides of the stream has limited growth in the understory, causing exposed soils with limited root structure. This has made the slope prone to erosion. In some areas, erosion is removing sediment around trees, exposing root structure, and encroaching into the adjacent properties (see photo). In some instances, these areas are serving as floodpiains and would benefit from the development of herbaceous vegetation and reduction of trees. In order to restore the shoreline and provide stabilization of these sites, it is recommended that toe protection with plug plantings of native vegetation be completed for these areas (Figure 3). Debris located within the channel is deflecting flows into the slopes, causing erosion. The debris will need to be removed as part of this project. Summary The proposed shoreline improvements are necessary to provide long-term stabilization of the shoreline and protect the infrastructure of the adjacent homes. Bass Creek is identified by the Minnesota Pollution Control Agency (MPGA) as an "Impaired Water for Fish". The stabilization of the shoreline will help reduce unnatural sedimentation occurring in the creek and preserve pool habitat. In addition, the woody debris that is installed as part of the tree revetments will provide substrate enrichment for habitat. Stantec May 8, 2012 City of New Hope Page 4 of 6 Reference: Bass Creek Streambank Stabilization Erosion has removed sediment around trees, exposing root structure and encroaching into the property of this floodplain area. A cost estimate for the proposed improvements is provided on the following page. Potential funding sources in addition to the City include the Board of Water and Soil Resources (BWSR) Clean Water Fund competitive grant and Shingle Creek Water Management Commission Cost Share program. The Shingle Creek Watershed Management Commission can provide 25% in cost share, and the BWSR Clean Water Fund competitive grant can provide up to 85% of the project costs. The BWSR grant requires a local match of 15%. StatdK May 8, 2012 City of New Hope Page 5 of 6 Reference: Bass Creek Streambank Stabilization Cost Estimate Approach item Unit Qty Unit Price Total Price Tree Revetment Cedar Tree Installation LF 370 $ 40 $ 14,800 Live stake install EA 185 $ 12 $ 2,220 I Shrub installation EA 125 I $ 45 $ 5,625 Shrub Planting Shrub installation EA 40 $ 45 $ 1,800 Toe Protection with Plug Planting Toe protection (biolog or other) LF 160 $ 25 $ 4,000 Plant Plugs EA 1560 $ 5 $ 2,800 Plant protection fencing LF 325 $ 8 $ 2,600 Overall Improvements Debris Removal from stream channel LS 1 $ 1,300 $1,300 Invasive shrub and selective tree removal LS 1 $ 2,000 I $ 2,000 Seeding LS 1 $ 1,000 $ 1,000 i Veg. Maintenance 2 years EA 4 $ 600 } $2 - 400 Plug Planting EA 180 $ 5 $ 900 i Plant protection fencing LF 160 $ 8 $1,280 Mobilization LS 1 $ 1,500 $ 1,500 Subtotal $ 44,225 Contingencies (25%) $ 11,056 i TOTALS j $ 55,281 May 8, 2012 City of New }lope Page 6 of 6 Reference: Bass Creek 5treambank Stabilization City of New Hope John Smyth Water Resource Specialiat John.smyth@stantec.com Attachment: Figures II _ --soo Ij I v I l I I I • r , - cv I� _ f I Odra U--- `__------------------- 1 x N and Janeshu,3 - x 88o - 1! IIII ` li I/ �i YO ,1 I ,11111 II VI X •, '\ 'o Y z 4 I t IL ; it Il�nU I rrl (In1 � Qp "a•�� zz f EI I 5 I I I • . III , !, 1 XC3 1 � e , I rrlr r r N 5 "` `\\5 Lu x i j` I r li f i 1 III I @ I 4 I04 m I 51 -_-------�--^ X C-- —__-- ----------- 69 b�iWIH ml a 'i I &W-AuoId o3���saoA\uN�Iqo1S 1-3ssu �s of L'.'.pX60 SO Z`OZ 8\ 3� .ted ZIZZDA£Bl\ 3� 8l\�h 7 J Ln LO J z W � z z a Z o d 0 In i M U z0 Z Z 0 o r w W W W O IL ix M I m W W �' W W O W 2 U O H F to z j z o� z !Z LU W ! � F Z W� 8� w W ry W w i y�8 F J 6®®e d� r2 m m o o F -n a ' # r V7 Lo r 3 2 i G uag 'pada :6g yry 40�Q1 60/50/Z OZ 6MP'gPPkaO 1uewEsnag��oiaoz!I!4a15 �aal� ssog\s�oafaZlZLOB£fil\a^I.o\8£6l \'h 6 N e a � I� i y�8 F J 6®®e d� r2 m m o o F -n a ' # r V7 Lo r 3 2 i G uag 'pada :6g yry 40�Q1 60/50/Z OZ 6MP'gPPkaO 1uewEsnag��oiaoz!I!4a15 �aal� ssog\s�oafaZlZLOB£fil\a^I.o\8£6l \'h CT q U (n V) v m N /-L N r V U N O � L c a o /J N N pip N � N v r� u� o� °D o M� N �O > N 62nd Ave N T ME r� Stantec 2335 West Highway 36 St. Paul, MN 55113 Tel. 651.636.4600 Fax. 651.636.1311 www.stontec.com Client/Project CITY OF NEW HOPE BASS CREEK STABILIZATION Figura No. 1.0 Title PROJECT LOCATION COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works Parks and Recreation June 11, 2012 Development & Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.2 Resolution accepting the feasibility report and authorizing the preparation of plans and specifications for the proposed improvements to Bass Creek (improvement project No. 909) Requested Action Staff is requesting that the Council receive a presentation by the city engineer for the proposed Bass Creek stabilization and improvement project. If the Council wishes to proceed after their review and receiving comments by the Shingle Creek Watershed Management Commission (SCWMC) and the abutting property owners, staff recommends that the Council authorize the preparation of plans and specifications for the project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Stabilization of the Bass Creek channel through New Hope is currently in the city's and the SCWMC's CIP for 2012. Background The Council and staff discussed the proposed Bass Creek stabilization project at the March 19, 2012, work session. A preliminary feasibility report was reviewed by the Council on May 14, 2012. Council suggested that staff investigate possibly expanding the project beyond just the stabilization of the creek, to include stream improvements for Biota (aquatic organisms) and best management practices (BMPs) to meet total maximum daily load (TMDL) requirements. Council also authorized staff to present the preliminary feasibility report to the SCWMC's technical advisory committee (TAC) for their review and comments, including their suggestions on stream improvements and BMPs that could be incorporated in the project to improve the habitat for aquatic organisms in the creek. On May 24, 2012, Staff presented the report to the TAC and solicited their comments and ideas with regards to improvements beyond stabilization of the creek. Motion by . Second by t-� To: h\R1FA\PUBWORKS120121909 Bass Creek Feasibility.doc Request for Action June 11, 2012 Page 2 Along with the original Bass Creek improvements in the preliminary feasibility report, the proposed revised report incorporates suggestions offered by the TAC and the SCWI4C's consulting engineers. One suggestion was the placement of riffles (rocks) within the stream in an attempt to increase the production of oxygen. The SCWMC's consulting engineers were heavily involved with the city of Brooklyn Park's Shingle Creek restoration project. After reviewing the project, the TAC recommended the project and forwarded it to the SCWMC for review and discussion at their June 14, 2012, meeting. If the project is approved for funding by the SCWMC, funding would be available for the project up to 25% of its estimated cost. If the feasibility report for the proposed project is accepted this evening, the report will be used in SCWMC's public hearing process in September. After receiving comments from the SCWMC on June 14, and prior to the SCWMC's public hearing for the project, staff will hold an informational meeting and receive comments from the abutting property owners. Staff is recommending that construction of the project be considered for the fall and winter of 2012/2013. Funding The preliminary cost estimate was $55,300 for the initial proposed improvements. With the addition of suggested stream improvements and access constraints, the project's costs are currently estimated at $70,500. Funding for the project would be through SCWMC's CIP, for disbursement in 2013, and the city's storm water fund. Attachments A map and a resolution are attached. Also, a memorandum from the city engineer is included with the report. I:\RFA\PUBWORKS12012\909 Bass Creek Feasibiiity.doc City of New Hope Resolution No. 12- 94 Resolution accepting the feasibility report and authorizing the preparation of plans and specifications for the proposed improvements to Bass Creek (improvement project No. 909) WHEREAS, it has been determined that improvements to and stabilization of Bass Creek are necessary, and, WHEREAS, it is proposed to initiate improvements to Bass Creek, including stabilizing the banks and improving the habitat for aquatic organisms; and, WHEREAS, the Shingle Creek Water Management Commission has placed the proposed project in its capital improvement program; and, WHEREAS, the Council authorized the preparation of this feasibility report on March 19,2012; and, WHEREAS, the city engineer has completed and presented said report to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the feasibility report for the proposed improvements to Bass Creek. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 11th day of June, 2012. Attest:/&--v,e > City Clerk Mayor June 5, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 RE: Feasibility Report — Bass Creek Improvements City Project No: 909 Dear Mr. Johnson: The city council reviewed the preliminary feasibility report forthe Bass Creek Stabilization project at the city council meeting on May 14, 2012. Following the review, it was suggested to include stream improvements for Biota (aquatic organisms) and best management practices (BMPs) to meet total maximum daily load (TMDL) requirements. Council also authorized presenting the report to the Shingle Creek Watershed Management Commission's Technical Advisory Committee (SCWMC TAC) for review and comments. During the TAC meeting on May 24, 2012, the TAC and the SCWMC's consulting engineers suggested placement of riffles (rocks) within the stream in an attempt to increase the production of oxygen. The preliminary feasibility report has since been revised to include two riffle locations within the creek. The total project cost for these improvements including indirect costs is estimated to be $70,500. The Shingle Creek Watershed Management Commission has been forwarded the project for their meeting on June 14, 2012. If the project is approved for funding from the SCWMC, funding can be provided for up to a maximum of 25% of the total project costs. If Council chooses to move forward with this project, authorization for preparation of plans and specifications could be given at the June 11�h council meeting. The preparation of plans and specifications will not begin until after comments are received from an open house with the adjacent property owners, and not until after receiving additional comments from SCWMC. The work under this contract would be completed in the fall and winter months of 201212013. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STARTEC Af r (4)f Christopher W. Long, P.E. Client Service Manager 651.604.4808 Attachments: Feasibility Report, Figures 1-3 cc: Shawn Markham - New Hope; John Smyth, Mark Hanson, Katie Warner Stantec. Stantec Consulting Services Inc. 2335 Highway 36 West 'M. St. Paul MN 55113 Tel: (651)636-4600 Fax: (651) 636-1311 Siantec June 5, 2012 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 RE: Feasibility Report — Bass Creek Improvements City Project No: 909 Dear Mr. Johnson: The city council reviewed the preliminary feasibility report forthe Bass Creek Stabilization project at the city council meeting on May 14, 2012. Following the review, it was suggested to include stream improvements for Biota (aquatic organisms) and best management practices (BMPs) to meet total maximum daily load (TMDL) requirements. Council also authorized presenting the report to the Shingle Creek Watershed Management Commission's Technical Advisory Committee (SCWMC TAC) for review and comments. During the TAC meeting on May 24, 2012, the TAC and the SCWMC's consulting engineers suggested placement of riffles (rocks) within the stream in an attempt to increase the production of oxygen. The preliminary feasibility report has since been revised to include two riffle locations within the creek. The total project cost for these improvements including indirect costs is estimated to be $70,500. The Shingle Creek Watershed Management Commission has been forwarded the project for their meeting on June 14, 2012. If the project is approved for funding from the SCWMC, funding can be provided for up to a maximum of 25% of the total project costs. If Council chooses to move forward with this project, authorization for preparation of plans and specifications could be given at the June 11�h council meeting. The preparation of plans and specifications will not begin until after comments are received from an open house with the adjacent property owners, and not until after receiving additional comments from SCWMC. The work under this contract would be completed in the fall and winter months of 201212013. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STARTEC Af r (4)f Christopher W. Long, P.E. Client Service Manager 651.604.4808 Attachments: Feasibility Report, Figures 1-3 cc: Shawn Markham - New Hope; John Smyth, Mark Hanson, Katie Warner Stantec. U 0) SHEET ANSI A Bass Stantec 2335 West Highway 36 St. Paul, MN 55113 Tel. 651.636.4600 Fax. 651.636.1311 www.stantec.com Client/Project CIN OF NEW HOPE BASS CREEK STABILIZATION Figure No. 1.0 im PROJECT LOCATION hem staff To: Guy Johnson, From: John Smyth, Water Resource City of New Hope Specialist File: 193802212 Date: June 5, 2012 Reference: Bass Creek Streambank Stabilization Feasibility Report Bass Creek runs through the northwest corner of the City of New Hope, crossing under Highway 169 into the City and under 62nd Avenue out of the City. We investigated the portion of the Bass Creek within the City limits (Figure 1). Bass Creek segments have been artificially straightened, and portions of the creek are experiencing erosion. The streambed is primarily coarse to fine sand and silt, with few areas of gravel or large substrate material that aquatic insects and fish prefer. The creek is bordered on all sides by residential homes. In the upstream area of the creek, where the creek flows from west to east, many of the property owners have stabilized the shoreline with rock. The opposite side of the creek within this portion of the stream is predominantly wetland (see photo). The wetland elevation is approximately one foot above the baseflow conditions of the creek. This allows the water flow in the creek to access the floodplain for smaller storm events. This access to the floodplain in this portion of the creek helps to reduce flow velocities on the opposite side of the creek. Due to the rock along the shoreline and access to the floodplain, this portion of the creek is currently stable. Typical of Upstream Section — Shoreline stabilized with rock. Opposite shoreline is wetland with low elevations that allow access to the creek's floodplain. One Team.ln6nite Solutions. sj v:11938Vacbve14938M! 2%projectalbass creek stabiiinflonVeporMeasibilty repart1&5-'2.docu May 8, 2042 City of New Hope Page 2 of 6 Reference: Bass Creek Streambank Stabilization Once the creek bends to the north in the downstream section, access to the floodplain becomes limited. In this portion of the creek, erosion is occurring along both sides of the creek. The east side of the creek has homes, yards, and fences in close proximity to the creek. In some cases, riparian vegetation has been replaced with nonnative plants with poor root structure. This has also contributed to the susceptibility of the slopes to erosion. In the areas of the most severe erosion, sediment around existing trees has been scoured, exposinq the tree roots and contributing to unstable steep slopes (see photo). West Side of Creek — steep slopes and toe erosion with limited vegetation on slopes. The goal of this project is to provide stability of the creek shoreline with secondary benefits including aquatic habitat and filtering of adjacent nutrients. The proposed improvements involve the use of native vegetation to help meet the goals of the project. Figure 2 provides the location of the proposed improvements. In the areas of steep slopes and where erosion has caused encroachment and threatens fences, retaining walls, and other infrastructure (see photo), we propose to use tree revetments (Figure 3). Tree revetments involve the use of cedar trees that are installed parallel to the slope and anchored to the slope along the outer edge of the channel. The anchoring of the cedar trees along the shoreline creates areas where the strearnflow velocities are slowed, which allows sediment to be deposited. This will reestablish some of the lost shoreline in these areas. As part of the tree revetments, shrub plantings will also be installed. These plantings will provide long-term protection of the shoreline resulting from the plant structure of the shrubs slowing flows near the shoreline of the creek during high flow conditions and their root structure stabilizing the soils on the slope. Stantec May 8, 2012 City of New Hope Page 3 of 6 Reference: Bass Creek Streambank Stabilization East Side of Creek erosion is threatening retaining walls and other infrastructure. Tree revetments will be used to reestablish and stabilize the shoreline. Dense shading along both sides of the stream has limited growth in the understory, causing exposed soils with limited root structure. This has made the slope prone to erosion. In some areas, erosion is removing sediment around trees, exposing root structure, and encroaching into the adjacent properties (see photo). Many of these areas are serving as floodplains and would benefit from the development of herbaceous vegetation and reduction of trees. In order to restore the shoreline and provide stabilization of these sites, it is recommended that toe protection with plug plantings of native vegetation be completed for these areas (Figure 3). In addition to the shoreline stabilization we propose to improve the fishery habitat by installation of two proposed riffles. The riffle will oxygenate the water and sustain pool habitat for fish. We will use a riffle design that is based on the Minnesota Department of Natural Resources Modified Newbury Riffle (Luther Aadland and Ian Chisholm). In addition to providing fish habitat this type of riffle will also focus flows to the center of the creek and reduce