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IP #922COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Parks and Recreation April 22, 2013 Development and Planning Item No. By: Susan Rader, P&R Director By: Kirk McDonald, City Manager 8.1 Motion to authorize preparation of plans and specifications for playground improvements at Terra Linda Park (improvement project no. 9 Requested Action Staff is recommending that the City Council authorize the city engineer to prepare plans and specifications for improvements to the playground at Terra Linda Park, located at 2701 Lamphere Drive (project #921). It is anticipated that work would begin toward the end of the summer and be completed by late fall. Background The playground equipment at Terra Linda Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. Recently a mailing was sent to area residents to alert them to the possible project and to gather some initial information on what they would like to see done at their park. Staff is very interested in locating the new playground container and equipment closer to the middle or northern part of the park. Currently, a sanitary lift station is located in the southwest corner of the park right next to the current playground structure. Due to the unpleasant odors, this location for a playground has drawn criticism over the years. Following an order of events similar to the projects at Lions Park and Civic Center Park, a committee made up of staff, residents and CAC commissioners would work with the city engineer to develop plans that would meet the park needs. These plans and specs would be shared with playground vendors with the request that they create their best plan and present it to the committee and area residents for their consideration. Following the presentation of plans, the committee members and residents would be given the opportunity to give input regarding the plan that they would most like to see implemented. Staff would then bring the plan forward for Council approval. MOTION BY f��( (�� Z SECOND BY T0: IA RFA\P&R\ PARKS\ 2013\Q-921 Terra Linda Playground Authorize Plan and Spec. d00X Request for action April 22, 2013 Page 2 As mentioned at the CIP discussion in March 2013, staff is interested in moving toward using a playground vendor who has a program to refurbish equipment. In the long-term, this should enable staff to update a playground by replacing a few key pieces of equipment at a more economical price than replacing the entire playground structure and container. Funding This project is included in the 2013 CIP and the 2013 Park Infrastructure budget as shared with the Council during 2013 CIP planning meetings. Total cost of the project at this point is estimated to be $150,000. Funding is available in the Park Infrastructure bund which is levy funded each year. Attachments 2013 CIP list Map of Terra Linda Park Copy of resident mailing L•\RFAkP&R\PARKS\20131Q-921 Terra Linda Playground Authorize Plan and $pec.docX *Costs In thousands Public Works Budgets Parks Budgets City of New Hope 2013 Ca hat Im rovatnert Program Fire Dept. Funding Sources: Pr'ectDescription Project Year Project Cost' Staff Pfkari&Mn Comments IMSA Main F !no Sources' Sir Infrai Waterl Sewer Storm TIF CenGar WS I Loan I Assess Fire Dea Park Funds Ice Arena Golf Course Funding Total 2013 street Infrastructure 2013 7,350 hiph St. Management Pian 4000 887 270 210 715 9035 233 735D Cily Centei Redevelopment --21)l 610 hboh CI 'li is Work 810 810 CanterPolnt- Winnatka 2013 90 high Q's Willies Work 5 253D 90 Rain Gorden Restoration 2013 5 high Water ouslikv 5 5 21313 Seal Coat 2013Z200fiinh St. Mana ement Plan 200 200 Reline sewer i es 2013 Annual 161 ct 200200 Storm Water Proect 2013R uired TMDL roects 100 100 PW Gare a Door 2013Re lace overhead door 6 6 PW Gare a Headn Unita 2013Cleaning of heating units 3 3 PW Garage Repair Sligp, 20131 8 hich Hlah Pressure FiWnci Machine I 0 HVAC Roof Unit 2013 15 N h Heating & Air 15 16 PW Office Roof 2013 150 high Based on frequency of leaks 150 150 Fire Station Sidewalk -Parking Lot 2013 36 Replace frontsidewalk and small P2.+Ing lot 36 36 Pool mist equipment 2013 10 low only If needed 10 10 Pool subsidy 2013 40 hkt 40 40 Pool fenlace portions decking 2013 15 low Carry over from 2012 15 15 Pool replace sun shaft nidwitd Screens Pool shade umbrellas 20131 2013 2013 8 101 C high medium madium Carry over from 21112 Moved to 2016 81 I 0 8 1D D Shallow Pool Water fleeter 2013 18 high Added In place of mala pcof 18 10 Parks Bucklhom removal 2013 5 high 5 5 Parks Hard courls/playground n 2013 12 medium repair as needed 12 12 Parks landscape improvements Fred Sims 2013 25 med urn Carry over from 2012 P3 25 Park Play equipment pmpicts 2013 Ai h h Tera Lmds dates track to 111Jo 150 150 IA north scoreboard 2013 35 medium only if needed 35 35 IA security system 2013 17 medium Improve secutity 17 17 Irl outside sin 2015 45 marSurrh original from 1975 45 45 GC Fairway unit mower 2013 40 hig, Existing purchased in 1996 40 40 GC To dresser 2013 io me do not own one - petting harder to borrow 10 10 GC Clubhouse car et 2013 B medium orlIncl 12+ years old 8 8 GO utility vehicle cushmar. 2013 16 high Existing purchased in 18 1s Rec,Scholarsh, 2013 6 hm as needed 6 6 TOTAL 9,245 4000 1087305 435 650 610 182 D 11135 233 38 352 52 88 9245 *Costs In thousands Public Works Budgets Parks Budgets Fire Dept. Funding Sources: MSA MN/DOT State Aid Str Wra Tax levy - street Infrastructure W & S Water and sewer utility fund Water Water Fund Sewer Sanitary Sewer Fund Storm Storm water fund TIF Tax Increment financing CenGar Central Garage fund - intennal service fund WS Watershed commissions Grants Grants from arty source Other includes developmentfunds, County funds, JWC, Federal funds, EDA File De Fire Department Budget Park Ft; Includes park Infrastructure, park dedication, liquor reserve funds 4117/2013 8,737 472 36 Hennepin County Property Interactive Map Interactive Maps Welcome Results Links Tax Information View ohliaWe imaggry (Bing maps) Survey DopUrnents Find a PID or an address on the map PID: 2011821330125 86 Address Unassigned New Hope, MN 00000 Owner/Taxpayer Owner: City Of New Hope CITY OF NEW HOPE 4401 XYLON AVE N Taxpayer: NEW HOPE MN 55428 Tax District School 281 Dist: Sewer 01 Dist: Watershed 7 Dist: Intc2And 3Rik 4 Legend Measure Page 1 of 1 i http://gis.co.hennepin.mn.us/property/map/default.aspx.9pid=2111821330018 4/16/2013 N Parcel Parcel 1.15 acres Area: 50,264 sq ft Torrens/Abstract: Torrens Lampheres Terra Addition: Linda Lot: Block: Intc2And 3Rik 4 Legend Measure Page 1 of 1 i http://gis.co.hennepin.mn.us/property/map/default.aspx.9pid=2111821330018 4/16/2013 N CITY OF NEW HOPE 2013 TERRA LINDA PARK PLAYGROUND REPLACEMENT AND PARK IMPROVEMENT PROJECT The City of New Hope is looking to replace the playground equipment at Terra Linda Park later this summer. The current plans are to remove the existing playground equipment and place the new playground equipment in a more centralized location within the park. Based upon feedback already received from some residents, we intend to move the equipment to a more visible location for safety reasons as well to distance the play equipment from the Met Councils sanitary sewer collection building. We will likely remove the baseball/softball backstop as part of the project and are considering the removal of the basketball court due to structural asphalt deficiencies as well as comments received by residents who indicated that the basketball court no longer fits the needs of New Hope residents in the surrounding neighborhood. As we move forward with this project we would like feedback from the New Hope residents who utilize the park. We also are inviting any residents, who are interested, to work with staff to help decide what type of playground equipment should be installed. Feedback from residents is vital to a successful project as we want to produce a final product that residents will appreciate, make use of and take pride in. We encourage you to fill out the attached form and send it back to us so we may begin the planning stages of the project. Thank you for your cooperation. i would like to participate on a panel to help select the playground equipment: YES NO Comments related to the playground equipment: I would like to see the baseball/softball backstop removed as part of the improvement project: YES NO Comments related to the baseball/softball field: would like to see the basketball court removed as part of the improvement project: YES NO Comments related to the basketball court: ADDRESS PHONE NUMBER If Interested please fill out the form and mail to: New Hope Public Works Attn: Shawn Markham 5500 International Parkway New Hope, MN 55429 or Fax to: (763)592-6777 or Email to: smarkham@ci.new-hope.mn.us COUNCII REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Parks and Recreation July 22, 2013 Planning & Devel-opment Item No. By: Susan Rader, P&R Director By: Kirk McDonald, City Manager 8.3 Resolution authorizing advertisement for quotes for Terra Linda Park site work (improvement project no. 922) Requested Action Staff recommends that the City Council authorize advertisement of quotes for the site work portion of the playground improvements at Terra Linda Park, located at 2701 Lamphere Drive (project 922). On April 22, 2013 the City Council authorized the preparation of plans and specifications. At the Council Meeting on August 12, 2013 staff plans to bring forward the playground equipment plan and quotes for the site work for final Council approval. It is anticipated that work would be completed in the fall. Background The playground equipment at Terra Linda Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. Earlier this summer, a mailing was sent to area residents to alert them to the project and to gather some initial information on what they would like to see done at their park. Staff was interested in locating the new playground container and equipment closer to the middle or northern part of the park and wanted buy -in from the neighborhood. Currently, a sanitary lift station is located in the southwest corner of the park right next to the existing playground structure. Due to the unpleasant odors, this location for a playground has drawn criticism over the years. Staff and the city engineer have worked with a representative from Flagship Recreation (Landscape Structures) to develop two basic plans that would work well in the designated area of the park and stay within the budget. On July 17, 2013, these plans were presented to the area residents for their consideration at a meeting with staff and the city engineer. Following the presentation of plans, the residents were given the MOTION BY SECOND BY TO: 12LJ 1:IRFAIP&R\PARKS\20131Q-922 Terra Linda Playground Authorize Quotes for Site Work.docx Request for action July 23, 2012 Page 2 opportunity to give input regarding the plan that they would most like to see implemented along with any minor modifications. Based on the discussion, the Flagship Recreation representative will be making the necessary changes to the most popular plan. Staff will bring the plan forward for Council approval in August. As mentioned at the CIP discussion in March 2013, staff is moving toward using a playground vendor who has a program to refurbish equipment and Landscape Structures meets this criteria. In the long-term, this should enable staff to update a playground by replacing a few key pieces of equipment at a more economical price than replacing the entire playground structure and container. Funding This project is included in the 2013 CIP and the 2013 Park Infrastructure budget as shared with the Council during 2013 CIP planning meetings. Total cost of the project at this point is estimated to be $150,000. Funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments Letter and quote set from Stantec 2013 Park Infrastructure CIP listing L•\RFA\P&R\PARK5\20131Q-922 Terra Linda Playground Authorize Quotes for Ste Work.docx City of New Hope Resolution No. 13-149 Resolution authorizing advertisement for quotes for Terra Linda Park site work (improvement project no. 922) WHEREAS, the city requires the assistance of a contractor in completing playground site work improvements to Terra Linda Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the request for quotes for construction of the Civic Center Park playground site improvement project will be sent to several local companies; and, NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota authorize advertisement for quotes for the playground site work improvements at Terra Linda Park. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of July 22, 2013. Mayor Attest: City CIerk I:\RFAIP&R\PARKS\2013\Resolution for 922 Terra Linda Playground Authorize Quotes for Site Work.docX 'Casts In thousands Public Works Budgets Parks Budgets Fire Dept. City of New Hope 2013 Capital Improvement Program Emil n—q Sources; Pr act Descri 'on Project Year Project Cost" Staff Prlarltlzatlon Comments Main Funding Sources MSA lStr InfrE Waterl Sewer I Storm TIF CenGar WS Loan Assess Fire D t Park Funds Ice Arena Golfll Funding Total 2013 Street Infrastructure 2013 7 350 hi St. Management Plan 4000 887 270 210 715 1035 233 73W City Center Redevelopment 2013 610 hill City's Utilities Work 61D 610 CenterPolm- Wirral 2013 90 high ClWs Utilities Work 35 25 30 9D Rain Garden Restoration 2013 5 high Water quality 5 5 2013 Sear Coat 2013 200 high SL Management Plan 2D0 20D Reline sewer pipes 2013 200 high Annual I&I Prallect 2001 20D Storm Water Project 2013 100 high Re uired TMDL projects 100 100 PW Garage Door 2013 6 medium Replace overhead door 6 6 PW Garage Heating Units 2013 31 high Cleaning of heating units 3 3 PW Garage Repair Shop 2013 8 hich Hich Pressure Fitting Machine a 8 HVAC Roof Unit 2013 15 hl h Heating & Air 15 15 PW Office Raaf 2013 150 hi h Based on frequency of leaks 1501 1 150 Fire Station Sidewalk -Parking Lot 2013 36 Replace from sidewalk and small parking lot 36 36 Pool mist equipment 2013 10 low only If needed 10 10 Pool subsidy 2013 40 hi h 1 1 40 40 Pool replace portions decking 2013 15 ktw Carry over from 2012 15 15 Pool replace sun shaltershalnd screens 2013 B high CaEX aver from 2012 1 8 B Pool shade umbrellas 2013 10 medium 10 10 Pool Main psol W -10F heal 2013 0 medium Moved to 2016 0 0 Shallow Pool