shear stress on the stream slopes. Debris located within the channel is deflecting flows into the slopes, causing erosion. The debris will need to be removed as part of this project. Summary The proposed shoreline improvements are necessary to provide long-term stabilization of the shoreline and protect the infrastructure of the adjacent homes. Bass Creek is May 8, 2012 City of New Hope Page 4 of 6 Reference: Bass Creek streambank stabilization identified by the Minnesota Pollution Control Agency (MPGA) as an "Impaired Water for Fish". The stabilization of the shoreline will help reduce unnatural sedimentation occurring in the creek and preserve pool habitat. In addition, the woody debris that is installed as part of the tree revetments will provide substrate enrichment for habitat. Erosion has removed sediment around trees, exposing root structure and encroaching into the property of this floodplain area. A cost estimate for the proposed improvements is provided on the following page. Potential funding sources in addition to the City include the Board of Water and Soil Resources (BWSR) Clean Water Fund competitive grant and Shingle Creek Water Management Commission Cost Share program. The Shingle Creek Watershed Management Commission can provide 25% in cost share, and the BWSR Clean Water Fund competitive grant can provide up to 85% of the project costs. The BWSR grant requires a local match of 15%. StaI1l:C May 8, 2012 City of New Hope Page 5 of 6 Reference: Bass Creek Streambank Stabilization Cost Estimate Approach Item :. Unit Qty Unit Price Total Price Tree Revetment Cedar Tree Installation LF 370 $ 40 $14,800 Live stake install EA 185 $12 $ 2,220 Shrub installation EA 125 $ 45 $ 5,625 Shrub Planting Shrub installation EA 40 $ 45 $ 1,800 Toe Protection with Plug Planting Toe protection (biolog or other) LF 160 $ 25 $ 4,000 + Plant Plugs EA 560 $ 5 i $ 2,800 Plant protection fencing LF 325 $ 8 $ 2,600 Overall Improvements Debris Removal from stream channel LS 1 $ 1,300 $ 1,300 Invasive shrub and selective tree removal LS 1 $ 2,000 $ 2,000 Seeding LS 1 $ 1,000 $ 1,000 Veg. Maintenance 2 years EA i 4 $ 600 I I $ 2,400 Plug Planting EA 180 $ 5 $ 900 ; Plant protection fencing LF 160 ' $ 8 $ 1,280 Riffle EA 2 $ 3,500 $ 7,000 I Mobilization I LS 1 $ 2,500 i $ 2,500 Subtotal $ 52,225 i Contingencies (-35%) 1 l $ 18,278 j TOTALS $ 70,503 May 8, 2012 City of New Hope Page 6 of 6 Reference: Bass Creek Stneambank Stabilization City of New Hope John Smyth Water Resource Specialiat John.smyth@stantec.com Attachment: Figures LL�j Z � � H I , I T I I co OB8 r C I l f n I - N 3Av sunGSA1130 --� � X-, TP. j,ll'Il Z OD �� 1 SII+IIII/�NQ SIF ISI } ffiii� i 1 1 W `, 1 1 � F-��. � r 11 ❑IJ airlLU f�rI I i -- )C`•' it ` 11 U `�� \�. �� � g 1 li 5 q {i too Ji r 1 � I , r , 1 ------------------ ---- ----------- -- 69 6 AMH I . BAW-A u--ld OMH 1IBBJO-Dg�UO4M;wws )JMG seug�s �arc� Z Z �c \�li°�\VIATn 6M s io a uaw ana uo- w. o - soua8 �afaai � m to: 160/SO/Z OZ P' I l o i i 8\ 7 19 iS �I—D s 8\ 4 d\ZLZL08E61\ 4 \9£61�A COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works October 8, 2012 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.8 Motion approving the cooperative agreement for improvements to Bass Creek (improvement project 909) Requested Action Staff is recommending that the Council approve a cooperative agreement between the Shingle Creek Water Management Commission (SCWMC) and the city of New Hope for improvements to Bass Creek. The agreement is for construction and partial funding of improvements to Bass Creek, in the northwest comer of New Hope. Policy/Past Practice An improvement project for stabilizing the banks and additional improvements to Bass Creek is part of the city's 2008 local water management plan and is currently in the city's and the SCWMC's capital improvement program for 2012. Background Staff has recommended the stabilization of the creek's banks and additional improvements, to include stream improvements for Biota (aquatic organisms) with the installation of riffles. The proposed improvement project was approved to be included in SCWMC's CiP at the Commission's September 13, 2012, meeting. Council awarded a contract to the low bid of $64,681 by Sunrarn Construction Inc., on September 10, 2012. Funding Funding for the project will be through SCWMC's CIP at 25% of the project (to a maximum of $17,500), and the city's storm water fund. Attachments A letter from SCWMC's administrator; SCWMC's resolution for their major plan amendment; memorandum; the agreement between SCW-N4C and the city for the Bass Creek improvements; copies of attachment one; and a map of the area are attached. SECOND BY TO: l:RFATubworksU0121909 Cooperative Agreement shingle Creek Shingi September 24, 2012 Mr. Kirk McDonald City Manager City of New Hope 4401 Xylan Avenue N New Hope, MN 55428 reek Watershed Management Commission Re: New Hope Bass Creek Bank Stabilization Project Dear Mr. McDonald: 3235 Fernbrook Lane N • Plymouth, MN 55447 Phone (763) 553-1144 • Fax (763) 553-9326 www.shinglecreek.org At its September 13, 2012 meeting, the Shingle Creek Watershed Management Commission approved the Bass Creek Bank Stabilization Project for funding as part of its Second Generation Watershed Management Plan Capital Improvement Program. A copy of Resolution 2012-01 approving the project and designating the City of New Hope as the member city to construct the project is attached, together with two copies of an agreement for reimbursement, which was also approved by the Commission. Upon execution, please return one copy of the agreement to the Commission at the address above. If you have any questions about the agreement, please contact the Commission's legal counsel, Charles LeFevere, at 612-337-9215. Thank you for your cooperation in this project. Very truly yours, Judie A. Anderson Administrator JAA:tim Cc w/enols via email: Dan Stauner, Shingle Creek Commissioner John Smyth, Stantec Paul Coone, City of New Hope Ed Matthiesen, Wenck Associates Charles LeFevere, Kennedy & Graven Encls: Resolution 2012-01 Cooperative Agreement Bass Creek Bank Stabilization Project Attachment One: Feasibility Report Z:\Shingle Creek\C1Ps\2012\L New Hope—Transmitting Agmt 2012 CIP.doc Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapo!is • New Hope • Osseo • Plymouth • Robbinsdale SHINGLE CREEK WATERSHEM MANAGEMENT COMMISSION RESOLUTION N0.2012-01 A RESOLUTION ORDERING 2012 D/IPROVEMENT PROUCT,DESIGNATING MEMBER RESPONSIBLE FOR CONSTRUCTION, AND MAIONG EINI IlNGS AND DESIGNATING COMMISSION COST SAAIiE FUNDING WHEREAS, on May 10,.2007, the Commission adopted. a Major Plan Amendment to its shingle Geek and West Mfssissippi Second t e9neradon Watershed i&magenient Plan, acid WHEREAS, the Major Plan Amendment adopted a revised Cost Share Policy, a revised Capital hVrovement Program (CIP), and. a Nater Quality Plan establishing water quality goals for flw lakes, streams, and wetlands in the watershed, and. WWREAS, said MEjov Plan Amendment spocife,4 a county tax levy under Minn, Stat § 10313.251 as the source of the Commission's sham of funding for projects .proposed in the Commission's CIP;. and WHEREAS,. on June 14, 2012, the Commission created a Closed Project Account and a Closed Project Account Policy guiding the disposition of county tax levy funds for capital improvement projects that =main when a project's ficial cost is less than the estimated cost at the time of certification; and WHEREAS, the Commission has subsequently adopted, Major Plan Amendments revising -the CIP to add or modify projects; and WHEREAS, on June 14, 2012 the Commission received a Feasibility Study on proposed CB' project Bass Creek Bank StabiilizationcProject {the "2012 Project"y, and WHEREAS; on September 13; 2012, following published mid mailed notice in accordance with the Commission's Joint Powers Agreement and Minnesota Statutes Section :101B.251, the Commission conducted: a public hearing on the 2012 Project. NOW, THEREFORE, 13E 1T RESOLVED by the Sward of Commissioners of the Shingle Creels Watershed Management Comm-nission as follows: 1. The 2.012 Project will be conducive to the public healtli and promote flee general wolfare and is .in Compliance with Minnesota Statutes Sections 103B:205 to 1.03B.255 (the "Ace) and with the Commission's surface water management plan as adopted and amended in accordance with the Act. 2. The cost. of the 2412 Project is estimated ko be $70.1000. 3. The Commission ,receives, accepts and approves thefeasibility report fdr the 2012 Project prepared by Stantea Consulting Services, Inc., which project is hereby ordered. The 2012 Project is described generally as streambank stabilization in eroding areas; establishing or enhancing buffer vegetation; and installation of rock vanes and varied substratesalong.a corridor from approximately 61' Circle to 62°' Avenue North m New Hope. 4. Twenty^fi'vo percent of the final cost ofthe 20"12 Project, but, not more than $17,5110, will be paid. by the Commission from the Commission's Closed Project Account. The balance of the project REsoiuum2012-010HDEP,uaG20125CWMCPMECT Z;LS> LECREE:%RmoLuTioNS\2o1211t ORDERnaG2012SCWMCFROSWT.n06 cost will be paidfor by the City of New Hope, but no costs will be charged to other members of the Cornmission, If the, final project cost exeeeds $70,000, the Commission may consider cast pardoipation up to 25% of amount exaceditg $'1"0,004; in accordance with the Clesed Project Accou. ntPolicy and at the discretion of the Commission. 5. The City of New Hops is, designated as the member responsible for contracting for the construction of the 2012 Project, and the engineer designated for preparation of plans and speciications is iheNew Hope City Engineer, or other substitute engineers selected and.retained by the City New Nope. -Contracts for oonstruction shall be let in accords with the requiioments of law applicable to the City of New Hope. The 'Coopeiatiye Agreement f6r the Bass Creek Bank'Stabilization Project between the Commission and the City of New Hope is approved and the Chair and Secretary are authorized and directed to execute the agreement. Adopted by this Commissioners afthe Shingle Creek Watershed NYlanagement Commission the thirfcenth day of September; 2012. 1�� .&a� Tina Carstens, Chair ATTEST: (NO SEAL) Judie A. Anderson, Secretary STATE OF MO NESOTA COUNTY OF HENNEPIN 1, Judie A. Anderson, do hereby certify *at I am the custodian of the minutes of all proceedings had and held by the Burd of the Shingle Cmek Watershed Management Commission, that I have compared the above resolution with the original passed and adopted by the Board of said Commission at a regular meeting thereof held on the thirteenth day of September„ 2012, at 12:45 p.m., that the above constitutes a trite and correct copy thereof, that the same .has not been amended or rescinded and. is in full force and effect. IN WIT'NFSS WHEREOF, I have heretmw plaaed my band and signature this thirt mth day of September, 2012. jv_�- /4 7y. Judie A. Anderson - - -- Recording Secretary (NO SEAL) RFSOLIMC)NM12.010RDEft1 G2DIZSCWMCPR0JWr 7:\SHuri.aC KcRF..sol.UT .IA20129_OaneRnvG20I2SC;WMCPRQrriTD0C COOPERATIVE AGREEIIENT FOR NEW HOPE BASS CREEK BAINK STABILIZATION This Agreement is made as of this 0 day of 10& 2012, by and between the Shingle Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission'), and the City of New Hope, a Minnesota municipal corporation (hereinafter the "City"). WrTVESSETII: WHEREAS, the Commission has adopted the Shingle Creek and West Mississippi Second Generation Watershed Management Plan as amended on September 8, 2005, May 10, 2007, September 11, 2008, September 10, 2009 and September 9, 2010 (the "Plan"), a watershed management plan within the meaning of Minn. Stat., § 10313.231; and WHEREAS, the Plan includes a capital improvement program ("CIP") that lists a number of water quality project capital improvements; and WHEREAS, the water quality projects identified in the CIP include the Bass Creek Bank Stabilization project more fully described in Attachment One to this Agreement, which is hereby made a part hereof (the "Project"); and WHEREAS, the Plan specifies that projects in the CIP may be partially funded by a County tax levy under Minn. Stat., § 103B.251; and WHEREAS, on June 14, 2012, the Commission created a Closed Project Account and a Closed Project Account Policy guiding the disposition of county tax levy funds for capital improvement projects that remain when a project's final cost is less than the estimated cost at the time of certification; and WHEREAS, on September 13, 2012, the Commission adopted a resolution ordering the Project, directing that it be constructed by the City and that the Commission's share of the Project costs be funded by the Closed Project Account; and WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. The Project will consist of improvements in the City as more fully described on Attachment One. 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. The City will require the contractor to provide all payment and performance bonds required by Iaw. The City will require that the Commission be named as additional insured on all liability policies ZAShiogle Creek\C111ANIZA-Bass Creek Bank Stabilizalim project coop Jgreementdoc required by the City of the contractor. The City will require that the contractor defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. Reimbursement to the City will not exceed twenty-five (25) percent of the final cost of the Project, up to $17,500. The balance of the project cost shall be borne by the City or secured by the City from other sources. If the final project cost exceeds $70,000 due to cost overruns, change orders, corrective follow-up work, or other unexpected project costs, in accordance with the Closed Project Account Policy the Commission may consider reimbursement of twenty-five percent of the exceedance. 6. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. 7. The City will secure all necessary local, state, or federal permits required for the construction of the Project. 8. The project will be constructed on land owned or easements held by the City. 9, The City will have ownership of the associated improvements, and will maintain them in good operating condition in perpetuity or until such time as they are replaced with like improvements. 10. The City will defend, indemnify, protect and hold harmless the Commission and its agents, officers, and employees, from any claims arising out of the design, construction, or maintenance of the Project, including environmental claims. Nothing herein shall be deemed a waiver of the limitations of liability in Minnesota Statutes, Chapter 466. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. SHINGLE CREEK WATERSHED CITY OF NEW HOPE MANAGEMENT COMMISSION By: l - By: Its Chair And by.—/- - �Jl :1►/wIAnc Its Secretary d4x-�& Its Manager ZAShingle Creek\CIPs120121A-Bass Creek Bank Stabilization project coop 2greemenkdoc ATTACHMENT ONE New Hope Bass Creek Bank Stabilization Project Feasibility Report 374487 CLL SH220-2I Memo 0 Stantee y From: John Smyth Water Resource To: Gu Johnson, , City of New Hope Specialist File: 193802212 Date: June 5, 2012 Reference: Bass Creek Streambank Stabilization Feasibility Report Bass Creek runs through the northwest comer of the City of New Hope, crossing under Highway 169 into the City and under 62nd Avenue out of the City. We investigated the portion of the Bass Creek within the City limits (Figure 1). Bass Creek segments have been artificially straightened, and portions of the creek are experiencing erosion. The streambed is primarily coarse to fine sand and silt, with few areas of gravel or large substrate material that aquatic insects and fish prefer. The creek is bordered on all sides by residential homes. In the upstream area of the creek, where the creek flows from west to east, many of the property owners have stabilized the shoreline with rock. The opposite side of the creek within this portion of the stream is predominantly wetland (see photo). The wetland elevation is approximately one foot above the baseflow conditions of the creek. This allows the water flow in the creek to access the floodplain for smaller storm events. This access to the floodplain in this portion of the creek helps to reduce flow velocities on the opposite side of the creek. Due to the rock along the shoreline and access to the floodplain, this portion of the creek is currently stable. Typical of Upstream Section — Shoreline stabilized with rock. Opposite shoreline is wetland with low elevations that allow access to the creek's floodplain. One Team. InFinite Solutions. sj vA1938%ectiveY193B022121projects%bess week stabilizabonVepoffeasibility neport^6.5-12.docx May 8, 2012 City of New Hope Page 2 of 6 Reference: Bass Creek Streambank Stabilization Once the creek bends to the north in the downstream section, access to the floodplain becomes limited. In this portion of the creek, erosion is occurring along both sides of the creek. The east side of the creek has homes, yards, and fences in close proximity to the creek. In some cases, riparian vegetation has been replaced with nonnative plants with poor root structure. This has also contributed to the susceptibility of the slopes to erosion. In the areas of the most severe erosion, sediment around existing trees has been scoured, exposing the tree roots and contributing to unstable steep slopes (see photo). West Side of Creek — steep slopes and toe erosion with limited vegetation on slopes. The goal of this project is to provide stability of the creek shoreline with secondary benefits including aquatic habitat and filtering of adjacent nutrients. The proposed improvements involve the use of native vegetation to help meet the goals of the project. Figure 2 provides the location of the proposed improvements. In the areas of steep slopes and where erosion has caused encroachment and threatens fences, retaining walls, and other infrastructure (see photo), we propose to use tree revetments (Figure 3). Tree revetments involve the use of cedar trees that are installed parallel to the slope and anchored to the slope along the outer edge of the channel. The anchoring of the cedar trees along the shoreline creates areas where the streamflow velocities are slowed, which allows sediment to be deposited. This will reestablish some of the lost shoreline in these