Water Heater Parks Buckthorn removal Parks Hard courtsiplayground Parks landscape improvements Fred Sims 2013 _ 2D13 _ 2013 2013 18 5 12 25 high_ _ _high medium medium Added in place of marl _ - repair as needed I Can over from 2012 _ -_ _ _ _ 1B _ _ _ 5 12 25 18 5 12 25 Park Play equipment projects 2013 150 hiah Terra Linda dates back to 1990 15D 150 IA north scoreboard 2013 35 medium only If needed 35 35 [4 security system 2013 17 ml Improve sec 17 17 [A outside sign 2013 45 medium original from 1975 _ _ 45 45 GC Fairway unit mower 2013 40 high Existing purchased in 1995 40 40 GC ToPdresser 2013 10 high do not own one - getting herder to borrow 10 10 GC Clubhouse carpet 2013 8 medium original, 12+ years old B 8 GC utility vehicle cushman 2013 18 high Existing purchased In 1996 18 18 Rec Scholarships 2013 6 high as needed 6 6 TOTAL1 9.2451 2331 361 3U1 52 88 9245 'Casts In thousands Public Works Budgets Parks Budgets Fire Dept. Emil n—q Sources; MSA MNIDOT State Aid Sir Infra Tax levy - street infrastructure W & S Water and sewer utility fund Water Water Fund Sewer Sanitary Sewer Fund Storm Storm water fund TIF Tax increment financing Carl Central Garage fund - internal service fund WS Watershed commissions Grants Grants from any source Other Includes developmemfunda, County funds, J WC, Federal funds, EDA Film Del Fire Department Budget Park FL Includes park infrastructure, park dedication, liquor reserve funds 7117/2013 8,737 472 36 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 .rte r Fax: (651) 636-1311 July 22, 2013 Susan Rader City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Terra Linda Park and Playground Improvements — Approve Plans and Specifications Client Project No.: 922 Stantec Project No.: 193801952 Dear Susan: The plans and specifications for the site improvements at the Terra Linda Park and Playground Improvements have been prepared and are ready to review. The anticipated total construction costs are approximately $70,000 for site improvements. Project removals include bituminous trail areas, underdrain for the existing playground, and storm sewer structures and connections. Construction work generally includes a new play container curb, ramp, underdrain, sub base, play surface, concrete walk and ramp, new storm sewer infrastructure, site grading, turf seeding and a 6' bench. Provision and installation of playground equipment and engineered wood fiber mulch is not a part of this contract, but will be completed separately and coordinated with the site work listed here. In order to arrive as closely as possible at the target budget, this project has two alternates. Each alternate adds play equipment and corresponding play container area and one additional bench. Alternate 1 is approximately $13,000 and Alternate 2 is approximately $16,000. If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the July 22nd Council meeting. Quotes could then be sent out on July 23rd, received on August 6'h, and brought back to Council for review at the August 12'" meeting. The work under this contract would be completed in the fall of 2013. The 8 sheet construction drawing set is included in the Council packet. The complete construction documents are available at City Hall for review. Stantec If you have any questions or require further information please call me at (651) 967-4534. Sincerely, STANTEC /Ox4�-41 Kate M. Lamers, P.L.A. Landscape Architect Attachments: Construction Drawings — 8 sheets Construction Quote Form Cc: John Blaisak, Steve Ellingson — New Hope; Chris Long — Stantec. fQQQQQQ■ � 0 50 i3�1 N Limit of War - TURF SEED IN OPENFIELD AnRNATE AREAS EXEs11PIG %OFFER AND TREES TO BE PRESERVED SEED F:.°A15 KAY CON- I s� �T.11� tEP I 1 Q _ ` •" EXISTING • STING COURT +TRANSFER O I STATION a MEDICINE LAKE ft NOTES4�F v 1 i s .. tug QUEBEC AVE N PROPOSED PLAN' COhA IKER *W CONCRETE WAtKV „ ANLL RED RAMP ACrrRSiwF ROUTE BENr!" [AITERNAM EXWNG MPJ MLNG WOR 1 Play equipment to rnclud® to auduia for children age 2 5 and chllo-ev age 5 -12 2 Play contaiw surface to be engineered wood fiber mulch manufacit OU Far playground Use 3 Swings and satellite equipment veith additional emnpIner spoor and twneh a4prnsiios bs be arl'ded If budget allows 4 Multi-purpoae open Field to gemerolly be Idt q 5 Grading and amrm sewer worts remoam griR;ii v catch basins from hp* �` Terre Linda Park 4 Rantec flew Hope, Minnesota ... W IL Limit of War - TURF SEED IN OPENFIELD AnRNATE AREAS EXEs11PIG %OFFER AND TREES TO BE PRESERVED SEED F:.°A15 KAY CON- I s� �T.11� tEP I 1 Q _ ` •" EXISTING • STING COURT +TRANSFER O I STATION a MEDICINE LAKE ft NOTES4�F v 1 i s .. tug QUEBEC AVE N PROPOSED PLAN' COhA IKER *W CONCRETE WAtKV „ ANLL RED RAMP ACrrRSiwF ROUTE BENr!" [AITERNAM EXWNG MPJ MLNG WOR 1 Play equipment to rnclud® to auduia for children age 2 5 and chllo-ev age 5 -12 2 Play contaiw surface to be engineered wood fiber mulch manufacit OU Far playground Use 3 Swings and satellite equipment veith additional emnpIner spoor and twneh a4prnsiios bs be arl'ded If budget allows 4 Multi-purpoae open Field to gemerolly be Idt q 5 Grading and amrm sewer worts remoam griR;ii v catch basins from hp* �` Terre Linda Park 4 Rantec flew Hope, Minnesota MY iuu PROJECT LOCATION e�mc�me�on� M YlERAIF/C unulr >t/OR.wrIOx Ox r1s FFIM s fFFUIM m ew. r+n Swam tan xw RnwFn�R Accvme ro M Ol'GY6 M CNS W -0t OITIIIfd STWLMRC W WGl6 NR M muecnox wa rrsFcrroxw ooErxaa�urAaulamre>L ura[.91RYEYlF6 reatE GAIXRN WILILY FxnFI�, sioF AS uAa e - ne � as swaKx amxnsax rmuPSs m FwoarAaxo unFFF� un xoxr�Fn rmFmr v 1 A M M O xWWB1Rx.'IM RIE®W vm� B IBIB1WfIL AV 4614.:1 AG41xiY p YILOhPo41E1 Wlllm. K 11lL K M 11YS SQE 0410111CA. MV941L A16 OTB! a.wxcie�alFa ®VICINITY MAP P UW ip4 SW Y�J v.qRa CITY OF NEW HOPE TERRA LINDA PARK & PLAYGROUND IMPROVEMENTS PLAYGROUND AND SITE IMPROVEMENTS CITY PROJECT NUMBER #922 KATHIHEMKEN JOHN ELDER ANDY HOFFE ERIC LAMMLE DANIEL STAUNER KIRK MtDONALD SUSAN RADAR STEVE SONDRAL STEVE ELIINGSON JOHN BLASIAK 2013 SHEETINDOC mm rme SHFET m06 mFoimorF 1 EROSION osnFST�IrFFff FooFaForF CLaI SAE i1TNSrIES MV06PADUIG CULLcm FRARS CLAS Fim DEW DETAILS rA,p+ ol7NL5 e-9NFEl5 Toru MAYOR COUNCB-MEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY MANAGER PARKS & RECREATION DIRECTOR CITY ATTORNEY ATHLE71C DIRECTOR PUBLIC WORKS mmp� F- 013i M .mxFEe�Fe s F Epp 2 R' E u7O a Z 0 mi Z s$ II.. 0 a U z z G0.00 2.GENERRLONFX4CMRTOCOORMNATEPRWECrBDMXPJW�GROING, PN= AND OTHER PERTINWOWnummN EuEmEwmwrrmTEmRAummRwWAy MRPMENT AND WMEMM WOOD FIBER JNISTAUATMK WHICH WILL It COMPUITED AS ARAWATEPOMECTANDCONTRACr. -A ARCHITACTFOR INFORMATION ABOUT THF PLAY WPM0NT WMIATION. SEE SPECIFICATIONS PORMJU.D1SCRIP17ONCf COORDIMURIN REWCHEMITIESIAND RELATED PRDIECM Z VQ177NUMILITIES ASSHOWN 0141HE DRAWINGSARESHOINN IN AGENERAL WAY AM MY HOT BE RMaTOTHEIRLOCAT[ft SHCWNONTHEDRAWING& PRIOR TO ANY CONSTRUCTION, THE COMMACIOR STALL CALL GOPHER STATEONECKLATGSI454-WO FOR EXACTIOCITrICHISANDRED YEIUFT'THE MaSTENCE AND LOCATION OF ALL ]mLITIESPRIORT00INVOONSTRUCT]ON ACMME&------- 3MSIftbNw3fiW 3. THE CONTRACROR M RESPONSIBLE FOR VERIFYING THE COMfTwm Of THEME. nECOMACTMRKLD�MY�H�FNf;MWMOMWMGUE9 OF ANY DESCREPAINCIES OR VARIAMONS FROM THE