areas_ As part of the tree revetments, shrub plantings will also be installed. These plantings will provide long-term protection of the shoreline resulting from the plant structure of the shrubs slowing flows near the shoreline of the creek during high flow conditions and their root structure stabilizing the soils on the slope. May 8, 2012 City of New Hope Page 3 of 6 Reference: Bass Creek Streambank Stabilization East Side of Creek — erosion is threatening retaining walls and other infrastructure. Tree revetments will be used to reestablish and stabilize the shoreline. Dense shading along both sides of the stream has limited growth in the understory, causing exposed soils with limited root structure. This has made the slope prone to erosion. In some areas, erosion is removing sediment around trees, exposing root structure, and encroaching into the adjacent properties (see photo). Many of these areas are serving as floodplains and would benefit from the development of herbaceous vegetation and reduction of trees. In order to restore the shoreline and provide stabilization of these sites, it is recommended that toe protection with plug plantings of native vegetation be completed for these areas (Figure 3). In addition to the shoreline stabilization we propose to improve the fishery habitat by installation of two proposed riffles. The riffle will oxygenate the water and sustain pool habitat for fish. We will use a riffle design that is based on the Minnesota Department of Natural Resources Modified Newbury Riffle (Luther Aadland and Ian Chisholm). In addition to providing fish habitat this type of riffle will also focus flows to the center of the creek and reduce shear stress on the stream slopes. Debris located within the channel is deflecting flows into the slopes, causing erosion. The debris will need to be removed as part of this project. Summary The proposed shoreline improvements are necessary to provide long-term stabilization of the shoreline and protect the infrastructure of the adjacent homes. Bass Creek is May 8, 2012 City of New Hope Page 4 of 6 Reference: Bass Creek Streambank Stabilization identified by the Minnesota Pollution Control Agency (MPGA) as an "Impaired Water for Fish". The stabilization of the shoreline will help reduce unnatural sedimentation occurring in the creek and preserve pool habitat. In addition, the woody debris that is installed as part of the tree revetments will provide substrate enrichment for habitat. IN Erosion has removed sediment around trees, exposing root structure and encroaching into the property of this floodplain area. A cost estimate for the proposed improvements is provided on the following page. Potential funding sources in addition to the City include the Board of Water and Soil Resources (BWSR) Clean Water Fund competitive grant and Shingle Creek Water Management Commission Cost Share program. The Shingle Creek Watershed Management Commission can provide 25% in cost share, and the BWSR Clean Water Fund competitive grant can provide up to 85% of the project costs. The BWSR grant requires a focal match of 15%. May 8, 2012 City of New Hope Page 5 of 6 Reference: Bass Creek Streambank Stabilization Cost Estimate Approach Item Unit Qty ! Unit Price 1! Total Price Tree Revetment Cedar Tree Installation LF 370 $ 40 $ 14,800 j Live stake install EA 185 I $ 12 $ 2,220 � I Shrub installation EA 125 $ 45' $ 5,625 Shrub Planting Shrub installation EA 40 I $ 45 $ 1,800 i Toe Protection with Plug Planting Toe protection (biolog or other) LF 160 I $ 25 $ 4,000 i Plant Plugs EA i 560 $ 5 $2 , 800 Plant protection fencing LF 325 $ 8 $ 2,600 Overall Improvements Debris Removal from stream channel LS 1 ' $ 1,300 $ 1,300 Invasive shrub and selective tree removal LS 1 $ 2,000 $ 2,000 Seeding LS 1 $ 1,000 $1,000 Veg. Maintenance 2 years E4 i 1 4 $ 600 $ 2,400 Plug Planting EA 180 $ 5 $ 900 Plant protection fencing LF 160 $ 8 $1,280 Riffle EA 2 $ 3,500 $ 7,000 Mobilization LS 1 $ 2,500 $ 2,500 Subtotal $ 52,225 Contingencies (-35%) j $ 18,278 TOTALS $ 70,503 Stantec May 8, 2012 City of New Hope Page 6 of 6 Reference: Bass Creek Streambank Stabilization City of New Hope John Smyth Water Resource Specialiat John.smyth@stantec.com Attachment: Figures U 0 m N � � U v N a Nm N o:2 O0 a � N �n 7 U(7) Oc:) �4 N /�-D > N 62nd Ave N i SHEET - ANSI A Stantec 2335 West Highway 36 St. Paul, MN 55113 Tel. 651.636.4600 Stardtec Fax. 651.636.1311 www.stantec.com 01'Ont1Pf'ojeat CITY OF NEW HOPE BASS CREEK STABILIZATION Flguro No. 1.0 TRIe PROJECT LOCATION October 11, 2012 Ms. Judie Anderson Shingle Creek Watershed Mgmt Commission 3235 Fembrook Lane N. Plymouth, MN 55447 Subject: Bass Creek Bank Stabilization Project Dear Judie: At its meeting of October 8, 2012, the New Hope City Council approved execution of the agreement for reimbursement. Enclosed is a fully executed agreement for your files. Questions regarding the project may be directed to Guy Johnson, director of public works, at 763-592-6766. Thank you. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson CTTY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 + www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 COUNCIL. Request for Action Originating Department Approved for Agenda Agenda Section Development and September 10, 2012 Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.2 Resolution awarding a contract to Sunram Construction Inc. for improvements to Bass Creek (improvement project 909) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Sunram Construction Inc., in the amount of $64,681, for stabilizing the banks and additional improvements to Bass Creek. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Stabilization of the Bass Creek channel through New Hope is currently in the city's and the SCWMC's CIP for 2012. Background The Council and staff discussed the proposed Bass Creek stabilization project at the March 19, 2012, work session. A preliminary feasibility report was reviewed by the Council on May 14, 2012. Council suggested that staff investigate possibly expanding the project beyond just stabilization of the creek, to include stream improvements for Biota (aquatic organisms) and best management practices (BMPs) to meet total maximum daily load (TMDL) requirements. Council also authorized staff to present the preliminary feasibility report to the SCWMC's technical advisory committee (TAC) for their review and comments, including suggestions on stream improvements and BMPs that could be incorporated in the project to improve the habitat for aquatic organisms in the creek. On May 24, 2012, staff presented the report to the TAC and solicited their comments and ideas with regards to improvements beyond stabilization of the creek. Motion by r r�-?1NSecond by To: I:rfa\Pubworks\20121909 $ass Creek Coat Award Contract Request for Action September 10, 2012 Page 2 The TAC and the SCWMC's consulting engineers suggested the placement of riffles (rocks) within the stream in an attempt to increase the production of oxygen. After reviewing the project, the TAC recommended the project and forwarded it to the SCWMC. Council approved the final feasibility report for the project and authorized the preparation of plans and specifications for the improvement on June 11, 2012, and the report was sent to the SCWMC for their review. The project was approved for the SCWMC's CIP and for possible funding up to 25% of the project's estimated cost. The feasibility report will be used in the SCWMC's public hearing process on September 13. Staff held an informational meeting on July 12 for the abutting property owners and received comments and questions. The city engineer prepared plans and specifications to complete the project and maintain the site for the first three years to establish the plantings. Council approved the plans and specifications, and authorized advertising for bids on July 23, 2012. Bids were received from the following contractors: Contractor Total Bid Sunram Construction, Inc. $64,681.00 Urban Companies $75,062.50 G. F. Jedlickli Inc. $88,051.50 Peterson Companies Inc. $111,111.25 The low bid, in the amount of $64,681, was submitted by Sunram Construction Inc. and is $5,819 less than the engineer's estimate of $70,500. Construction of the project will begin in late September or early October. Funding Funding for the project would be through SCWMC's CIP for disbursement in 2013, and the city's storm water fund. Attachments A map showing the area involved, a copy of the resolution, a letter from the city engineer, and the bid tab is attached. I:rfa\Pubworks12012\909 Bass Creek Coat Award Contract City of New Hope Resolution No. 12-134 Resolution awarding a contract to Sunram Construction Inc. for improvements to Bass Creek (improvement project 909) WHEREAS, the Council approved plans and specifications and ordered bids for improvements to Bass Creek; and, WHEREAS, the city's current CII' includes the stabilization of, and the construction of improvements to Bass Creek; and, WHEREAS, the city has received bids and the Council does hereby determine to proceed with the improvements to Bass Creek; and, WHEREAS, the bid of Sunram Construction Inc. in the amount of $64,681 for the improvements to Bass Creek is the lowest responsible bid submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to Sunram Construction Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for improvements to Bass Creek is awarded to Sunram Construction 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 10th day of September 2012. Mayor Attest: City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Staniec August 31, 2012 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N New Hope, MN 55428 Re: Bass Creek Stabilization Project City Project No. 909 Stantec Project No. 193801490 Quote Results Dear Honorable Mayor and City Council: Quotes were opened for the Project stated above on August 31, 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 Quotes. The following summarizes the results of the Bids received: Contractor Total Base Quote Low Sunram Construction, Inc. $64,681.00 #2 Urban Companies $75,062.50 #3 G. F. Jedlicki, Inc. $88,051.50 #4 Peterson Companies, Inc. $111,111.25 The low Bidder on the Project was Sunram Construction, Inc. with a Total Base Quote Amount of $64,681.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Sunram Construction, Inc. should be awarded the Project on the Total Base Quote Amount of $64,681.00. Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. Chris Long, P.E. 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J' �- --' $ rl�i i� � r� r �_ I � W fl+irll�' } r I U < < \ �� 4 i fl olw I t r I �F, I I J fill,7111i � \ 4 Miirl r+ r 1'z ��\`. z Z '4 x opp�N/Qi� �.` �\ Ia r f f CID IZZ I (1 o � I // II I'I Il 1 141 I 1 I X"t__--__"__—_ --- ----------------- ---------------------------------------- A _—___--_______—______--_________A n -� x Un vele :Irg ryy Lf L i SO 90 Z OZ UP'AG9i Uo1d olsaa 8*I esog\uogarlgo}g 129JO SSD24a�afaq`ZLZZ09f6L\SRW \9 BL�'.A 1 10 J Z J � z z z a LL M o D Lu J � O ILL] En a x IM z In w U F VI September 11, 2012 Mr. Ryan M. Sunram Sunram Construction, Inc. 200107 5th Avenue North Corcoran, MN 55340 Re: City of New Hope, Minnesota Bass Creek Stabilization Project City Project No. 909 Stantec Project No. 193801490 Notice of Award/Contract Documents Dear Mr. Sunram: You are notified that your Quote dated August 31, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $64,681.00 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Sunram Construction, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: John Smyth 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. Christopher W. ong, PE Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney Stantec Consulting Serrices Inc 2335 Highway 36 West St Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-M] stansvn September 11, 2012 Mr. Ryan M. Sunram Sunram Construction, Inc. 200107 5th Avenue North Corcoran, MN 55340 Re: City of New Hope, Minnesota Bass Creek Stabilization Project City Project No. 909 Stantec Project No. 193801490 Notice of Award/Contract Documents Dear Mr. Sunram: You are notified that your Quote dated August 31, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $64,681.00 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Sunram Construction, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: John Smyth Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, STANTEC CONSULTING SERVICES INC. Christopher W. ong, PE Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney GORDON L. JENSEN' MELANIE P. PERSEIAXe,' STEVEN A.SONDRALL STAGY A. WOODS' Real Property Law Specialist Certified By The MAulesota Sate Bar Association 2Licensed in I'. linois/Calorado 'Qualified Ne--ja] Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1%8 TELEPHONE (763) 424-8811$ TELEFAx (763) 493-5193 e-mail law@j spattorneys.com September 24, 2012 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2012 Bass Creek Stabilization City Project NO.: 909 Our File No.: 99.10030 Dear Val: Writer's Direct Dial No. (763) 201-0211 e-mail sas@ispattorneys.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 Sunram Construction, Inc. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, <9-7 Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Chris Long, City Engineer P;Udorsrcyl.SAS11 Client Pilesl2 City ofNew HopeU9-10030 (Public Works gweral)I:.eane ltr Golf Course (lain Garden Imp.(903).doc Business Filing Details Page 1 of 1 Home ! Search (Business/Search Filings (/Business/Filings) Search » Business Filings Business Record Details e Back to Search Results » File Amendment or Renewal (/BusinesslAmendments?filingGuid=11e32aa7-b5d4-e011 -a886-001 ec94ffe7f) Order Copies Order Certificate (/BusinesslCertificates?businessMasterGuid=11e32aa7-b5d4-e011- a886-001 ec94ffe7f&route=filing&productld=023dd338-fad3-e011-a886- 001 ec94ffe7f&originalFilingGuid=6e436e9c-0fd5-e011-a886-001 ec94ffe7f) Minnesota Business Name SUNRAM CONSTRUCTION, INC. Business Type Business Corporation (Domestic) File Number 7N-123 Filing Date 0811111992 Renewal Due Date: 12/31/2013 Number of Shares 100,000 Chief Executive Officer Lee W Sunram 20010 75th Ave N Corcoran MN 55340 USA Filing History ' Renewal History MN Statute 302A Home Jurisdiction Minnesota Status Active 1 In Good Standing Registered Office Address 20010 75th Ave N Corcoran MN 55340 USA Registered Agent(s) (Optional) None provided Principal Executive Office Address 20010 75th Ave N Corcoran MN 55340 USA http:llmblsportal.sos.state.mn.uslBusinesslSearchDetails'.7filingGuid=1 l e32aa7-b5d4-e011-... 9/21/2012 September 26, 2012 Mr. Lee Sunram Sunram Construction, Inc. 20010 751h Avenue North Corcoran, MN 55340 SUBJECT: Bass Creek Stabilization improvements - project 909 At its meeting of September 10, 2012, the New Hope City Council approved the contract with your company for project no. 909 for $64,681.00. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/1C-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, 17 . 1 Valerie Leone City Clerk, CMC Enclosures - Contract, IC -134 cc: Guy Johnson, director of public works Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn_us City Hall: 763-531.-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 CONTRACT DOCUMENTS Project # nu r For Bass Creek Stabilization New Rape, Minnesota City Project No. 909 CONTRACT July 2012 DOCUMENTS PTojeriC No. 193801490 v ntec DATE A CERTIFICATE OF LIABILITY INSURANCE 9 1,4 201D 2rn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michele Miller, CISR Bearence Management Group PHONFEE - (800)797-2637 FAX Na: (651)379-7801 2010 Centre Pointe Blvd DDRs:oDRFs ammiller@bearence.com PRODUCER A0002340 rlletnur:d �n w Mendota Heights MN 55120 INSURE S AFFORDING COVERAGE NAILN INSURED INSURERA:Travelers Indemnity Co of 25666 INSURERB�harter Oak Fire Insurance 25615 Sunram Construction Inc INSURERC:Travelers Indemnity CompanV 25658 20010 75th Avenue North INSURERD:The Builders Group of MN INSURER E : Corcoran MN 55340-9459 _1 INSURER F: COVFRAGFS CFRTIRIf ATr- WI IMR W0-1 9 _ 1 4 'All TA -0 eevl�+lr�u w u�btr.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SU WVD POLICY NUMBER POLICY EFF MINDDNYYY) POLICY EXP (MMIDWYYYY1 LIMITS GENERAL LIABILITY Saint Paul, MN 55113 M Miller, CISR/MILLER EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 0 -0351L370 -Cor -12 /1/2012 4/1/2013 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 5,000 X Contractual PERSONAL 8 ADV INJURY $ 2,000,000 X X,C,D GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 4,000,000 POLICY X JE o LOC $ AUTOMOBILE XANY LIABILITY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Perperson) $ B ALL OWNED AUTOS 8100351L370-COF-12 /1/2012 4/1/2013 BODILY INJURY (Per accident) $ X SCHEDULED AUTOS PROPeccltlent) ERTY DAMAGE (Per $ X HIREDAUTD5 X NON -OWNED AUTOS Comp Deduclible $ 500 Collision Deductible $ 1,000 X UMBRELLA LIAB X OCCUR - EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ C X I RETENTION $ 10,000 VP0351L370-2ND-12 /1/2012 4/1/2013 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECLTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DE SCRIPTION OF OPERATIONS below N f A 11-0000465 /1/2012 4/1/2013 ' WC5TATU- OTH- X OY LIMITS ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is requlred) Project Bass Creek Stabilization: Stantec Consulting Services Ina. and City of New Hope shall be named as Additional Insured in regard to the General Liability Form CGD246 6 COD316 where required by written contract on a primary and non contributory basis including completed operations. lnR I Irl"M I C I" ILJL I JrW ! AM Gl l ATIf kl (651)636-1311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Stantec Consulting Services Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 2335 Highway 36 West AUTHORIZED REPRESENTATIVE Saint Paul, MN 55113 M Miller, CISR/MILLER ^--^ V t�wwvrwwl (FJ T9SS-ZOU9 AGORU CORPORATION. All rights reserved. INS025 (20osos) The ACORD name and logo are registered marks of ACORD September 11, 2012 5tamtec Consulting 5wAm Inc 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4660 Fax: (651) 636-1311 Mr. Ryan M. Sunram Sunram Construction, Inc. 20010 75`" Avenue North Corcoran, MN 55340 Re: City of New Hope, Minnesota Bass Creek Stabilization Project City Project No. 909 Stantec Project No. 193801490 Notice of Award/Contract Documents Dear Mr. Sunram: You are notified that your Quote dated August 31, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $64,681.00 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Sunram Construction, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: John Smyth 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. Christopher W. Long, PE Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney Bond No. 54186411. PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (N4me and Address): SURETY (Name, avid Address ofPrincipal Plane of Business): Sunram Construction, Inc. United Fire & Casualty Company 20010 75th Avenue North 118 Second Avenue SE Corcoran, MN 55340 Cedar Rapids, IA 52401 OWNER (Nome and Address): City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 CONTRACT Effective Date of Agreement: September 11th,' 2012 Amount: Sixty-four Thousand Six Hundred Eighty-one and no/100 Dollars ($64,681.00) Description (Name and Locution): Bass Creek Stabilization City Project No. 909 BOND Bond Number: 5418 6411 Date (Not earlier than Effective Date of Agreement): September 14th, 2012 Amount: Sixty-four Thousand Six Hundred Eighty-one and no/100 Dollars ($64,683..00) 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 SURETY Jnited FiVZ& CaE Surety's N �_c By: Signature (Attach M. A. Jones Print Name Attorney-in-fact Title Attest: Si Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. PJCDC C-610 Pertarmance Bond (2007) Prepared by Oe Engineers Joint Contract Documents Committte. 