ORAINUMS. StP.411115MU Pb; SM01-63546M 4. ALL EROSIONON� CTROL MS SHALL BE IN RACE PRIM 70 &W REPFGVAL� OR G� WALK AND SHAIL BE MAINTAINED UNTIL � TURI, ON, GROUNDCOLVt KOS F-�njj SEEN AS DETERMINED BY THE 01 S. THE PRO)ECTS11TESIML. BE KEPT AS HUARD FRUS AS POSERE. THE COWMACTOR SHALL PAXIdIbECONSMUCTMN FENCING AS NECEZARYAM WALLM47A DIM PROM THE SITE DAILY. PRO LBUfOPWORKISSHOWPIONTHEORAWBAL RMMKFIMORUPJWZMBWOFARYfNMWMMWUFILMESCROMMrABMrMEOFTIE I 611�01:11 . I PROHICTUMMTHIT E 0�0 QUEM TWECONTPACrOitl ACM OR Ng� � BEATTMECCINTIUmm EVeNSIE DEIIIlf NO AC�fARAlry Or f. THE RESTORATION Olt "PLACEMENT SHALL BE DETERPGYEDfff7HEI3ZINEB"MWAK ARCKITBCT. I EES PAWED 7. PROTECT OftTINGTREES. USE SRT FENCE M INSTALL Ofl� NEW FENCIM, 4- HW!7OUTS1UfWTHE�OF AULTR ASA BYTHE op ENSINEER/UNDSCAFEARUCTECT. WITHIN THE PROTSCTEDAREA, Do NOT PERFORM ANY AcTIMS;Tmar FwvHMNtM THETPEEANDCOMRACT THE SOIL, DICU1131017, i BUT MATERIMA"ApoinGPnOTRAFFIC DUUNGCOWrRWTICXL�CMfiTMJCTMAKUrRESMRMNCEWffMINE ROCT TAU RODISTHATMUSTSE REMONEDCURROMCLISNALYASFARFROMIkk U WATERANDIIAGWRLPOM10FREASKI'DRYINQ 42S Up OF SILT FENCE PRDTECTEOAREA, ORSFURS THE , ZONE AS LITTLE M POSSIBLE. MEN ENCDUNTE CONTRACTOR TO INSTALL TREE AS POSMEAND IMMEDIATELY 2�ff S. UNIT CONSTRUCTION TRAFFIC ON AND OFF THE SITE T0119 COP&iTRUCTION ACCESS POINTS SHAWNMU7dIDEPRonrriaNP0RAwTREERooT&W 9. MffMIwWPIEMTLKKRPMECTCCM-=CnML CONTMACTO11. MAY WE WSnNG KY0RAMT1PAINKAMFORWATER SOURCE. CONTRACTURMUSTMpy CITY WHIM AND YEHICH HYDRANT WILL BE USED DURING CONTIRUCTIOW. CWGMCT0RMUSrI1UPPIYWZwLWL smsecar-Arm STORM semst EIWUNG PIPE 'ID ER X REP. . =- PwrECr umr Exwrm J� QUEBEC AVENUE ?waBNTAWEE LLt t. Cumv r EL EEyyyy 11 f DIESTIMBEN61ESIME - I. IUSNGY6 0 RWAKIC �Iemwm 9119. M = 6f ... . - . " ' I . I " M Nll' CGIFIAWROMMAND 4-• SAANCUT 00"M UNDEFDRAOM BEXIM L -I- REMM BITUMINOUS CONCRETE"GUNII CONTAINER TRAIL -255Y I- - - - - - - - - - - !i SITIIM 2! fj LL CTITTOREKOVED07DIBMAYSIANDMA POOR TO coNsrRumoMSTARTUG. 96CIFICLOCATION DRAMPWRLBE c) W)BEWORICEDOMWIDONTRACTORPREIRTPEINOTING D THE PRIDIRID PROTECT 0 CONSTRUCTION. EXESTINGPLOCONIAMERFIND Crr' ON STARTING. APPRIMOVIATELY T- 10"-'OEEP SAND BEDTHATISANARABLE T ylFORCDffTRACTORS?t:SADIUUNASEMEM1dP1 MAIN EwPLAYOONTAiNIRSFAAM 0' RV S&vMCLrr Masi= BMMYMowTPALwz 7 . .. .... .. . ..... CON NITS b=NGMRINK1MKW -F" AIR! FpAC;nr ZD H.U.MS.&A.IEd MEDICINE LAKE ROAD co.00 No= 1. CWMLW= TO COORDINATE CONTAINER WORK WrrH PLAY EWPME[fr AND BONEBIOWOMIIIRlN8MVWALLML8NRA5m*mTECmmLicr. SIR 9N0'OFSPATIONS FOR A MAILED OeSMPTION OF OOOROVAORN RESMMUTJES. I CONCRETE WALK SHALLNOTEMOEM4.5TA RAMP 94ML NOT WEED 4A%. CROSSSLORESS ALL NOT EM13EDAI ALL MULKSHUSTIEWPED M BRAIN. 3. 015TANCE WMENTM TOP OF PLAY EQWPM "COUTADIRCURS AND THE TOP OF THE UMMUNIMINOMFORAWAM FMDM3- TO F WHEN86GINEEREDWOOD FIBER ]SlrTAM ADJUST MAN HETCiRM BE 19"-5 IN ORDER TO REAQITHE BOTTOM OFTMESMW3nRMKW%5ME 4. MAMM SUME MBMN PLAY EQUMENT CDWTA 70 BEZ%JN ANY DM8MON. I T.W.-TDPOr�NWELPATION 6, TW.F,-TCPCFWWDFMEREEMM 7. T.r -TOPOFCM5rA%nM R. INV. -MENTELewom 9. fLAYCD!rAOl3LNAPSEEXrENDEDWCHMMECT&78MATfS SPFCFMCATf%SFDRADBOWUMOFPA3ELTATHOLl� /j. 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GENEFPL O]MRMCIRTO COORDINATE PRO]LCTSC,mIR]MCy pU1DING, PAJ/IND ANOOTHER PERTEEIr[O116iRCR0N ELMlMS WRHT9WA L110APWR PLAY EQIAPMETR AND ENGINEERED WOOD FIBER MULCHINSTALOMNN, WHICH WILL BE COMPLETED AS ASE'AMTE PAIDECTAYN CONTRACT. ONITACT lMWW IMCPCAM! t. ARCHTTLiTFDR IRIMMARONN ABOUT THE MAY EQINFMENI'INSTIiALATION. SEESPECIFIUT FORMM03OWrION4)FmOPDINu=RmpomnmesA D REATEDPROIECIS `S' ,. L THE CONTRACTOR SMALL REVIEW THE SURVEY STAIONG NEEDS CNF ME PROJECT WITH THE ENGMEEWWtH'APEAROORLTATTNEEFS-- ��, �YPif• THE SITECOOLE57AIEDONCEWITIFENGINEER IT STNS ODNIRACTORS RESPONSIMITyy TOMADTIRINSIAIOIGTWOIAgUT TEE PROIELT, , �'I I THE CONIRACFOR SMALL GIVE THE ERGINEEWI.ANWCAIE ARCHITECT ND LFA THAN SIR HOURS ADNANCEIOTIEOFTTE MEED FOR STAKES STANSWOLBEPIAIDFO \ FOR THE MAY CONTAINER CURB. CONCRETE AN'DNTIURIOW WAIA BENCH LDCATTDN,ERFT N17TTPEUMM TREE PROTEcnDN FENONG STDRMF SEWER43RACE OR DWIWTIIF. SEESPBIICATDRS N ! �_I,\ _ ', .. ~\ +Am .- �' 133SRRhRf'OIW ST. 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SEE 40,02 HMO FORM CURB FACE r AND NOTE PRWVIE3jB1N.W.ITS.WPTHPREMLDED HATEWALIOINT MATERIAL AT 3U FT. OMRMS MHD AOIAWFT TO CDNC1ETE WADS PROVIDE A SMOOTH CONN BMDN BETWEEN TOP OF CLUB AND CONCRETE RAMP INTO CONTABH3L i"--- ---- 72.3r CONTRACTOR TO PROVIDE SHOP DRAWVF� FOR BENCH, ATTACHMDDSAMFTIRSINGFOR APNOVA4 WALK PEPlrfE BY LANDSCAPE AACIOTICT WMR PER urDlrr MAN USE STAIN.ESS STEEL AHCIIDRS AND MvrtFDMATCR eFxCR DDIDR. xm TDsrwe s RYA NN sHD M,: Nm�N.H1oo Fs X1636 -F311 w.r,.Iem PrwlFelm Z 3 2: it LLC IL zo 2 Lu 5 Z a L, d5 O a � U (5Z Sbb*K ZBSHV.Wmw st Fat, mmlls ptc �01a mtl . w I ------------------ ..rr. ------------- FCUNTAVJ EigQ "EtDVBUFYTI* SNY, KATEFU14 AND ORENTAT)ON OFTHE B3STM DRINKING FDMTAIN ODMECTICK, FORTIS F%RPCSES OF -DING, ASSUME MOKMA 4CLOhMUD2.WAUL ASSRYAsagsEE mmmomwrwWATIR5mVKLFW SHOWN ON MAN el SEW= �WMERPENDVO0 1%. pw EmIMD FOLWTAM AND MATCH. SEENOTEL 1 Z ACCESSRLETRANSOODN u 777' F=:-PA==- #_ilkk�Ell FYA%Goeifivet 7: COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Parks and Recreation August 12, 2013 Plannin Item No. By: Susan Rader, P&R Director and Steve Ellingson, Athletic Supervisor By: Kirk McDonald, City Manager 8.1 Resolution awarding low quote of $87,333 for playground site work of Terra Linda Park to Dunaway Construction (improvement project x922) Requested Action Staff requests approval of a resolution awarding a contract for site work of Terra Linda Park playground (improvement project #922) to the lowest responsible quote, Dunaway Construction, in the amount of $87,333. The original bid was $92,958 before a few quantity reductions. The site work includes removal of the existing container, grading of site, drain tile, storm water work, accessible matting and all bituminous and concrete work. Staff would handle the removal of the existing equipment and sand. The engineer's estimate for the bid was $80,000 plus an $8,000 contingency, the low quote is $7,333 over the estimate. The city engineer will be present to answer questions. Background The playground equipment at Terra Linda Park is currently the oldest equipment in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. Staff and the city engineer worked with a representative from Flagship Recreation/Landscape Structures to develop two basic plans that would work well in the designated area of the park and stay within the budget. On July 17, 2013, these plans were presented to the area residents for their consideration at a meeting with staff and the city engineer. Following the presentation of plans, the residents were given the opportunity to provide input regarding the plan that they would most like to see implemented along with any minor modifications. Based on the discussion, the Flagship Recreation representative made the necessary changes to the most popular plan and brought the changes back on August 1, 2013 to review with staff and the neighbors. Also, on July 22, 2013 the City Council approved the plans and specifications and authorized the advertisement of