0U 6113.13 Page i o1`3 Sunram Constructions Inc. (Seal) x. ,a Contractor's Name and Corporate Seal ?By: kAAL.�i1A S k k n _ J _D1nn Signature ': LEE SuNam Print Name T Title Attest: 4YVYUDJ Si],[m Signature - � 7 A Tide SURETY Jnited FiVZ& CaE Surety's N �_c By: Signature (Attach M. A. Jones Print Name Attorney-in-fact Title Attest: Si Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. PJCDC C-610 Pertarmance Bond (2007) Prepared by Oe Engineers Joint Contract Documents Committte. 0U 6113.13 Page i o1`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. I. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Parragraph 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 Qwner, 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 writton 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 aNvailable to Owner. 5. After Owner has terminad 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 Pertorawnce Boad (20M Prepared bythe Engineers Joint Contract Documents Committee. 00 6113,13 Page 2 of3 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. 5. 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. ;i_ 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 witb the other terms thereof FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or13M)=:Bearence Management Group 2010 Centre Pointe Blvd.; Mer4ota Heights, M 55120 Owner's Representative (Engineer or otherparty): stantec 2335 Hwy 36 W. , St. Paul, :4IId 55113 XJCDC 0610 Performance Bond (7007) Prepared by the Engineers Joint Coahvzt Documents Committm. 00 6113.13 Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address ofPrincipal Place of Sunram Construction, Inc. Business):United Fire & Casualty Company 20010 .75th Avenue North 118 Second Avenue SE Corcoran, MN 55340 Cedar Rapids, IA 52401 OWNER (Name and Address): City of New Hope 4401 Xyon Avenue N New CONTRAC�TMN 55428 EMctiye Date of Agreement: September 11th, 2012 Amount: Sixty -Four Thousand Six Hundred Eighty-one and no/100 Dollars ($64.681.0C) Description (Name and Location): Bass Creek Stabilization City Project No. 909 BOND Bond Number: 5 x.18 6 411 Date (Not earlier than Effective Date of t Agreement). September 14th, 2012 Amoun;t:Sixty-Four Thousand Six Hundred Eighty-one and no/100 Dollars ($64,681.00) 3 ' Modifications to this Bond Form: None a, 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. ;a CONTRACTOR AS PRINCIPAL SURETY :f ih I Sunram Construction, Inc. (Seal) United Fir Cas ntpany (Seal) Contractor's Name and Corporate Seal Surety's N an C orate S By: By. r Signature J Signature (Atlac of Attorney) _S Print Name Title 46/3LM /Signature Title M.A. Jones ' Print Name Attorne -in-fact Title Attest: ignature Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. VCDC C-615 Paymad Bond (2007) Prepared by the Engineers Joint Contract Documents Committee, 00 61 13.16 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 famished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof; to Owner, stating that a claim is being made under this Bond and, with sub stantial.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 94 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 ma 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. 1ZJCDC 0-615 Payment Bond (2007) r Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 2 of3 y.i I 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe 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 herefiom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the Jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (11 Surety Agency or Broker; Beare nce Owner's Revresentative (Enaiwor rrne, Address, and Telephone) Managenert Group 2010 Centre Pointe Blvd., Mendota Heights, MN 5512 Or_other): Stantec 2335 Hwy 36 W, St. Paul, MN 55113 E]CDC C-615 Payment Bond (3007) Prepared by the Engineen doiut CanbwtDocuments Commtttm 006113.16 Page 3of3 CORPORATE ACKNOWLEDGMENT STATE OFN N P-SDTA COUNTY OF On the 14th day of September 2012 before me personally appeared , I -FE SUNIZAM to me, who being duly sworn, did depose and say: that s/he resides in MINNESOTA that s/he is thePRESIDENT of the Sunram Construction Inc. . the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. (SEAL) ANNETTE SHIERTS ' NOTARY PUBLIC•M}NNEWTA Notary Public My Commission Expires dan. 81, 2013 flOAAAWA A ftAAAA&&AAAAAAAAAAAAAdV r ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 14th day of September 2012 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of United Fire & Casualty Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) ......�.�.��.•.,�ue.� NICOLE MARIE COTy Notary Publie-Minnesota ;, My Commission Expires Jen 31, 2015 UNITED FIRE & CASUALTY COMPANY Home Office — Cedar Rapids, Iowa Certified Copy of Power of Attorney (Original on.file ai Home Office of Company—See Certification) Bond Obli CITY OF NEW HOPE 440Fee XY NEW HOPE, MN 55428 KNOW ALL MEN BY THESE PRESENTS,: That the UNITED FIRE & CASUALTY COMPANY, a corporation duty organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, consti- tute and appoint NICOLE M. COTY, OR M. A JONES BOTH INDIVIDUALLY Of 2010 CENTRE POINTE BLVD, PO BOX 64016 SAINT PAUL, MN 55164 its true and lawtul Anorney(s)-in-Fact with power and authority herebyconferied to sign; seal and execute In its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: 41,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized r9kers of UNITED FIRE & CASUALTY COMPANY and all the acts of saidA.ttorney, pursuant to the authority hereby given are heieby ratified and confirmed. The Authority hereby granted shall expire January 13th. 2013 unless sooner revoked: This power of Attorney is made and executed pursuant to and by authority of the tollowing By -Law duly adopted by the Board of Directors of the Company on April 18, 1973 "Article V - Surety Bonds and Undertakings" Section 2, .iopointTreni of Atiorney-n-Fact "The Prewdent t r an. Vine presWril, or any other off ter of thr: Company, may tram time lu time, appoint by wmten recti rxaae5 attomc�san k�rttnact Nn behalff ftCornpany in the evew innufpuhciescif insuring humis, undertakm6-.and;A& obligatory Instru- mem of like nature. Thr srgnatureo rif any uftscer authod.--d hereby and the C.orporatw seal, may b(.- affixed by facsimile to any power of atturney or sfits ial pusver ai attorney orterliiicabon of either authorized hey; such signature and 9 d, when so used. being adapted by the Coinpan) as the original signa- turrof such affictn and the tarilpi ia( seal of the Cptnpanv to he valid and bines Bixin the rampany vnth thrr same foci and effect as though manually aftlxed. Such attorneys-.n-twk subject to the ltmllattaro set furth m their res{xctne t aililcabes of authority shall have tail puti,rr to bind.tt Company by their signature and execution of any such instruments and to attach the seal of the Cnmpany thereto The President or any Vice President the Beard tit Dim -am or aW odw ohnar of the Company may at any time revoke ill power and authority previously K"en to any attorney tri -fart. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these "11411t +rr ' preterits to be signed by its vice president and fts corporate seal to be hereto affixed this 14th day of September x2012 UNITED. FIRE; & CASUALTY COMPANY By ZiRdi. r 11% . e President State of Iowa, County of Linn, ss - On this 14th day, of September .2012 before me personally came Dennis Richmann to me,known, who being by me duly sworn, diad depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation desc,rihed in and which executed the above. instrument; that he knaves the seal of Said corporation; that the sea) affixed to the said instrument is such corporate seal; that'a was set affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority; and ackr"Medges same to be the act and deed of said corporation. MaoyA Jarisen Ak Iowa Nowal seat Comrnisslonnumbw 713273 No4l Publ' MY Comm Exptr+aa 14128122013 My Communion expires Octob& 2b,. 201.3. CERTIFICATION 1, David A., Lange, Secretary of UNITED FIRE & CASUALTY COMPANY, do hereby celti -that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of theby-laws of said company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcri therenC anti of the whole of the said r>Vnais, and that the said Power of Attorney has not been revoked and is now in full farce and etfect. In testimony whereof I have hereunto subscribed my name and affixed the ©corporate seal of the said Company this 14th day of September 7012 tiuurx wxaowtiW 3 I; �` BPt]AUti41 I02007 '•sewL *� Sec pnrxog rrrron 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. i� r' Dan Edgerton Date: 1& 24, 2012 License # 19206 END OF SECTION PROFESSIONAL CERT1FI IONS © 2012 Stantec 1193801490 00 0105 - I. 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 0011 13 Invitation for Quotes 00 21 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 EICDC C-700 Standard General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01- General Requirements 01 1000 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 014000 Quality Requirements 01 50 00 Temporary Facilities and Controls 0157 13 Temporary Erosion and Sediment Control 017000 Execution Requirements SITE AND INFRASTRUCTURE SUBGROUP Division 31- Earthwork 31 10 00 Site Clearing 31 25 00 Riffle Development and Riprap at Outlet 3132 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 -- Exterior Improvements 32 92 00 Turf & Grasses 32 93 00 Trees, Shrubs, Perennials END OF SECTION 0 2012 Stantec , 193801490 TABLE OF CONTENTS 000110-1 SECTION 00 11 13 INVITATION FOR QUOTES Quotations are due at 12 PM, CDT, on Friday, August 31, 2012. Quotations shall be sent to John Smyth, the Engineer's Project Manager, via email at John.SmAh@stantec.com or mailed to 2335 Highway 36 West, St. Paul, MN 55113. The Quotations are for the following: Bass Creek Stabilization In general, Work consists of stream stabilization on Bass Creek using rock riffles, plantings, and tree revetment. Direct inquiries to Engineer's Project Manager John Smyth at (651) 604-4708 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 Stantec 1 193801490 INVITATION FOR QUOTES 00 11 13-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE I - 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 Werk 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 (inducing Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Stantec Plan Room. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: @ 2012 Stantec 1193801490 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. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Existing Underground Facilities are not indicated in the drawings. 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 70 BIDDERS C 2012 Stantec 1 193801490 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 (mown to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; E, agree at the time of submitting its Bid that no further examinations, Investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; F. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as Indicated in the Bidding Documents; G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon 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 © 2012 Stantec 1 193801490 INSTRUMONS 70 BIDDERS 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 S - 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 © 2012 Stantec 193801490 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 nor -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entitles proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent Information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. 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 ht- shown. © 2012 Stantec 1 193801490 INSTRUCTIONS TO BIDDERS 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 A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. © 2012 Stantec :193801490 INSTRUCTIONS TO BIDDERS 002113-6 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 4110, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract Is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. © 2012 Stantec 1 193801490 INSTRUCTIONS TO BIDDERS 002113-7 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS 70 BIDDERS © 2012 Stantec 1 193801490 002113-8 BIDDER— DOCUMENT IDDERDOCUMI=NT 00 41 10 shudec QUOTE FOR14 BASS CREEK STABILIZATION QTY PROJECT N0. 909 STANTEc PROJECT NO. 193801490 NEW HOPE, MINNESOTA 2012 THIS BID 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 farm included in the Bidding Documents to perform all Work as specified or indicated In the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. }+ 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the)Bid Opening, or for such longer period of time that Bidder may agree to in wrl1ng upon request of Owner. i 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, reoeipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. DWder has vlsatt! the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affiect cost, progress, and performance of the Work. C. Bidder is familiar with and Is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progre% and performance of the Work. D, Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or aontiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified In SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, Investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and VAderground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or Ach relate to any aspect of the means, methods, techniques, sequences, and procedures of oxminuction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs Incident thereto. 0 2012 Stantec 1193BM49D 00 4110 -1 QUOTE FORM 11 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 accordance with the other berms and conditions of the Bidding Documents. G, Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified In the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. i, Bidder has given Engineer written notice of all conflicts, errors, ambigultim, or discrepandes that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions far the performance of the Work for which this Bid is submitted. K Bidder will submit written evidence of Its authority to do business in the state where the Project is.located not later than the date of its exeafflon of the Agreement 4.01 Bidder further represents that: The prices in this Bid have been arrived at Independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids, No attempt has been made or will be mad the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of re competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsivenessr responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agenter which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for staboments that can be shown by dear and convincing evidence W be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices): All specific cash allowances are induded in the prk*s) set forth below and have been computed In aaardance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.E of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities provided, determined as provided in the Contraq Documents. ® 2012 StanW l WM490 00 4110 - 2 QUOrE FORM BASE BID 1 MOBILIZATION LS 1 ] /� �r 245-o $ 4 3 ^ 0 . { 5- 2 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $ i 00_00 oQ $ t C)o. QQ 3 DEBRIS REMOVAL FROM CHANNEL LS i $ 6-O , m $ 31.u. 00 4 REMOVE EXISTING TREE, DIA. 6 IN. OR EA 10 $ 30.00 $ Ca GREATER 5 TREE CLEARING FOR DIA. LESS THAN 6IN, LS 1 $ ALo Q. ®;D 11600.o6 6 FLOATING SILT FENCE LF 55 $ _ 1 2. 00 $ 7 RODENT PROTECTION FENCING LF 430 $ 5. $ VI t SiCi 8 16" FIBER LOG LF 215 $ 33• ©0 $ 0 s- a0 9 CATEGORY 4 - EROSION CONTROL BANKET SY 165 $ — 7.10 $ 6 • S-0 is PLUG PLANTINGS EA 600 $ Z b oo $ I S o. oo 11 POTTED DOGWOOD SHRUBS EA 126 $ V'So'' - $ J.3I6. 20 12 LIVE STAKES EA 187 $ 3 �_ T • - $ 13 4.45- 13 13 TREE REVETMENT LF 370 $ T . SQ $ 9 0 W. 00 14 SEEDING SY 660 $ . 25r $ Oil 15 BONDED FISPR MATRIX SY 660 $ _ $ _ 9 . 60 16 18" DIA. BOULDER RIFFLE EA B0 $ , 00 $ & Q_ ob 17 24" DIA. BOULDER RIFFLE EA 45 $ . OO $ 3 6 4S. OO 18 CLASS III FIELD STONE Cy 9.5 $ 13 0. OQ $ I S- cc 19 GEOTE)MLE -TYPE IV SY 10 $ . Cin $ 25--b , 00 20 VEGETATIVE MAIrtNANCE, YEAR 1 e. LS 1 $ Z a $ 17-40.0o 21 VEGETATIVE MAINTENANCE, YEAR 2 AND 3 LS 1 $ , 0 $ 1$10.00 22 RESTORATION - ACCESS AREAS LS 1 $ 77!5. o $ 9 4s-. �Q TOTAL BASE BID $ �oo 0 2012 Stantec 1193801490 OD 41 10-3 QUOTEroom 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages In the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. IF Bidder Is: An Individual SUBMITTED on i '31-2o,2. Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) 0 2012 StBpUeC 1193801490 004110-4 QUOTE FOAM 4 ■ ■ 0 A Partnership A &r Dor ion Partnership Name: By: (Signature of general partner) Name (typed or printed): Busik= Street Address (No P.C. Ekw #Is): Phone No.: Fax No.: Corporation Name; Jam' enva4ur O L SEAL) State of Incorporation: Mi A Al �7Q4-01— _ Type (General Busina5g. Profiessional, Service, Limited Liability): By. 63u'�i..v►� F / (Signature) [[�� Name (typed or printed): /"i- JkflriM'VV\ Title: —y' i a Attest _ (OORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.D. Box #'s): 2oOja. rc� MA S ? Phone No.: 7 T.FJ -Fax No. —46 3 -414 -no F a ® 2012 Stantee 1 143801440 004110-5 QUM FOW A Joint Venture Joint Venture Name: (SEAL) BY, (Signature of joint venture partner) Name (typed or printed): Tide: Business address: Phone No.: Fax No.: Joint Venturer Name: (SFAL) By: Name (typed or printed). Tide: &rsiStreet Address (No P.O. Box #'s): Phone No.: FaX No.: Phone and Fax Number, and Address for receipt of offidal communicatlons: (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 indicate above). END OF OOCUMW 0 2013 Stantec 119 gMgo 004110-6 QUOTE FORM THE AMERI CAN I NSTITUTE 0 F ARCH ITECTS AIA Document MI Bid Bond KNOW ALL MEN BY THESE PRESENTS, that We SUNRAM CONSTRUCTION INC 20010 75TH AVE N, HAMEL, MN 55340 as Principal, hereinafter call the Principal, and United Flre & Castaalty Company, 118 Second Ave. SE, Cedar Rapids, IA 52401 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE, 4401 XYLON AVENUE N, NEW HOPE, MN 55428 as Obligee, hereinafter called the Obligee, in the sura of Five Percent of the Bid Amount 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 BASS CREEK STABILIZATION 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 with the terms of such bid, and give such bond or bonds as maybe specified in the bidding or Contract Documents with good and sufficient surety for thefaithful 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 largeramount forwhich the Obligee may in good faith contract with another arty 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 31st (Witness) day of August 2012 SUNRAM CONSTRUCTION INC (Principal) (Seat) rill , A Tbn.rSI "-yneW i n �i_.__�� AEA DOCUMENT A310 * 810 BOND * ASA` • FEBRUARY 1970 ED. a THE A-MERICP.ti INSTITUTE OF ARCHITECTS,1735 N.Y. AVE.. N.W., WASHINGTON, D.C. 20o06 CORPORATE ACKNOWLEDGMENT STATE OF M1NIV,6&g9 COUNTY OF ja On the 31 st day of August 2012 . before me personally appeared , LFE SUNIROM to me, who being duly sworn, did depose and say: that s/he resides in A that s/he is the PRES&FT of the Sunrarn QgnstrLictjon, Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. ■ r (SEAL) ,!,VETTE SH"TSA*VntZb SA461& s NOTARYPUBUC-MINWE66ti Notary Pubile aly Commissicn E�t►es.Fan. 8S. X16 r N ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 31st day of August 1 2012 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of United Fire & Casualty Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) '��Oub� 1 !71 w �,,, v,F.�, v v✓.•V FaNN.ri Notary Public �' Noialy I'ubiio-;liiinnesgta a„ Nry Canmisaton l;xpireg Jan 37, 2015 BID BOND - 00013368 -IMUND F1 RE..&I CASUALTY COMPANY R604 Hortie-office —Ced,ar1;4idi, Iowa C ciattifiled Coo Xitom,�y Obli ee .... I. 'Yt4i��Ver 6f . ... . . x on AlieIai 'Home Office of.]�--prpppy —See Certification) 44N VLON AVENUE N NEW HOPE, MN 55428 XNOWALL MEN BY THIS.-E.914_E5ENTSe LAN , That the ]TED FIRE & CNSUALTY COMPA.14Y., a coqiomtion duly-org'an!7od orYdi Iexisting un, eyiM- laws 4'60. -State of Iowa, -and'haViq its principal dfficein:CeclarRapids, Stade 0ii.awa:j,- tute, and A -p- p' 'a . i . ilt,L.. 0 OR to. 1k. JON 0 VI NICOLE M _C hY,, E,4. DI T -A I j z —1 5 02010 CENTRE POINTE BLVD, PO BOX 64016 SAINT PAUL, MN asw i to�.oM IawfW::XMrh0�-_i n4:act wi t;�W- -ts th.0ow WRY, hereby CQpfe0k'WL�Ij� andi� in prand.a0i SAM: .ful bond5i -.und&tA!h99:An'-&d other ob ligat6ry.'in§truiii4nts'6f�:sjm- 1lair nature as...f.p1l,ows: $ 1. 0oo,000.00 np if:.sp0yjFnstrq=.ats..were.-4g and WI 1W d U'Njt0b,'.0.(JE k-CASUALT-YtOMIRANY er6y as fully and. 113p sat d M ' .!: ` eq 0 UNIT ff-FIR-I 'C' 0 " my. to; 13p 0� bye duly, f E:& WNW "k said Attornew Uant to, 60 ai� "auth - reb)41�. ,ate ---.4.0- d-�,Whfi i-�-'n. 46-Aukhy hef*.-.grantdd�ihi:'MoiteiD. roMbor,30thir.2912,1 t'ti:-ii0I@'p9- WoWrOW&M.. 'chis powe" ind.exec p .. ursua n to, r- of Attorney. Is itade", Ate�' t ';ai&by'al OnV-dithelbllowihg By -11w duly. Ad6ofedby the. .Ward of Directors of p '.tho"t any on April"18; 11973. "Article V — Sur" Bonds and Undertakings" SktiWi 2 A I' ent-bf Attorney -n -Fact.. "The or a6yV!�e prsldam or'any'alher officer of the Cornpiny, ni rvt!� ffitroblip Lf ' 'd:q t1W%V.en11C&1eSA1t0rn�*jn 3010al-A sari wrl 11 in behalf Company in the execuOon Opoli��V imutM�6,-1560% UnclerLaW ItOYp theCorp xM rk signature Of DrI -affir 10re i�.,14csimllilo por aW16�ZC4 I @(�.d po 66. -4kQr*'--aW _ik '90hen'so used, b6i4.'i&)rALM 11,YIM C0Mj)D'ny.W- he Orl, . 42(m =q.-tskiMificiffon C�l ibe-sanie 'a IJY S. -h certificates &'aLii1h&I'jy'ihaII ha&vo'IxAver WBW th 4 -d" ie'd 't-cripriny theratcelfe'Preld t.. rainy f FiireClUrs 1-y oihe,. atilhority previo,40y-giiven to, 11 a tor 44cL . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... I NV A . Tt-4ESS'WHERE0E--the-UNITED CASUALTY 60MPANY h8.cauged die -go M '1jie4d&4i and its corp rat0eil Lo-.hitIIh-0reJto affixod this 20th day.... I August ,2012 .17 Y. NITEM l-0-'&.CA5V'AL7Y-00MPAN V By V ep int this -20th 'day of August .12012 befo.reoe�personally=nie Qennis-"Richmanri tome known, who:! by.me .�4uly -swqn, did:dQ 41 he in,�Cffldar Rapk�,.-�.. -of IpMoibat he- is aVke Pre.tident of -the FTME .pd Say: that h. MI, M the corporAtiondektibied in and wlgfc- -exeMted. the above 1.�nstrumpnt;.'tliklt.li'eM'Ows:thi?-,s-eat of A CA$�JALTY CO .. PAN h -the seat e"d :staid caporatiow, thaft it affik&J to the said Instrunienf is such corpar,4qIsd given by the Board of Dk&-tors of said corporation and. drat he signed :mcknoWlodges same° to be the ad Arid'di2ed of said 0q)oration. - Mary A ,Jansen %'fig Y Tv My Cpmmfs&T4n., 0613* . -d-pmmissiqh�e9.pires-Qdqb 20, 13. My ires Q.q V pb Qb 'Ok T -IFICA TION. I, David A'. Langej Speretary of UNITED FIRE CASUALTY-.COMPAMY, do h6reby certify that -I have compairedt,the ffiregdlip.g of the PoWertfAttorno.`and affidavit;.,and the copy of:theSetfi6n. the byrlaWs of said %company as serf6rth in saidt I'iawer oF'Att6rA6y,'.with theORIGINALS-ON FILE IN THE HOME OFFICE OF SAID COMPA.M.'j-.and Ai6llhe salne are cb&ect. t rifts tM n dy of tine wholeof theidpliginals, ' and that the said'Powdr-& Attorney Attorn' has not -been revoked and.is-Aow .,rM5 ip. ec fij the sa id IQpm,p4ny e and affixed xorpo rate seal of t J li-A00.-hetont Wbicribed my. nanj xed ihe i t1115 r' 3lFst," day -6f gle CAN LZ COAP83SA' y/ sras S re, C r RPOA0.041.1024.107 SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Sunr m Construction 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: stream bed stabilization on Bass Creek using rock riffles, plantings, and tree revetment. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bass Creek Stabilization, City Project No. 909 for the City of New Hope, Minnesota. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be Substantially Completed on or before October 31, 2012, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 28, 2013. Substantially Complete is defined as everything completed with the exception of the plant plugs. Plant plugs shall be installed between May 15, 2013 and June 15, 2013. 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions, The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $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 AGREEMENT FORM © 2012 5tantec 11938014911 005210-1 thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment, ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Sixty -Four Thousand, Six Hundred Eighty -One Dollars and No Cents ($64,681.00). ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.65 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. AGREEMENT FORM © 2012 5tantec 1 193801490 005210-2 ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F_ Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. AREE11T FORM © 2012 Stantec 1 193801490 005210- ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: Bass Creek Stabilization. 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 limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. AGREEMENT FORM C 2012 5tantec 193801490 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 Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. `fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between 2 or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM 0 2012 Stantec 1193801490 0052 10-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on .SEPMM �E .� 2012 (which is the Effective Date of the Agreement). Owner: Contractor: City "ewkiope, Minne to Sunram Construction, Inc. ti By: By: Address for gwCnotices - LERK UITY OF NEW HOPE 4401 XY1 ONVE NO - NEW HME MN 55428 Designated Representative: Attest: Address for giving notices: 2oolo -75rr+ Avr- N/ License No.: E�C 6452ZO (Where Applicable) Designated Representative: Name: Title: CITY MANAGER Title: Address: 4401 XYLON AVE NO Address: NEW HOPE MN 55428 Phone: 763-531-5100 Phone: Facsimile: 763-531-5136 Facsimile: END OF SECTION AGREEMENT FORM cp 2012 5tantec 193801490 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement). Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal LIM Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety 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 Pate 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page_ 1Q. 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) Surety Agency or Broker: Owner's Representative (En ineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest. Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page I of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Re resentativeg ineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 3 of 3 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACE 1x.. •raw Cor ci of Fxcxernuc Coarraxncc s r i � 4� r ASCE American Society Mlational Society of of Civil Engineers " ' v , Professional Engineers Prafessianal I:nphms in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by i I 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 v,ww.nspe.or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.age.oriz 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1 Definitions and Terminology ............................................. 1.01 Defined Terms................................................................ 1.02 Terminology.................................................................... Page .................................................. 1 .................................................. 1 .................................................. 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 Article5 — 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. Ali rights reserved. Pagei --- — __._. 007205 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCl7C C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9,06 Shop Drawings, Change Orders and Payments ........................... ...... 39 ................................. 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and ResponsibiIities................................................... 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page rii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order --A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a 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 0 2007 National society of Professional Engineers for EJCI)C. Ali rights reserved. Page I of 62 00 72 05 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawing.—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. ETCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Pave 2 of 62 00 72 05 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands fiunished 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. Pace 4 of 62 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 t1,P parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of hike effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives `reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Pace 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All tights 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 small be done at the Site prior to the date on which the Contract Times continence 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 I. 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 ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 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 Doct,mentc „n1Pcc 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 ® 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 text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Paee 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: I . If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 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: 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 0 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 (u) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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. L 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 1.3.07, 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 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 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 rational Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 — ... ........�_ - 007205 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: with respect to in 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 materially changed or renewal refused given to Owner and Contractor and Supplementary Conditions to whom certificates of insurance furnished by provide); that the coverage afforded will not be canceled, until at least 30 days prior written notice has been to each other additional insured identified in the i certificate of insurance has been issued (and the the Contractor pursuant to Paragraph 5.03 will so 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 Paragrat)h 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as. a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 parry 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 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such 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 perforin construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (Which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsbility 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 finmish 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 0 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Page 23 of 62 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: if a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.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 equaI." 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 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.063), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable 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. Pace 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 Docuinents 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 2007 National Society of Professional Engineers for EJCDC. AN rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 chain 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, Suppliers or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 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. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. AU rights reserved. Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.44 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: 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 relea_ce of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Paee 33 of 52 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D. I. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 -- OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8. 10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on.Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereon 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 Conditns of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 39 of 62 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is -due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 007205 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Pace 42 of 62 0072 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 10.05.13 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 I1— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORD 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 11.0 LB, 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 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation., superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment fumished 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. £ Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded• The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0l .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 11.0 LA. 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 ® 2007 National Society of Professional Engineers for EJCAC. All rights reserved. Paze 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0LA and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be.performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if. 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01,13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. An rights reserved. Paee 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 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.0I.A. 5, and 11.0 LB; 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 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 49 of 62 7205 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the. Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 standard General Conditions of the Construction Contract _ Copyright ® 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 Constrnctlon Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5I of 62 0072 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 1.0.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: I. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Palle 53 of 62 7205 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief- a. elief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 4.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14,02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 56 of 62 00 72 05 certificate of Substantial Completion (with L. 