quotes for the site work for this project. Motion by Second by To: o I:1RFA\P&RIPARKS12013\R-922 Terra Linda Playground Authorize Site Work.docx Request for Action August 12, 2013 Page 2 The city engineer solicited quotes from 14 firms and received only one quote as follows: LMILartX emote Dunaway Construction $92,958 reduced to $87,333 With the higher than expected quotes for the site work, staff and the city engineer looked at items that could be reduced without affecting the overall project. Approximately $5,600 was reduced by having staff order and install a bench, changing the topsoil depth from 6" to 5" and removing two playground mats (one due to a design change and the other not necessary). Due to additional storm water work, the work will cost $20,000 instead of the original $14,000 estimated. Guy Johnson, Public Works Director has reviewed the additional expense with the city engineer and acknowledges the additional work and dollar increase. This would give the project a remaining contingency amount of $7,075. Any remaining contingency money would be used for a bench and plantings in the park. The City Forester has started to develop plans to add trees and shrubs to the park to help with aesthetics, shade and odor. A drawback to the park is the sanitary lift station that produces an unpleasant odor. Staff is hoping to help mask some of the smell by adding some general flowers and plants. At the planning meeting on August 1, the neighbors were very pleased with the ideas that were shared. The city worked with Dunaway Construction on the Lion's Park improvement project. With the exception of some turf issues, which were mainly caused by lack of rain, staff was pleased with the work. When the non -responding firms were contacted regarding not submitting a quote, many cited they are too busy and do not have the time to do the project. Another reason provided was that the project was not large enough. Recommendation It is the recommendation of staff that the City Council award the low quote for this site work project. Discussion has taken place between staff and the city engineer regarding the option of waiting until spring and asking for new quotes to see if it is possible to reduce the site work costs. Consensus was to recommend proceeding with the current quotes as there are no guarantees that we would receive more favorable quotes in the spring and that costs could possibly increase. Funding This project is included in the 2013 C1P and the 2013 Park Infrastructure budget as shared with the Council during 2013 CIP planning and 2013 budget meetings. The total cost of the project was originally estimated by the city engineer at $150,000, plus an additional $14,000 for storm sewer. I:\RFA\P&R\PAR1CS\2013\R-922 Terra Linda Playground Authorize Site Work.docx Request for Action August 12, 2013 Page 3 The cost breakdown of the pro'ect: -The estimate of the storm water work was $14,000, but actual cost came in at $20,000. *Remaining contingency money will be used for the added plantings and benches. The total cost of the project is projected to be $150,000, plus an additional $20,000 for storm water work. Funding is available in the Park Infrastructure and Storm Water Funds. Attachments Resolution Engineer's memorandum Copy of plans and specifications Copy of the quote tabulation - original and reduced version Aerial view of park showing possible planting area Copy of 2013 CIP I:\RFA\P&R\PARKS\2013\R-922 Terra Linda Playground Authorize Site Work.docX Estimate Pr 'ected Equipment and Installation $ 59,000 ; $ 58,592 Container/Site Work/Storm Water $ 80,000- $ 87,333 ConfingTc $ 8,000 $ 7,075 Engineering $17,000 $17,000 Sub Total $164,000 $170,000 -The estimate of the storm water work was $14,000, but actual cost came in at $20,000. *Remaining contingency money will be used for the added plantings and benches. The total cost of the project is projected to be $150,000, plus an additional $20,000 for storm water work. Funding is available in the Park Infrastructure and Storm Water Funds. Attachments Resolution Engineer's memorandum Copy of plans and specifications Copy of the quote tabulation - original and reduced version Aerial view of park showing possible planting area Copy of 2013 CIP I:\RFA\P&R\PARKS\2013\R-922 Terra Linda Playground Authorize Site Work.docX City of New Hope Resolution No. 13- 115 Resolution awarding low quote of $87,333 for playground site work of Terra Linda Park to Dunaway Construction (improvement project #922) WHEREAS, the city requires the assistance of a contractor in completing playground site work improvements to Terra Linda Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the request for quotes for construction of the Terra Linda Park playground site improvement project was sent to fourteen local companies; and, WHEREAS, the quote from Dunaway Construction in the amount of $87,333 for the site improvements of Terra Linda Park is the lowest responsible quote submitted, and, WHEREAS, the city engineer has recommended that Council award the contract to Dunaway Construction. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota authorize entering into a contract for the playground site work improvements at Terra Linda Park with Dunaway Construction for $87,333. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12h day of August, 2013. Mayor Attest: City Clerk IARFA\P&RIPARKS12013\R-922 Terra Linda Playground Authorize Site Work.docX August 7, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council (Sty of New Hope 4401 Xylon Ave. N New Hope, MN 55428 Re: Terra Linda Park and Playground Improvements Project City Project No. 922 Stantec Project No. 193801952 Bid Results Dear Honorable Mayor and City Council: Quotes were opened for the Project stated above on August 6, 2013. Transmitted herewith is a copy of the Quote Tabulation for your information and file. Copies will also be distributed to the Contractor once the Project has been awarded. There was 1 Quote received. The following summarizes the results of the Quote received: ntr -tor Base Bid Alternafre No. i AI maf9e No. Z Dunaway Construction $92,958.00 $6,075.00 $6,132.00 The low Bidder on the Project was Dunaway Construction with a Total Base Bid Amount of $92,958 and Total Alternate 1 Bid of $6075.00, and Total Alternate 2 Bid of $6132.00, for a Total Bid w/Alternates of $105,165.00. This compares to the Engineer's Estimate of $76,750 for the Base Bid and $6003 for Alternate #1, and $5530 for Alternate #2. 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 Dunaway Construction should be awarded the Project on the Total Base Bid Amount of $92,958. We plan to make some quantity reductions to reduce to Total base Bid Amount to $87,333. We do not recommend awarding any albemates. Should you have any questions, please feel free to contact me at 651-967-4534. Sincerely, STANTEC CONSULTING SERVICES INC. Kate Moorman Lamers, ASLA, LEED AP Landscape Architect P) 3 11, Project Name: Terra Linda Park & Playground ]m rovements Stantec Project No.: 193801952 City Project No.: 922 Owner. (1LY of New Hope, MN Did Opening: Tuesday, August 6, 2013, at 10 A.M., CDT Item BID TABULATION Ilam Units Qty Bidder No. 1 Dunaway Construction Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $10,000.00 $10,000 2 SITE GRADING LS 1 $5,000.00 $5,000 3 EXCAVATE AND HAUL FILL OFF SITE LS 1 $15,000.00 $15,000 4 REMOVE BITUMINOUS PATH SY 185 $5.00 $925 5 REMOVE STORM SEWER PIPE LF 115 $10.00 $1,150 6 REMOVE STORM SEWER STRUCTURE EA 2 $500.00 $1,000 7 BULKHEAD EXISTING STORM PIPE EA 1 $500.00 $500 8 RELOCATE L.OYII VOLTAGE ELECTRICAL SERVICE FOR SM LS 1 $500.00 $500 9 RELOCATE DRINKING FOUNTAIN LS 1 $3,000.00 WOO 10 SILT FENCE LF 350 $4.00 $1,400 11 4" CONCRETE WALK SF 290 $6.00 $1,740 12 CONCRETE RAMP SF 60 $10.00 $600 13 6" CONCRETE PEDESTRIAN RAMP SF 52 $10.00 $520 14 TRUNCATED DOME PANELS SF 8 $50.00 $400 15 PREMIUM TOPSOIL BORROW (LV) Cy 625 $25.00 $15,625 16 PLAYGROUND MATS EA 4 $500.00 $2,000 17 PLACEMENTOFSAND LS 1 $1,500.00 $',500 18 GEOTFXTLLE FABRIC SY 341 $3.00 $11023 20 PROTECTION OF CATCH BASIN (STREET) EA 2 $150.00 $300 21 PROTECTION OF CATCH BASIN (OFF-STREET) EA 2 $150.00 $300 22 PLAYGROUND CONCRETE CURB LF 225 $30.00 $6,750 23 CONCRETE CURB- STREET LF 15 $40.00 $600 24 HYDROSEED WIMULCH SY 3300 $3.00 $9,900 25 CONNECTTO EXISTING STORM PIPE EA 1 $800.00 $800 26 4" NON -PERFORATED PVC DRAIN IIL.E LF 75 $12.00 $900 27 4" PERFORATED PVC DRAINTILE WITH SOCK LF 140 $15.00 $2.100 28 6" NONPERFORATED PVC DRAINTILF I F 140 $.14.00 $1,960 29 6" PERFORATED PVC DRAINTILE WITH COARSE FILTER A LF 20 $17.00 $340 30 4" PVC CLEANOUT" EA 4 $250.00 $1,000 31 YARD DRAIN FA 2 $250.00 $500 TOTAL - BASE BID $87,333. ALTERNATE NO. 1: ADD SATELLITE PLAY CONTAINER AREA 33 PLAYGROUND CONCRETE CURB LF 66 $30.00 $1,980 34 PLACEMENT OF SAND LS 1 $500.00 $500 35 EXCAVATE AND HAUL FILL OFF SITE LS 1 $600.00 $60C 36 GEOT[XTIIE FABRIC SY 55 $3.00 $165 37 4" PERFORATED PVC DRAINTILE WITH SOCK LF 22 $15.00 $33C 38 INSTALL. 6' BENCH EA 1 $2,500.00___g= TOTAL - ALTERNATE NO. 1 $6,075 ALTERNATE NO. 2: EXTEND PLAY CONTAINER 39 PLAYGROUND CONCRETE CURB LF 77 $30.00 $2,310 40 EXCAVATE AND HAUL. FILL OFT SITE CY 23 $15.00 $345 41 PLACEMENT OF SAND LS 1 $500.00 $50C 42 GEOTEXTILF FABRIC SY 59 $3.00 $177 43 4" PERFORATED PVC DRAINTILE WITH SOCK LF 20 $15.00 $30C 44 INSTALL 6' BENCH EA 1 $2,500.00 S2.SOC TOTAL - ALTERNATE NO. 2 $6,132. Contractor Name and Address: Dunaway Constriction 17149 Notre Dame Street Columbus, MN 55025 PhongRax: 651-464-1985 651-464-1985 Bid Security. Bid Bond Addenda Admowladaed: 1 201308-a7_cwndFes38m952Qr.x6rn ST -1 by: Kevin Dunaway Kyle®dunawaV=sLcom Project Name: Terra Linda Park A Playground Improvama+ts Stantec Project No.: 193801952 City Prajed No.: 922 Owner: City of New Ho --ex Mli. IherebycertifyUAat sanexaff Bid Opening: Tuesday, August 6, 2013 at 10 A.M., UT reproctx'Abn oflds rar ird. Ka ne Moorman Lamers StantK Lkense Ma 44740 Bidder No.1 BID TABULATION Dunaway Construction Item Item Units QW Unit Price Tocol BASE BID: 1 MOBILI7ATION LS 1 $10,000.00 $10000.00 2 SITE GRADING LS 1 $5,000.00 $5,000.00 3 EXCAVATE AND HAUL FILL OFF SITE LS 1 $15,000.00 $15,000.00 4 REMOVE BITUMINOUS PATH SY 185 $5.00 $925.00 5 REMOVE STORM SEWER PIPE LF 115 $10.00 $1,150.00 6 REMOVE STORM SEINER STRUCTURE EA 2 $5DD.00 $1,000.00 7 BULKHEAD EX51ING STORM PIPE EA 1 $500.00 $500.00 8 RELOCATE LOW VOLTAGE ELECTRICAL SERVICE FOR SAT LS 1 $500.00 $500.00 9 RELOCATE DRINKING FOUNTAIN LS 1 $3,000.0D ;3,000.00 10 SILT FENCE LF 350 $4.D0 $1,400.00 11 4" CONCRETE WAIK SF 2.90 $6.00 $1,740.00 12 CONCRETE RAMP Sr 60 $10.00 $600.00 13 6" CONCRETE PEDESTRIAN RAMP SF 52 $10.00 $520.00 14 TRUNCATED DOME PANELS 5F a $50.00 $400.00 15 PREMIUM TOPSOIL BORROW (LV) CY 750 $2.5.00 $18,750.00 16 PLAYGROUND MATS EA 6 $500.00 $3,000.00 17 PLACEMENT OF SAND LS 1 $1,500.00 $1,500.00 18 GEOTEXTILE FABRIC SY 341 $3.00 $1,023.00 19 INSTALL C BENCH EA 1 $1,500.00 $1,500.00 20 PROTECTION OF CATCH BASIN (STREET) EA 2 $150.00 $300.00 21 PROTECTION OF CATCH BASIN (OFF-STREET) EA 2 $150.00 $300.00 22 PLAYGROUND CONCRETE CURB LF 225 $30.00 $6,750-00 23 CONCRETE CURB -STREET LF 15 $40.00 $600.00 24 HYDROSFED W/MULCH SY 3300 $3.00 $9,900.00 75 CONNECT f0 EXISTING STORM PIPE EA 1 $800.00 $800.00 26 4" NON -PERFORATED PVC DRAINTILE LF 75 $12.00 $900.00 27 4" PERFORATED PVC DRAINTILE WITIi SOCK LF 140 $15.00 $7,100.D0 28 6" NON-PFRFORATED PVC DRAINTILE LF 140 $14.00 $1,960.00 29 6" PERFORATED PVC. DRAINTILE WITH COARSE FILTER A LF 20 $17,00 $340.00 30 4" PVC CLEANOUT EA 4 $250.00 $1,000.00 31 YARD DRAIN EA 2 $250.00 TOTAL - BASE BID $93,958.00 ALTERNATE NO. 1: ADD SATELLITE PLAY CONTAINER AREA 33 PLAYGROUND CONCRETE CURB LF 66 $30.00 $1,980.00 34 PLACEMENT OF SAND LS 1 $500.00 $500.00 35 ExCAVA'TE AND HAUL FILL OFF SITE LS 1 $600.00 $600.00 36 GEOTIEXTILE FABRIC SY 55 $3.00 $165.00 37 4" PFRFORATED PVC DRAINTILE WITH SOCK LF 22 $15.00 $330.00 38 INSTALL 6' BENCH EA 1 $2,500.00 TOTAL - ALTERNATE NO. 1 $6.075.00 ALTERNATE NO. 2, EXTEND PLAY CONTAINER 39 PLAYGROUND CONCRETE CURB LF 77 $30.00 $2,310.00 40 EXCAVATE AND HAUL FILL OFF SITE CY 23 $15.00 $LM5.DD 41 PLACFMENT OF SATED LS 1 $500.00 $500.DD 42 GEOTEXTILE FABRIC SY 59 $3.00 $177.00 43 4" PERFORATED PVC DRAINTILE WITH SOCK LF 20 $15.OD $300.00 44 INSTALL 6' BENCH FA 1 $2,500.00 $2,500.00 TOTAL - ALTERNATE NO. 2 $6,132.00 Contractor Name and Address: Dunaway Construction Signed by: Kevin Dunaway 17149 Notre Dame Street email: Kyle@dunawaymst.com Columbus, MN 55025 Phone/Fax:651-464-1985 651-464-1985 Bid Security: Bid Band Addenda Acknowledged: 1 193am552arat4m BT -1 �l Al7 40 t A Im 6 at J Project Description Project Year Project Cost* Staff Pdorltlzagon City of New Hope 2013 Capital Ir mint Program Comments Main F dinn Sources* MSA Sv Ird Wa,dr Sewer Stam TIF CenGa WS Loan Assess Fire De t Park Funds Ice Arena Golf Course Funding Total 2013 Street Infrastructure 2013 7,350 high St. Manor emerd Plan 4000 887 270 210 715 Tax Increment financing 1035 233 7350 City Center Redevelopment 2013 610 hih Gib^ Utilities Work 610 610 CenterPolnt- W!nnedva 2013 90 hk CItVs Utilities Work 35 25 30 90 Rain Garden Restoration 2013 5 Mah Water qually 5 5 2013 Seal Coat 2013 200 —hK -'K St, Mana emem Plan 200 200 Reline sewer pipes 2013 200 high Annual W Project 21301 200 Storm Water Project 2013 100 high Required TMDL proknts 100 100 PW Garage Door 2013 6 medium Replace overhead door 6 6 PW Garage Healing Units 2013 3 high Cleaninq of heating units 3 3 PW Garage Repair Shop 2D131 81 h h Hlah Pressure RtOno Machine 8 8 HVAC Roof Unit 2013 15 high Heartina & Air 15 15 PW Office Reai 2013 150 hl h Based on frequencyof leaks 1 150 150 Fire Station Sidewalk -Parking Lot 2013 36 Replace front sidewalk and small parking lot 36 36 Pool misc a ul ment 2013 10 knv only if needed 10 10 Pool subsidv 2013 40 high 40 40 Pool relace portions decking 2013 15 low Carry over from 2012 1 1 15 15 Pool replace sun shelterstwind screens 2013 B Mah Carry over from 2012 1 1 8 8 Pool shade umbrellas 2013 10 medium 1 10 10 pool P4 -IF; 2013 0 medium Moved to 2016 1 01 0 Shallow Pool Water Heater 2013 18 high Added in !ace of main p2ol_ 18 _ 18 Parks Buckthorn removal 2013 5 high _ 5 6 Parks Hard courtsiplaryground 2013 12 medium repair as needed 12 12 Parks landscape Improvements Fred Sims 2013 251 medium Carry over from 2012 1 1 1 25 26 