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: 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. Pace 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 Rational Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage. stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, 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 007205 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sura 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 party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request.. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 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. Page 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 Iaw 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 GeneraI Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Pace 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 -1.01.A44 The definition of Substantial Completion has been defined In the agreement. SC -1.02 Add the following new paragraph immediately after Paragraph 1.021: G. The Specifications are written in imperative mood- and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS, REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.02.8 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 strictures at the Site, are known to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.06.15 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. © 2012 Stantec 143801490 SUPPLEMENTARY CONDITIONS 007305-1 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 E]CDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.6: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.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 small 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 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 Suiiders Risk Property Insurance Policy in the amount of the full replacement cost of the entire © 2012 Stantec 1 193801490 SUPPLEMENTARY CONDITIONS 007305-2 Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: B. 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. SUPPLEMENTARY CONDITIONS © 2012 Stantec ; 193801490 007305-3 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.B 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 10.05.8 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid f=orm. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." 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 10.05.0 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.6, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other SUPPLEMENTARY CONDMONS © 2012 Stantec 1 193801490 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 5C-16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall Include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved In a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION © 2012 Stantec 193801490 SUPPLEMENTARY CONDMONS 007305-5 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be inddental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: Bass Creek Stabilization for the City of New Hope, Minnesota, City Project No. 909. B. Description of Work: Project consists of the stream stabilization on Bass Creek using rock riffles, plantings, and tree revetment. 1,04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth In the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of site access, staging areas, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances dear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 1.07 OTHER WORK AT SITE A. Working hours may be from 7 A.M. to 9 P.M. from Monday thru Friday, 9 A.M. to 9 P.M. on Saturday, and no work may be complete on Sunday. PART 2 PRODUCTS © 2012 Stantec 1 193801490 PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2012 Stantee 1193801490 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: I. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. PART 2 (PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2012 Stantec 1 193801490 PRICE AND PAYMENT PROCEDURES 012000-1 SECTION 01 31 00 PROTECT MANAGEMENT AND COORDINATION PARTI GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Existing Underground Facilities are not indicated in the drawings. B. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for 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 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. PROJECT MANAGEMENT AND COORDINATION © 2012 Stantec 1 193801490 013100-1 C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2012 5tantec 1 193801440 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used, PART 3 . EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare a schedule showing overall sequence of construction. Organize the schedule by work activity. 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: I. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. © 2012 Stantec 17474sfamn SUBMITTAL PROCEDURES 013300-1 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 coples 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 Dlus 15 -percent mark-up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 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 © 2012 Stantec 193801490 SUBMr7TAL PROCEDURES 013300-2 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 I. All Work and costs of this Section shall be incidental to the Project and Included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and Inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections. © 2012 Stantec 1193801490 QUALITY REQUIREMENTS 014000-1 1.07 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate certifying that products meet or exceed spedfied requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2012 Stantec 1193801490 014000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 0133 00 — Submittal Procedures. 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 baseci on the follnwinm 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.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. TrafFc 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. 0 2012 Stantec : 193801490 TEMPORARY FACILITIES AND CONTROLS 015000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Pe:n'of original Contract amount earned - 50 90 nt of original Contract amount earned -100 100 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.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. TrafFc 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. 0 2012 Stantec : 193801490 TEMPORARY FACILITIES AND CONTROLS 015000-1 PART 2 PRODUCTS Not. Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 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. END OF SECTION TEMPORARY FACILMES AND CONTROLS © 2012 Stantec 1 193801490 015000-2 SECTION 01 S7 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration. a. Floating Silt Fence: Measurement will be by linear foot installed. b. Temporary Construction Entrance: Measurement will be per each. Payment at the Bid Unit Price shall include all materials, installation, maintenance and removal of the construction entrance as spedfied. 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 3125 00 — Riffle Development and Riprap at Outfall. 3. 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 O 2012 Stantec 1 193801490 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. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. 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. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $1,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. TEMPORARY EROSION AND SEDIMENT CONTROL © 2012 Stantec 1 193801490 015713-2 PART 2 PRODUCTS 2.01 TEMPORARY CONSTRUCTION ENTRANCE A. Woodchip Construction Entrance 1. Woodchips only. No chipped -up manufactured wood or chemically treated wood is allowed. 2. 80% of woodchips used for construction entrance must be between 2 inches and 5 inches. Bark and wood splinters less than 2 inches long shall not exceed 20 percent by mass of the material. 3. Filter fabric is not required under woodchips. 4. Minimum Thickness of Woodchips Placed: 18 inches. 5. Woodchips will be removed from adjacent roadways daily or more frequently as needed. 2.02 FLOATING SILT FENCE A. Conform to the requirements of MnDOT Spec. 3887, Moving Water. B. Curtain depth shall extend to the bottom of the water body. 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. 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. Temporary Construction Entrance 1. Install at location(s) shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minlmlze vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. D. Floating Silt Fence 1. Floating slit fence shall be installed in locations shown on the Drawings and according to the manufacturer's specifications. TEMPORARY EROSION AND SEDIMENT CONTROL C 2012 Stant- I ?43P??490 0157 13-3 a. Anchor and secure to prevent any material from passing beneath, over, around, or through the barrier. b. Provide sufficient slack to permit the curtain to rise to the maximum expected high water level, including wave action, without being overtopped and still be in continuous contact with the bottom. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re-establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, 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. 5. Temporary mulching and temporary seeding mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. 6. Floatation silt curtain shall remain in place until such time that water contained within is free from turgidity: a. The curtain shall be removed within 72 hours after this determination has been made. b. At the completion of the Project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N. 1. If an erosion control device has been reduced incapacity 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 1 193801490 015713-4 SECTION 01 70 00 EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A, Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 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. W11CMt'LIu11zVL1 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. S. Warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, Including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. © 2012 Stantec 1 193801490 EXECUTION REQUIREMENTS 017000-1 B. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97. A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www. revenue. state. mn.us, or via email at withholdin4.tax(&state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2012 Stantec 193801490 017000-2 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees. B. Related Sections 1. Section 32 93 00 — Trees, Shrubs, Perennials. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Debris Removal from Channel. Measurement will be by lump sum for clearing all fallen trees, limbs, branches or other debris from the channel as indicated in the plans and as directed by the Engineer. 2. A Bid Item has been provided for Remove Existing Tree, Dia. 6 in. or Greater. Measurement will be by physical count of each tree cleared having a diameter of six inches or more at a point 12 inches above the ground surface. Payment will constitute compensation in full for ail removal, disposal work, and costs. 3. A Bid Item has been provided for Tree Clearing for Dia. Less Than 6 in. Measurement will be by lump sum for all Project Clearing of trees and brush having diameters less than six inches, all dead fall and all invasive shrubs (buckthom, etc.) within the clearing zone as shown on the plan without regard to diameter. Payment will constitute compensation in full for all removal, disposal work, and costs, including trimming and treating of trees to remain as necessary and complete removal of stumps. Buckthorn sizes may be greater than 6 inches in diameter and will be paid under this bid item. 4. Tree Trimming/Pruning: This Work shall be considered incidental to other Work In the Contract. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 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 less than 1 foot 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. @ 2012 Stantec 1193801490 SITE CLEARING 31 1000-1 D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.05 SITE CONDITIONS A. Work consists of removing trees generally within the areas designated for tree removal. B. The Drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. D. All trees six inches in diameter, or greater, are to remain unless otherwise directed by Engineer. E. There may be equipment, retaining walls, fences, and other items on the property within the construction limits. Work shall be completed in such a fashion not to damage the existing items. 1.06 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS 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. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. Typically, grubbing is not required and the cut shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Grubbing is required for stumps located in the plug planting zone. When grubbing is required, remove brush, stumps, roots and other remains to a minimum depth of 6 inches below finished grade. © 2012 5tantec 1193801490 ,1 A� CoD - 2 D. All invasive shrub species removed within the clearing zone shall be treated with an appropriate herbicide. All European buckthorn and nonnative honeysuckles greater than one half (0.5) inch diameter at ground level shall be cut within 4 inches of the soil surface and cut stump surface treated within 15 minutes using a 20% solution of glyphosate (4 parts water, one part glyphosate concentrate), picloram (4 parts crop oil, 1 part ester (Garlon 4) concentrate), or equivalent as approved by Owner. Cut material will need to be removed from the clearing zone. Use of a water- based herbicide (such as Roundup or Garlon 3) shall occur when temperatures area above 32F to ensure herbicide uptake into roots. An ester formulation of picloram (Garlon 4) may be used when temperatures are below 32 degrees Fahrenheit. All other european buckthorn nonnative honeysuckle and other nonnative, invasive shrubs less then 0.5 inch diameter shall be treated with appropriate herbicide and with a seasonally appropriate method approved in writing by Owner. Potential methods for treating small nonnative brush may include foliar and/or basal stem treatment. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, prune trees that are to be saved but interfere with the proposed construction to a height of 10 feet. Paint all cuts with wound dressing, 3.04 STRIPPING A. Stripping is not required for this project. 3.05 DISPOSAL A. Dispose of all cleared material off site at an area selected by the Contractor. B. Disposal site should be a properly designated landfill area as determined. by appropriate governmental agencies or lands under direct control of the Contractor. C. On Site burial of any debris is not permitted. 3.06 BURNING 1. Burning will not be allowed. 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 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. 3. Install tree protection fence around each tree to be saved within the construction limits if heavy equipment is to be used. Tree protection fencing will be required at the access locations for the two riffles that will be constructed to protect the trees from heavy equipment. C. Exercise care to keep salvaged material as clean as possible during operations. END OF SECTION SITE CLEARING © 2012 Stantec 1193801490 31 1000-3 SECTION 31 25 00 RIFFLE DEVELOPMENT AND RIPRAP AT OUTFALL PARTY GENERAL 1.01 SUMMARY A. Section Includes 1. Installation of fieldstone for the development of riffles. B. Related Sections 1. Seddon 0157 13 -- Temporary Erosion and Sediment Control. 2. Section 3132 19 — Geosynthetic Soil Stabilization and Layer Separation, 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Boulders. These items are intended for the construction of the Riffles with Boulders from off-site. Measurement will be per each 18" or 24" Boulder furnished and installed as shown on the Drawings. Any excavation and disposal of existing soils required for the placement of the Boulders shall be indidental to this Bid Item. 2. A Bid Item has been provided for Class III Fieldstone. This item is intended for the Riffle and at the existing outfall. Measurement will be by cubic yard of material placed as shown on the Drawings. Any grading, excavation and disposal of existing soils required for the placement of the Fieldstone shall be incidental to this Bid Item. 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. 2511 — Rip Rap. 2. 3601— Rip Rap Material. 1.04 SUBMITTALS A. Submit Manufacturer's Certificate of Compliance for: 1. Rip Rap. 1.05 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the geotextile fabric. PART 2 PRODUCTS 2.01 MATERIALS A. General Requirement; Conform to MnDOT Spec. 2511. RIFFLE DEVELOPMENT AND RIPRAP AT OUTFALL c0 2012 Stantec 1193-901490 312500-1 B. Rip Rap Materials: Conform to MnDOT Spec. 3601 except as modified herein. 1. Boulders for riffle development shall be 24 and 18 -inches in size. 2. Material for riffles and at the outfall shall conform to Class III riprap. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Schedule for restoration of areas by be revised to fit field conditions. 3.02 PREPARATION A. Installation of geosynthetic materials shall conform to Section 3132 19. 3.03 INSTALLATION FOR SLOPE PROTECTION AT STORM SEWER OUTFALL. A. Conform to MnDOT Spec. 2511 and as described below. B. Subgrade Preparation 1. Prior to placement of fieldstone and geotextile, the subgrade surfaces shall be graded to a 2:1 slope as directed by the Engineer. 2. No fieldstone or geotextile shall be placed until the foundation preparation is completed and subgrade is inspected and approved by the Engineer. C. Placement 1. The contractor shall place the geotextile prior to placement of field stone. 2. The field stone shall be installed to the full course thickness in one operation and in such a manner as to avoid displacement of the underlaying subgrade. 3. The field stone shall be placed to a depth of 27 -inches. 3.04 INSTALLATION FOR RIFFLE DEVELOPMENT AND BOULDER DOWNSTREAM OF RIFFLE A. Placement 1. After placing the required floating silt fence, the Contractor shall begin installing the rock riffle. The Contractor shall continue with the riffle construction so that a maximum of five days is needed to install the entire riffle. 