Park Play equipment Dmiects 2013 160 high Torre Linda dates back to 1890 1601 150 IA north scoreboard 2013 35 medium only If needed 35 35 IA security system 2013 17 medium Improve security 17 17 LA outside sin 2013 45 medium ori inal from 1975 45 45 GC Fairway unit mower 2013 401 high Existing purchased In 1996 40 40 GC ToDdresser 2013 10 Nan do not own one - getting harder to borrow 10 10 GC Clubhouse carpet 2013 B medkan original, t2a vepro old 8 8 utn vehicle Cushman 2013 18 Existing purchased In 1986 18 18 [GE, ecScholarshi 2013 6 high as needed _ 6 6 OTAL 9,245 400D 1087 W5 436 850 610 182 0 1035 233 36 352 52 68 9245 'Costs in thousands Public Works Budgets Pacts Budgets Fire Dept. Funding ScurcQa; MSA MNIDOT State Aid S1r Infra Tax levy - street infrastructure W & S Water and sewer utility fund Water Water Fund Sewer Sanitary Sewer Fund Siam Storm water fund TIF Tax Increment financing CenGar Central Garage fund - internal service fund WS Watershed commissions Grants Grants from any source Other Includes development funds, County funds, JWC,Federal funds. EDA Fire De: Fire Department Budget Park Fu Includes park infraseucture, park dedication, liquor reserve funds 4/1 712 01 3 5,737 472 36 Stantec Consulting Services Inc. 2335 Highway 36 west St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Stantec August 14, 2013 Mr. Kevin Dunaway Dunaway Construction 17149 Notre Dame Street Columbus, OH 55025 Re: City of New Hope, Minnesota Terra Linda Park & Playground Improvements City Project No. 922 Stantec Project No. 193801952 Notice of Award/Contract Documents Dear Mr. Dunaway: You are notified that your Bid dated August 6, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $92,958.00 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 SpeclfEcatlon Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 6113.16 Payment Bond. The Insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, She 201 Brooklyn Park, MN 55443-1999 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Dunaway Construction (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Kate Lamers Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre-eonstruckon conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, STANTEC CONSULTING SERVICES INC. Katherine Moorman Lamers Enclosures: Four Contract Documents cc: Valer;e Leone, City of New Hope Steve Sondrall, City Attorney GORDON L. JENSEN' MELANIE P. PERSELLIN'' STEVEN A.SONDRALL STACY A. WOODS' Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in nlinois/Cclorado Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 • TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@ispattorneys.com September 4, 2013 Valerie Leone City Clerk personal delivery City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2013 Terra Linda Park and Playgrounds Improvement Project City Project No. 922 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Kevin Dunaway d/b/a Dunaway Construction. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, n 4tacy'�A'Woo. s, Assistant City Attorney, of New ope Enclosures cc: Steven A. Sondrall, City Attorney Guy Johnson, Public Works Director Chris Long, City Engineer P-VAttoraey\SAS\I Clier-t Piles52 City of New Hope\99-10030 (Public Works general)\Leone lir - 2013 Terra Linda Park and Playgrounds Improvemeat Contracts- City Project No. 922.dor. September 5, 2013 Dunaway Construction 17149 Notre Dame St. NE Forest Lake, MN 55025-8324 SUBJECT: Terra Linda Park Playground - improvement project 922 At its meeting of August 12, 2013, the New Hope City Council approved the contract with your company for project no. 922 for $87,333 (quantity reductions were made to the original $92,958 bid). Enclosed please find two contract documents. PIease submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-1.34 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, f2�7fa7,U Valerie Leone City Clerk, CMC Enclosures - Contract, IC -134 cc: Susan fader, director of parks and recreation Chris Long, city engineer CITY OF NEw HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.ne'w-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. 761 -.S,31 -.';1..1F + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 �Sopl,s C, Project Manual For Terra Linda Park and Playgrounds Improvements CONTRACT O J iISTS New Hope, Minnesota City Project No. 922 My 2013 Stantec Project No. 193801952 DOCUMENT 00 91 13 ADDENDUM 1 TERRA LINDA PARK & PLAYGROUND IMPROVEMENTS PROJECT NO. 193801952 NEW HOPE, MINNESOTA AUGUST 1, 2013 Number of Pages: 13 (includes this sheet) To; All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 967-4534 — Kate Moorman -Lamers, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. Company Name ® 2013 Stantec 1193801952 Date ADDENDUM 009113-1 DOCUMENT 00 4110 — QUOTE FORM 1. Delete this Document in its entirety and add the attached Document. The following revisions were made to the Quote Form: A. Original Bid Item No. 4 — Revised quantity. B. Original Bid Item No. 10 — Revised quantity. C. Original Bid Item No. 11— Revised quantity. D. Original .Bid Item No. 12 — Revised quantity. E. Original Bid Item No. 13 — Revised quantity. F. Original Bid Item No. 18 — Revised quantity. G. Original Bid Item No. 20 — Eliminated as it was a duplicate of Original Bid Item No. 9. There are currently a total of 43 Bid Items In the revised Quote Form. H. Original Bid Item No. 23 — Revised Bid Item No. 22. Revised quantity. I. Original Bid Item No. 28 — Revised Bid Item No. 27. Revised quantity. J. Original Bid Item No. 33'— Revised Bid Item No. 32. Revised quantity. K. Original Bid Item No. 36 — Revised Bid Item No. 35. Revised quantity. L.' Original Bid Item No. 37 — Revised Bid Item No. 36. Revised quantity. M. Original Bid Item No. 39 — Revised Bid Item No. 38. Revised quantity. N. Original Bid Item No. 40 — Revised Bid Item No. 39. Revised quantity. 0. Original Bid Item No. 42 — Revised Bid Item No. 41. Revised quantity. P. Original Bid Item No. 43 — Revised Bid Item No. 42. Revised quantity. SECTION 0150 00 -- TEMPORARY FACILITIES AND CONTROLS 1. Page 0150 00 — 3, Paragraph 3.05.8. Replace the paragraph in its entirety with the following. B. Temporary Water for Construction 1. Contractor and Owner to define a hydrant for water source prior to beginning construction. Contractor to supply RPZ valve. 2. Owner will pay for costs of the water. SECTION 0157 13 --TEMPORARY EROSION AND SEDIMENT CONTROL 1. Page 0157 13 —1, Paragraph 1.02.A.2a Replace the paragraph in its entirety with the following. a. Silt Fence: Payment will be by type. Measurement will be based on Linear Feet. Payment shall be for the quantity of Original Bid Item No. 10 of Silt Fence unless additional quantity is approved by Engineer. SECTION 12 92 00 — PRICE AND PAYMENT PROCEDURES 1. Page 12 92 00 —1, Paragraph 1.02.A.1. Replace the paragraph in its entirety with the following. 