2. Boulders for riffles shall be placed to elevations shown on the plan. These elevations reflect the top of the boulders for the riffles. In some locations it will be necessary to subcut into the existing stream bottom to obtain the required elevation of the top of the rock. 3. Class III sized fieldstone shall be placed in location shown on the plans. These are located at the upstream and downstream side of the riffle boulders to hold the riffle boulders in place where they are not subcut into the slope to a depth of 18 inches or more. END OF SECTION RIFFLE DEVELOPMENT AND RIPRAP AT OUTFALL © 2012 Stantec 1193801490 312500-2 SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotext ie fabric used under riprap. B. Related Sections 1. Section 3125 00 — Riffle Development and Riprap at Outfall. 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. Al 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. PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type IV (non woven), except as modified below: 1. Materials: The fabric installed under the riprap 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: GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2012 Stantet 1431n 313219-1 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 Ught 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 (sec -1) ASTM D4491 1.5 Flow Rate ASTM D4491 95 Gal./Min./ft.Z 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/Grading., Conform to Section 3125 00. B. Subgrade Preparation: Conform to the requirements of Section 3125 00. Subgrade shall be toleranced and approved before geotextile placement. 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. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2012 Stantec 1 193801490 313219-2 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. Conform to Section 3125 00. E. Riprap shall be placed using methods that will not tear the fabric. C. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. END OF SECTION GEOSYNTHETIC SOIL STABIL17ATION AND LAYER SEPARATION © 2012 Stantec 1 1Q1Ant4a0 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. 2. Invasive species control, native planting and three years of vegetative maintenance for shoreline and adjacent areas. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 32 93 00 - Trees, Shrubs, and Perennials. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seeding. Measurement will be based on units of square yards for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, and all correlated activity. 2. A Bid Item has been provided for Bonded Fiber Matrix. Measurement will be based on units of square yards for bonded fiber matrix installed in place as specified, including all correlated activity. 3. A Bid Items has been provided for Restoration — Access Areas. Measurement will be Lump Sum for all work required to restore areas designated for access (outside of the grading limits as shown on the Drawings) to their original condition. This shall include, but is not limited to installing and preparing topsoil, preparation of seedbed, fertilizer, seed, sod, erosion control blanket, mulch or bonded fiber matrix, and all correlated activity. 4. Bid Items have been provided for Vegetative Maintenance, Year 1 and Vegetative Maintenance, Year 2 and 3. These bid items will be paid as a lump sum following satisfactory completion of maintenance for each year. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for seed to be used for this Project. TURF AND GRASSES © 2012 Stantec 11g1Rnlagn 329200-1 C. 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. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. The establishment period for 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: Topsoil Borrow Conforming to MnDOT Spec. 3877.2A. 2.02 FERTILIZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release complete 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 22-5-10 (NPK). D. Fertilizer shall include sulfur and iron (not less than 1 percent and not more than 8 percent added sulfur and iron). 2.03 SEED: Conform to MnDOT Spec. 3876. A. Wooded Disturbed Areas: State Mix 36-211. 1. To be used for areas adjacent to creek. B. MNDOT SPEC. 3876, Mixture 270. 1. To be used for access locations if disturbed. C. Temporary Spring Cover: MnDOT Mixture 110. D. Temporary Fall Cover: MnDOT Mixture 100. E. Temporary Mix: MnDOT Mixture 130. 2.04 HYDRAULIC SOIL STABILIZER (BONDED FIBER MATRIX): A. Conform to MnDOT Spec. 3884 Type 8 — Bonded Fiber Matrix. © 2012 Stantec 1 193801490 TURF AND GRASSES 329200-2 PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the 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. 3. During Delivery: Protect seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Topsoil Placement: Place topsoil to a depth of 6" in areas where the slope does not exceed 10:1. C. Soil Preparation: Conform to MnDOT Spec. 2575.38. 1. The Site shall be prepared by loosening topsoil to a minimum depth of 3 inches. D. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 200 lbs. per ace (4.6 lbs. per 1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. per 1,000 sq. ft.). 3.04 SOWING SEED (HYDROSEEDING) 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. 1. Hydroseed Application: Conform to MnDOT Spec. 2575.3.134 a. A fan -type nozzle should be used with approximately with approximately 500 gallons of water per acre to ensure even distribution C. Seeding Rates: As specified in the mixture tabulation for the specified mix: 1. State Mix 36-211: 34.5 lbs. per acre (61.1 Seeds per SF) 2. MNDOT Mix 270: 120 lbs. per acre © 2012 Stantec 1 193801490 TURF AND GRASSES 329200-3 D. Harrowing: The Site should be harrowed or raked following seeding. 3.05 HYDRAULIC SOIL STABILIZER A. Conform to MnDOT Spec. 2575.3.H18 —Type 8 —Bonded Fiber Matrix (BFM). B. Apply BFM after Hydro -Seeding operation is completed. 3.,06 MULCH: Conform to Section 0157 13. 3.07 MAINTENANCE A. All maintenance activities shall be coordinated with the Engineer. Notify the Engineer at least 48 hours before all maintenance activities commence. 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. Install warning signs to alert public of herbicide use. Remove signage once herbicided areas are safe to use again. E. Herbiciding shall be performed in accordance with manufacturer's recommendations and shall follow at least a 2 -hour dry period with no precipitation or dew, with temperatures above 55 degrees F and wind less than 3 miles per hour. F. For the Turf Seed Mix seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. G. Invasive Species Definition: For the purpose of this project, an invasive species is a plant that inhibits the establishment of species listed in materials and native seeding. Invasive species may include but are not limited to: quack grass, Canada thistle, ragweed, pigweed, bent grass, European buckthorn, glossy buckthorn, Tatarian honeysuckle, black locust, and spotted knapweed, reed canary grass, garlic mustard. H. The following maintenance is required for the area seeded with the Woodland Edge Mix and plug planting area. I. Year 1 I. The Owner shall be contacted to verify when year 1 maintenance activities are to begin. 2. Up to 2 mowing/cuttings will be required during the first year of establishment. Mowing or cutting of cover crop or invasive species to a height of 6 inches will be required. Vegetation will be cut when it exceeds 12 inches in height. 3. A minimum of 2 spot sprayings or hand pulling of invasive species will be required. Owner shall be consulted for proposed approach to remove invasive prior to treatment/removal. Written documentation of proposed to be used should be provided to Owner a minimum of 1 week prior to treatment. TURF AND GRASSES © 2012 Stantec 1193801490 329200-4 J. Year 2 and 3 1. A minimum of 2 site visits per year will be required for spot sprayings, hand pulling of invasive species or spot mowing, or other approaches to control invasive species. Owner shall be consulted for proposed approach to remove invasive prior to beatment/removal. Written documentation of proposed approach to be used should be provided to Owner a minimum of 1 week prior to work being completed. 3.08 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection Is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove reierted materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 4011W Jul tailill fs ► I TURF AND GRASSES p 2012 Stantec 1 1 a'Rm490 -329200-5 SECTION 32 93 OD 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, live stake installation, backfill, wrapping, staling, protection, watering, mulching, fertiliang, and maintenance. B. Related Sections 1. Section 0157 13 ° Temporary Erosion and Sediment Control. 2. Section 3110 00 Site Clearing. 3. Section 32 92 00 — Turf and Grasses. C. Measurement and Payment 1. A Bid Item has been provided for Potted Dogwood Shrubs. Measurement will be per each furnished and installed in accordance with the drawings. Payment at the Bid Unit Price shall be considered compensation in full for all Work, materials and casts necessary to complete the work as specified. Mulch around shrubs shall be incidental to the Bid Unit Price. 2. A Bid Item has been provided for Plug Plantings. Measurement will be per each furnished and installed In accordance with the drawings. Payment will constitute compensation in full for all work and costs to furnish and install material In place and includes up to 8 cubic yards of select topsoil borrow. 3. A Bid Item has been provided for Live Stakes. Measurement will be per each furnished and installed in accordance with the drawings. Payment will constitute compensation in full for all work and costs to furnish and install material in place. 4. A Bid Item has been provided for Category 4 — Erosion Control Blanket. Measurement shall be by square yards of material installed. Payment at the Bid Unit Price shall include all materials, installation and maintenance of the blanket as specified. 5. A Bid Item has been provided for Tree Revetment. Measurement will be based upon linear foot of tree revetment installed. All other items related to tree revetment installation are incidental to the project cost. 6. A Bid Item has been provided for 16" Fiber Log. Measurement will be based upon linear foot of Fiber Log installed. All other items related to Fiber Log installation are incidental to the project cost. 7. A Bid Item has been provided for Rodent Protection Fencing. Measurement will be based upon linear hoot of fence installed. Payment at the Bid Unit Price shall include all Work, materials and costs to install the fence as specified. 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. American National Standards Institute (ANSI) 1. ANSI Z60.1 - American Standard for Nursery Stock, O 2012 Stantec 1 193801490 TREES, SHRUBS, PERENNIALS 329300-1 1.03 DEFINITIONS A. Weeds (Invasive Species): For the purpose of this Project, a weed is a plant that inhibits the establishment of species listed in article PRODUCTS. Weeds may include, but are not limited to: Jimsonweed, quackgrass, morning glory, mustard, lambsquarter, chickweed, cress, crabgrass, Canada thistle, tansy ragwort, Bermuda grass, ragweed, pigweed, Johnson grass, bindweed, bentgrass, wild garlic, smooth brome grass, European buckthorn, glossy buckthorn, tatarian honeysuckle, black locust, and spotted knapweed, Siberian elm, and reed canary grass. B. Base Flow Elevation: For purposes of this section, it is the elevation of water in the stream at base flow conditions (Approximate Elevation 879.5). 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. B. Quality Assurance: 1. 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. 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. B. Protect established turf areas during planting operations. 1.07 SEQUENCING AND SCHEDULING A. Planting Seasons 1. Spring: May 15 to June 30 except Live Stakes must be installed while dormant (October 15 — November 15). 2. No Work shall be done until stream is at base flow conditions (approximately 879.5) or lower. 3. 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 QUALITY 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. TREES, SHRUBS, PERENNIALS © 2012 Stantec 1 193801490 329300-2 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's certified analysis. For other materials, provide analysls by a recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, whenever applicable. 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 Z60.1 "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. 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 fail 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 2 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. 3877.2B. B. Mulch 1. Conform to MnDOT Spec. 3882. 2. Use Type 6, shredded hardwood bark mulch, undyed. Contractor must verify that mulch is from a non -termite infested source. TREES, SHRUBS, PERENNIALS © 2012 Stantec 1 193801490 329300-3 C. Fertilizer 1. 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 slow- release water insoluble nitrogen. 3. Spring Planting: 8 percent nitrogen, 16 percent phosphoric acid, 8 percent potash. 4. Fall Planting: 10 percent nitrogen, 8 percent phosphoric acid, 6 percent potash, introduced the following spring. 5. No fertilizer to be used in areas of native seeding or plantings unless approved by Engineer. D. Erosion Control Blanket: Conform to MnDOT Spec. 3885.1. 1. Category 4 Blanket conforming to MnDOT 3885.2. A. E. Plant and Nursery Stock: Conform ANSI Z60.1 and MnDOT 2571.2A Nursery Plant Stock, MnDOT Spec. 3861 Plant Stock as modified in this Section. 1. Plants shall be first class examples of the species, variety, grade, size, age, and root type indicated in the Drawings or Specification. 2. Plants shall be from hardy nursery stock grown within 100 miles of the project site. 3. Plant stock shall not be pruned prior to delivery. 4. Remove all dead, rubbing, damaged, or diseased branches. 5. Root ball, root mass and container minimum diameters, depths and size ratios shall conform to ANSI 260.1. 6. Sizes indicated are the minimum acceptable sizes. Larger plants may be used subject to Engineer's approval at no change in the contract price. 7. Moist Planting Zone: a. Size: 84 plug flat tray size or larger. b.Materia I :is Planting 8. Mes g Zone: a. Size 84 plug flat tray size or larger. TREES, SHRUBS, PERENNIALS C 2012 Stantec 1 193801490 329300-4 Scientitc Name Common Name QtV GRASS pectbata Prairie Cordgrass 35 .patVna Calama rostrs canadensis Blue -Joint Grass 35 Carex !I inoidea Fox Sedge 35 Carex lu ulina Common Hop Sedge 35 El mus canadensis Canada wildrye 35 Grass Total 175 FORBS Anemone canadensis Canada Anemone 16 fgqatodum pef follatum Boneset 16 zizia aures Golden Alexander 15 Liatris cnostach a great blazing star 15 Lobelia si hilfta Blue Lobelia 16 Lobelia rardinalis Cardinal Flower 16 Post is h i iniana Obedient Plant 15 Asde ias incamata Swamp milkweed 16 Forb Total 125 TOTAL 300 :is Planting 8. Mes g Zone: a. Size 84 plug flat tray size or larger. TREES, SHRUBS, PERENNIALS C 2012 Stantec 1 193801490 329300-4 b. Material: FORBS Scientific Name I Common Name QtV A eradna altissima white snakeroot 20 RaYbida Innata Yellow Coneflower 20 Vida americana American vetch 20 A astache foeniculum Blue Hygisop 20 Aster macro h lus La a Leaved Aster 20 Tradescantia bradeata S iderwort 20 Salida o tlexicaulls Zig Zan Goldenrod 20 Farb Total 140 GRASS Bromus kalmia Kalm's brome 40 El mus canadensfs nodding wild nLe 40 Elyl nus hystf ix Bottlebrush grass 40 EI mus trach caulrs Slender wheatgrass 40 Grass Total 160 TOTAL 300 9. Shrubs Red osier dogwood (cornus sericea) - #2 pot. Live Stake 1. It is up to the Contractor to harvest the material needed for the live stakes. At least 50% of the live stakes shall be pussy willow (sali(dlscolor). The other 50% can be pussy willow (salix discolor) or sand bar willow (sal/x Interior). 2. Material Sizes and Preparation a. They must be harvested during the dormant season (typically Oct. 15 — December 1). b. All cuttings shall be 2 inches or more in diameter and at least 5 feet long. c. The shrub material shall have side branches cleanly removed and bark intact. d. The basal ends shall be cut at roughly a 45 degree angle. e. The top shall be cut square. f. The entire extent of the live stake material must be soaked for 24 hours prior to installation. Installation shall occur immediately after being removed from the water, G. Tree Revetment 1. Trees: freshly cut cedars 6 —10 feet long. 2. Earth Anchor: Aluminum duckbill anchor (minimum 1100 LB Capacity). 3. 3' by 1/8" galvanized wire cable. 4. Cable, Poly or nylon cord (minimum 1000 LB Capacity). H. Fiber Log 16 -inch diameter conform to MnDOT Spec. 3895. 1. Dead start stakes shall be 2 feet long, 2"X 4" studs of untreated cedar pine, oak, maple sawed on the diagonal as shown on the plan. A hole or a notch to hold 3/8" manila rope. 2. 3/8" manila rope. I. Rodent Protection Fencing: Snow fence or similar product and T posts approved by Designer to eliminate predation on the plantings. Snow fence color required to be green. J. Herbicide 1. Herbicide for upland buffer planting zone shall be a broad spectrum, non-selective herbicide that contains 53.8 percent glyphosate and 46.2 percent inert Ingredients. TREES, SHRUBS, PERENNIALS © 2012 Stantec 193801490 329300-5 2. Herbicide for woody invasive vegetation shall be 20 percent solution of glyphosate (4 parts water, one party glyphosate concentrate), picloram (4 parts crop oil, and 1 part ester (Garton 4) concentrate or equivalent) as approved by Owner's representative. 3. For approval of any other herbicides, submit product literature and proposed uses and application methods to the Engineer, at least 2 weeks in advance of use, for approval. Other herbicides shall not be used without written approval of Engineer. 2.02 ACCESSORIES A. Tree Wrapping: 2 -ply asphalt cemented crepe paper furnished in strips. B. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. C. Wire Ties and Guys: Minimum 12 gauge, twisted 2 strand, pliable galvanized steel. D. Plant Protectors for Guy Wires 1. Minimum 10 inches wide, 40 mil thick polyethylene or polypropylene, no rubber or plastic hose permitted. 2. Length: 16 inches long. E. Safety Flags for Guy Wires 1. Material: Fluorescent orange surveyor's plastic tape. 2. Length: Minimum 6 inches. F. 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 for approval based on the information provided by the product label and the manufacturer's recommendations. G. Water: Non -deleterious to plants or animals. H. Rodent Protection: Conform to MnDOT Spec. 2571.204. 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. Deliver stock after planting preparations have been completed and plant immediately. 3. 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. 4. 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. 5. 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 hulls 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: TREES, SHRUBS, PERENNIALS © 2012 Stantec 1193801490 329300-6 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 SITE PREPARATION A. Within the plug planting zone all herbaceous species shall be sprayed with a broad spectrum, non- selective herbicide (use water safe herbicide near water bodies). B. All invasive, nonnative shrub species within the buffer planting and invasive species removal zone shall be treated with an appropriate herbicide. All European buckthom and nonnative honeysuckles greater than one half (0.5) inch diameter at ground level shall be cut within 4 inches of the soil surface and cut stump surface treated within 15 minutes using a 20% solution of glyphosate (4 parts water, one part glyphosate concentrate), picloram (4 parts crop oil, 1 part ester (Garton 4) concentrate), or equivalent as approved by Owner. Cut material will need to be removed from the 40 foot wide invasive species removal zone. Use of a water-based herbicide (such as Roundup or Garlon 3) shall occur when temperatures area above 32F to ensure herbicide uptake into roots. An ester formulation of picloram (Carlon 4) may be used when temperatures are below 32 degrees Fahrenheit. All other european buckthorn nonnative honeysuckle and other nonnative, invasive shrubs less then 0.5 inch diameter shall be treated with appropriate herbicide and with a seasonally appropriate method approved in writing by Owner. Potential methods for treating small nonnative brush may include follar and/or basal stem treatment. 3.03 TREE AND SHRUB INSTALLATION A. Layout 1. Layout individual tree and shrub locations and 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. 6. Place and secure coconut fiber blanket to cover topsoil on shoreline, as described in manufacturer's directions. 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). 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 bail 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 TREES, SHRUBS, PERENNIALS © 2012 Stantec 193801490 329300-7 roto -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. Rototill 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 buriap, 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 Sol[ Mixture; then form earth saucers or water basins around isolated plants with topsoil. 2. Bare -Root Shrub 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. 3.04 BLANKET INSTALLATION A. Install Erosion Control Blanket in the locations shown on the plan. Conform to MnDOT Spec. 2575.3K2. Install prior to placement of Plugs. Place topsoil prior to Blanket installation to fill holes and cover roots in area of plug planting. TREES, SHRUBS, PERENNIALS 0 2012 Stantec 193801490 329300-8 3.05 PLANT PLUG INSTALLATION A. Layout 1. Place and space plants in accordance with plans and indicated dimensions. 2. Provide preliminary staling of plantings using stakes or paint. Mark the edge of any planting bed. Use relationship to Fiber Log as the primary factor in locating plants. 3. Do not start planting work until layout is approved by the Engineer. B. Planting Technique 1. Excavate a hole with a hand trowel or equivalent. Place plug in hole with soil level of pot level equal with finished grade and allow the plant to emerge from the hole. Remove plastic pots from roots and recycle. Peat pots are to remain in contact with root and planted in planting hole. 2. Level topsoil in planting area before installation of plant materials. After plant material installation, water bed area thoroughly as to settle all plants. 3. Contractor to verify all utility locations prior to any digging or transplanting. 3.06 WATERING PLANT PLUGS, SHRUBS AND TREES A. Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level within 5 days of Initial watering and saturate additional soil. D. Watering will occur as needed to ensure new plantings receive 1-2 inches of water per week. When feasible, watering will occur early in the morning and avoided from 12 P.M. to 5 P.M. 3.07 FIBER LOG INSTALLATION A. Place and install Fiber Log per the plan at elevations and location shown on the plan. 3.08 TREE REVETMENT A. Start at the upstream point and work downstream. Position the first tree tight against the bank with the butt end of the trunk upstream and low enough for the tree crown to rest on the bank toe. The butts of the upstream trees must be anchored very tightly and low against the bank to prevent them from breaking loose when flow hits them. B. Drive two anchors per tree. One anchor near the top end of the tree and one at the butt end of the tree near the trunk. Set each anchor. C. Thread a length of wrapping cable through each of the anchors cable attachment. D. Poly, nylon, or cable shall be wrapped at least one and one-half times around the tree and tied-off tight to the cable loop. E. Follow the process, overlapping trees by 25 percent of their length. F. Install live stakes within and above structures as shown on drawings. © 2012 Stantec 1193801490 TREES, SHRUBS, PERENNIALS 329300-9 3.09 MULCHING A. Mulch: For trees, provide not less than 4 inch thickness of mulch and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. For other plants, provide mulch depth as indicated on details. B. Mulch: For shrubs, 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. 3.10 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. B. Plantings 1. Rodent Protection Fencing: Per detail protective fencing shall be installed to protect the plantings from geese, muskrat, beaver and other animals that may cause predation on the plants. Protective fencing must be maintained by the contractor for the first two growing seasons and be removed between October and November. 3.11 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. 3.12 MAINTENANCE A. See Maintenance requirements is Section 32 92 00: Turf and Grasses B. Performance Standards 1. Performance standards at completion of installation and at the end of each year of maintenance period: a. Minimum 95 percent cover of planted species. b. < 5 percent invasive species. 2. Non -Compliance: a. In the areas greater than 2 square feet where inspected landscape work does not comply with the requirements, Contractor shall replant unhealthy plants with original species at original densities within 2 weeks of Engineer's notification. Rejected plants and material shall be removed promptly from the Site. C. Inspection, Acceptance and Warranty 1. Inspect project area after significant rain, snow, or wind storms to check for erosion and undermining. Any failure during the maintenance period shall be repaired immediately. If damage or washout occurs, re -install products as necessary. 0 2012 Stantec 1193801490 TREES, SHRUBS, PERENNIALS 329300-10 2. landscape work will be inspected for acceptance upon completion of all Work. 3. Engineer shall inspect work, and provide written acceptance of work. The establishment period and warranty will begin upon written acceptance. 4. All plants will have a 3 -year establishment and warranty period. 5. 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 TREES, SHRUBS, PERENNIALS cO 2012 Stantec 1 193801490 329300-11 I:\RFA\PUBWORKS\2016\909 Bass Creek Stabilization Request for Action July 25, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Title Resolution authorizing final payment to Sunram Construction, Inc. in the amount of $4,367.01 for the Bass Creek Stabilization project (improvement project No. 909). Requested Action Staff recommends that Council pass a resolution and authorize final payment for the Bass Creek Stabilization project to Sunram Construction, Inc. in the amount of $4,367.01. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The Council and staff discussed the proposed Bass Creek Stabilization project at the March 19, 2012 work session. A preliminary feasibility report was reviewed by the Council on May 14, 2012. Council authorized staff to present the preliminary feasibility report to the SCWMC’s technical advisory committee (TAC) for their review and comments, including suggestions on stream improvements and BMPs that could be incorporated in the project to improve the habitat for aquatic organisms in the creek. On May 24, 2012, staff presented the report to the TAC and solicited their comments and ideas with regards to improvements beyond stabilization of the creek. After reviewing the project, the TAC recommended the project and forwarded it to the SCWMC. Council approved the final feasibility report for the project and authorized the preparation of plans and specifications for the improvement on June 11, 2012, and the report was sent to the SCWMC for their review. The project was approved for the SCWMC’s CIP and for possible funding up to 25% of the project’s estimated cost. The feasibility report was used in the SCWMC’s public hearing process on September 13, 2012. Staff held an informational meeting on July 12, 2012 for the abutting property owners and received comments and questions. The city engineer prepared plans and specifications to complete the project and maintain the site for the first three years to establish the plantings. Council approved the plans and specifications, and authorized advertising for bids on July 23, 2012. The contract was awarded on September 10, 2012 to the low bidder Sunram Construction, Inc. for a total bid of $64,681.00. The project was constructed in the fall of 2012. The 3‐ year maintenance period is now complete and the plantings have been inspected and approved. The final construction amount is $64,730 which is $49 over the bid due to stabilization measures needed as a result of field conditions. Agenda Section Consent Item Number 6.5 Funding Funding for the project came from the city’s storm water fund. The SCWMC CIP may provide reimbursement of 25% of the total project cost. Attachments Resolution City Engineer memorandum Final Pay request City of New Hope Resolution No. 2016‐ Resolution authorizing final payment to Sunram Construction, Inc. in the amount of $4,367.01 for Bass Creek Stabilization (Improvement project No. 909) WHEREAS, the capital improvement program identifies activities to enhance the municipal stormwater system; and, WHEREAS, stabilization of creek beds and slopes will improve habitat for aquatic organisms, which will improve storm water quality and infrastructure life span; and, WHEREAS, staff and the city engineer, Stantec, have reviewed records and plantings by Sunram Construction, Inc. and find the contracted work acceptable and satisfactory, it is recommended Council authorize final payment to Sunram Construction, Inc. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council approves the final payment of $4,367.01 to Sunram Construction, Inc. 2. That the city manager is authorized to issue final payment to Sunram Construction, Inc. in the amount of $4,367.01 3. The funding source for the project is the storm water fund. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of July, 2016. Mayor Attest: City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 July 5, 2016 File: 193801490 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Bass Creek Stabilization – Final Payment City Project No.: 909 Dear Bob, Enclosed find the final pay request and the IC-134 forms for the above referenced project. The contractor, Sunram Construction, Inc., has completed this work in accordance with the contract plans and specifications, including the three year vegetative maintenance period; therefore, it is recommended that final payment of $4,367.01 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 $64,681.00. The contract included no change orders. The Final Construction Amount is $64,730.00, which is slightly more than the Original Contract Amount. This project had a $49.00 over run due to additional stabilization measures as a result of field conditions. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. c. Bernie Weber, Shawn Markham – New Hope; Adam Martinson, John Smyth, Kellie Schlegel – Stantec. Owner:Date:June 20, 2016 For Period: Request No:5/Final Contractor: CONTRACTOR'S REQUEST FOR PAYMENT BASS CREEK STABILIZATION STANTEC PROJECT NO. 193801490 CITY PROJECT NO. 909 SUMMARY 1 Original Contract Amount $64,681.00 2 Change Order - Addition $0.00 3 Change Order - Deduction $0.00 4 Revised Contract Amount $64,681.00 5 Value Completed to Date $64,730.00 6 Material on Hand $0.00 7 Amount Earned $64,730.00 8 Less Retainage 0%$0.00 9 Subtotal $64,730.00 10 Less Amount Paid Previously $60,362.99 11 Liquidated damages -$0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.5/Final $4,367.01 Recommended for Approval by: STANTEC Approved by Contractor:Approved by Owner: Specified Contract Completion Date:Date: Sunram Construction, Inc., 20010 75th Ave. N., Corcoran, MN 55340 City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 10/21/2014 to 6/20/2016 SUNRAM CONSTRUCTION, INC.CITY OF NEW HOPE 193801490REQ5Final.xlsm Contract Unit Current Quantity Amount No.Item Unit Quantity Price Quantity to Date to Date BASE QUOTE: 1 MOBILIZATION LS 1 $2,450.15 0.1 1 $2,450.15 2 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $1,700.00 1 $1,700.00 3 DEBRIS REMOVAL FROM CHANNEL LS 1 $3,650.00 1 $3,650.00 4 REMOVE EXISTING TREE, DIA. 6 IN. OR GREATER EA 10 $367.00 10 $3,670.00 5 TREE CLEARING FOR DIA. LESS THAN 6 IN.LS 1 $11,600.00 1 $11,600.00 6 FLOATING SILT FENCE LF 55 $12.00 50 $600.00 7 RODENT PROTECTION FENCING LF 430 $5.75 270 $1,552.50 8 16" FIBER LOG LF 215 $33.00 215 $7,095.00 9 CATEGORY 4 - EROSION CONTROL BANKET SY 165 $2.10 165 $346.50 10 PLUG PLANTINGS EA 600 $2.60 600 $1,560.00 11 POTTED DOGWOOD SHRUBS EA 126 $26.80 126 $3,376.80 12 LIVE STAKES EA 187 $7.35 327 $2,403.45 13 TREE REVETMENT LF 370 $24.50 370 $9,065.00 14 SEEDING SY 660 $1.25 660 $825.00 15 BONDED FIBER MATRIX SY 660 $1.41 660 $930.60 16 18" DIA. BOULDER RIFFLE EA 60 $78.00 60 $4,680.00 17 24" DIA. BOULDER RIFFLE EA 45 $81.00 45 $3,645.00 18 CLASS III FIELD STONE CY 9.5 $130.00 9.5 $1,235.00 19 GEOTEXTILE - TYPE IV SY 10 $25.00 10 $250.00 20 VEGETATIVE MAINTENANCE, YEAR 1 LS 1 $1,260.00 1 $1,260.00 21 VEGETATIVE MAINTENANCE, YEAR 2 AND 3 LS 1 $1,890.00 0.5 1 $1,890.00 22 RESTORATION - ACCESS AREAS LS 1 $945.00 1 $945.00 TOTAL BASE QUOTE:$64,730.00 TOTAL BASE QUOTE:$64,730.00 TOTAL WORK COMPLETED TO DATE $64,730.00 193801490REQ5Final.xlsm PROJECT PAYMENT STATUS OWNER CONTRACTOR CHANGE ORDERS No.Date Description Amount Total Change Orders PAYMENT SUMMARY No.From To Payment Retainage Completed 1 11/01/2012 01/04/2013 2 01/05/2013 07/15/2013 3 07/16/2013 12/05/2013 4 12/06/2013 10/20/2014 5/Final 10/21/2014 06/20/2016 Material on Hand Total Payment to Date Original Contract $64,681.00 Retainage Pay No.5/Final Change Orders Total Amount Earned Revised Contract $64,681.00 62,349.97 CITY OF NEW HOPE SUNRAM CONSTRUCTION, INC. STANTEC PROJECT NO. 193801490 CITY PROJECT NO. 909 51,870.64 2,730.03 54,600.67 6,164.83 3,054.50 61,089.97 1,197.00 3,117.50 $64,729.99 64,730.004,367.01 1,130.51 3,177.00 63,539.99 $64,729.99 193801490REQ5Final.xlsm Page 1 of 1 P21'80 )4q0 M[NNESO rA•REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-792-D49-218 Submitted Date and Time: 9 -Nov -2015 10:10:01 AM Legal Name: SUNRAM CONSTRUCTION INC Federal Employer ID: 41-1728948 User Who Submitted: Sunram Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 1616592896 1870470 CITY OF NEW HOPE 909 16 -Oct -2012 31 -Oct -2015 BASS CREEK STABILIZATION $64,730.00 Subcontractor Summary Name ID Affidavit Number RELIABLE TREE SERVICE INC 2967276 1541636096 PRAIRIE RESTORATIONS INC 5072173 1074216960 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (tall -tree) 800.657-3594, or (email) withholding tax@state.mn.us. Business hours are 8:00 a on - 4:30 p m. Monday - Friday. Please;r ' ., , for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/b-/ymk271 Q_HmsDdhdWubHH... 11/9/2015 Page 1 of 1 MINNGSOYA• RI:VLNUL Contractor Affidavit Completed Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Dale and Time: Legal Name: Federal Employer to: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Pmjact Owner: Project Number: Project Begin Date: Project End Dale: Project Location: Project Amount Subcontractors: 2-004.107-320 6 -Nov -2015 2:00:14 PM PRAIRIE RESTORATIONS INC 41.1292279 Pralde4342 Contractor Affidavit 1074218860 $072173 CITY OF NEW HOPE 111 16-Ocl-2012 31-Oc1-2015 NEW HOPE MN $21,830.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us It you need fur mer assistance, conrao our tumholdtng Tax Division at est -21V Mfl, (loll-dree) 8004157.3594, of (email) wdnhn4Lrg.ta•�a�stah> mn.us. Business hovis wo 8:00 a.m. - 4:30 p.m mouony rnuay. Please r + p, o,: for your records using the print or save functionality built into your browser. hups://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/b-/Jv601cVb 5bf9BI3CYuyzA_... 11/6/2015 06/18/2014 17:31 7636911467 RELIABLE TREE PAGE 03/03 page 1 of 1 MINNESOTA, REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0.058-749-568 Submitted Date and Time: 18 -Jan -2014 5:21:10 PM Legal Name: RELIABLE TREE SRVC INC Federal Employer ID: 41.1671547 User Who Submitted: Reliablelree Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1541636096 Account Number: 2967276 Project Owner. CITY OF NEW HOPE Project Number: C-12-030 Project Begin Date: 22 -Oct -2012 Project End Date: 09 -Nov -2012 Project Location: BASS CREEK STABILIZATION -NEW HOPE, MN Project Amount: $17,750.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us Ifyou need tbrther assistance, contact our Withholding Tax Division at (Metro Area) 651.282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (mail) Withholding.tax@state.mmus. Business hours are 8:00 &in. - 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. Please3rini rhi, : ne irmuu ;n p.u;c for your records using the print or save functionality built into your browser. https:llwww.mador.state.mn.usAp/escrvices/_/Rctrievc/OAOLYe47Fl.LE_=Print2 6/18/2014