1. A Bid Item has been provided for Install 6' Bench. Payment is for providing fully installed, anchored bench in accordance with the Drawings and as specified herein. Measurement of the Bench is by Each, in accordance with the Drawing. Payment will be made at the Contract price per number installed. Concrete pad to be paid under Original Bid Item No. 11,. r 4" Concrete Walk in Section 32 13 14. p 2013 Stantec 1193801952 ADDENDUM 1 09113-2 SECTION 32 13 14 — CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 1. Page 32 13 14 —1, Paragraph 1.02.A.3. Replace the paragraph in its entirety with the following: 3. Bid Item for "6" Concrete Pedestrian Ramp" has been included in the Quote Form. Measurement and payment shall be by the Square Foot for panels constructed as shown in the Drawings. a. Measurement of ramp shall not Include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement 4) Placement of materials 5) Finishing 6) Curing and protection n Backfilling c. Excavation for concrete pedestrian curb ramp shall be inddental to the removal of the existing sidewalk. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 1123. DRAWING C0.01 1. Delete this Drawing with the attached Revised Drawing C0.01R. A. Quantities listed on the plan have been removed. Refer to attached revised quote tab, Document 00 41 10(R) for all quantities. No other changes have been made to this document. DRAWING C1.02 1. Delete this Drawing with the Attached Revised Drawing C1.02R A. Note 2 has been revised to refer to silt fence and not biologs. B. Relocated play area note has been revised to refer to DTL A/CB.03. No other changes have been made to this document. LIST OF ATTACHMENTS 1. Document 00 41 10(R) - Revised Quote Form 2. Drawing C0.01R 3. Drawing C1.02R END O'F DOCUMENT ADDENDUM C 2013 Stantec 1 193801952 00491111- 1 13-3 THIS QUOTE IS SUBMITTED TO: Kate Lamers cjo City of New Hope 2335 Highway 36 West St. Paul, MN 55113 BIDDER: DOCUMENT 00 4110 REVISED QUOTE FORM REVISED BY ADDENDUM NO. TERRA LINDA PARK & PLAYGROUND IMPROVEMENTS CITY PRO]ECT NO. 922 STANTEC PROJECT NO. 193801952 NEW HOPE, MINNESOTA 2013 QUOTES DUE: 10 A.M., CDT, Tuesday, August 6, 2013 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included In the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated In this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to In writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and become familiar with and Is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at; or contiguous to, the Site and all drawings of physical conditions In or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, its, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly) required by the Bidding Documents to be employed by Bidder, and safety precautions and programs Incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder Is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as Indicated in the Bidding Documents. 0 2013 starmec 1193801952 REVISED BY ADDENDUM NO. 1 00 4110 -1(R) REVISED QUOTE FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 3. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.42 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which anise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing In this paragraph is intended tD restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty unit Price Total Price BASE BID: 1 MOBILIZATION 2 SITE GRADING 3 EXCAVATE AND HAUL FILL_ OFF SITE 4 REMOVE BITUMINOUS PATH 5 REMOVE STORM SEWER PIPE 6 REMOVE STORM SEWER STRUCTURE 7 BULKHEAD EXISTING STORM PIPE LS 1 $ $ LS 1 $ $ LS 1 $ $ SY 185 $ $ LF 115 $ $ EA 2 $ $ EA 1 $ $ 0 2013 Stantec 1193801952 REVISED 8Y ADDENDUM NO. 1 00 4110 - 2(R) REVISED QUOTE FORM Na Item knits Qty Unit Price Total Price 4, RELOCATE LOW VOLTAGE ELECTRICAL SERVICE FOR LS 1 $ $ SANITARY SEWER 9 RELOCATE DRINKING FOUNTAIN LS 1 $ $ 10 SILT FENCE LF 350 $ $ it 4" CONCRETE WALK SF 290 $ $ 12 CONCRETE RAMP SF 60 $ $ 13 6" CONCRETE PEDESTRIAN RAMP SF 52 $ $ 14 TRUNCATED DOME PANELS SF 8 $ $ 15 PREMIUM TOPSOIL BORROW (LV) CY 750 $ $ 16 PLAYGROUND MATS EA 6 $ $ 17 PLACEMENT OF SAND LS 1 $ $ 18 GEOTEXTILE FABRIC SY 341 $ $ 19 INSTALL 6' BENCH EA 1 $ $ 20 PROTECTION OF CATCH BASIN (STREET) EA 2 $ $ 21 PROTECTION OF CATCH BASIN (OFF -STREP EA 2 $ $ 22 PLAYGROUND CONCRETE CURB LF 225 $ $ 23 CONCRETE CURB - STREET LF 15 $ $ 24 HYDROSEED W/MULCH SY 3300 $ $ 25 CONNECTTO EXISTING STORM PIPE EA 1 $ $ 26 4" NONPERFORATED PVC DRAINTILE LF 75 $ _ $ 27 4" PERFORATED PVC DRAINTILE WITH SOCK LF 140 $ $ 28 6" NON -PERFORATED PVC DRAINTILE LF 140 $ $ 29 6" PERFORATED PVC DRAINTILE WITH COARSE FILTER LF 20 $ $ AGGREGATE AND GEOTE)MLE WRAP 30 4" PVC CLEANOUT EA 4 $ $ 31 YARD DRAIN EA 2 $ $ TOTAL - BASE BID $ ® 2013 Stantec 1193801952 REVEED BY ADDENDUM NO.1 00 4110 - 3(R) REVZED QUOTE FORM NO. Item Units Qty Unit Price Total Price ALTERNATE NO. 1: ADD SATELLITE PLAY ALTERNATE NO. 2: EXTEND PLAY CONTAINER CONTAINER AREA 38 PLAYGROUND CONCRETE CURB LF 77 32 PLAYGROUND CONCRETE CURB LF 66 $ $ 33 PLACEMENT OF SAND LS 1 $ $ 34 EXCAVATE AND HAUL FILL OFF SITE LS 1 $ $ 35 GEOTE ML E FABRIC SY 55 $ $ 36 4" PERFORATED PVC DRAINTILE WITH SOCK LF 22 $ $ 37 INSTALL 6' BENCH EA 1 $ $ TOTAL - ALTERNATE NO. 1 $ TOTAL - ALTERNATE NO. 2 $ ® 2013 Stant 1193®01952 REVISED BY ADDENDUM NO. 1 00 4110 - 4(R) REVISED QUOTE FORM ALTERNATE NO. 2: EXTEND PLAY CONTAINER 38 PLAYGROUND CONCRETE CURB LF 77 $ $ 39 EXCAVATE AND HAUL FILL OFF SITE CY 23 $ $ 40 PLACEMENT OF SAND LS 1 $ $ 41 GEOTEXTILE FABRIC SY 59 $ $ 42 4" PERFORATED PVC DRAINTILE WITH SOCK LF 20 $ $ 43 INSTALL 6' BENCH EA 1 $ $ TOTAL - ALTERNATE NO. 2 $ —_ — ® 2013 Stant 1193®01952 REVISED BY ADDENDUM NO. 1 00 4110 - 4(R) REVISED QUOTE FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.E 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 staged 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 S 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 SUMMED on 2013. Name (typed or printed): By:: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: e-mail address: Fax No.: 0 2013 Stantec 119380052 REVISED BY ADDENDUM NO. 1 00 4110 - 5(R) RSD QUO nE FORM A Partrieish' Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.Q. Box #'s): Phone No.: e-mail address: Fax No.: Corporation Name: ,(SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Uahility): By: - (Signature) Name (typed or printed): Tdie: ►[ ^ (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: e-mail address: Fax No.. (CORPORATE SEAL) 0 2013 RanteC 1193801.952 REVISED BY ADDENDUM NO. 1 00 4110 - 6(R) REVISED QUOTE FORM A Joint Venture Joint Venture Name: _ By: (Signature of joint venture partner) Name (typed or printed): , Title: Business address: Phone No.: Fax No.: e-mail address: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Tile: Business Street Address (No P.D. Box #'s): Phone No Phone Number, Fax Number, E-mail Address and Mailing Address for receipt of official 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 Indicated above). END OF DOCUMENT 0 2013 Sfentec 1193801952 REVISED UY ADDENDUM NO. 1 00 4110 - 7(R) REVISED QUOTE FORM NOTES 1. GENERAL CONTRACTOR TO COORDINATE PROJECT SCHEDULING, GRADING, PAI. CONSTRUCTION ENTRANCE, EQUIPMENT AND ENGINEERED WOOD FIBER INSTALLATION, WHICH WILL BE C) *MOVE EXISTING ARCHITECT FOR INFORMATION ABOUT THE PLAY EQUIPMENT INSTALLATION. I �ONCRETE CURB FOR PED RELATED PROJECTS. RAMP INSTALLATION. Z EXISTING UTILITIES AS 940M ON THE DRAWINGS ARE SHOWN INA GENERAL,✓-' SHOWN ON THE PROTECT ADJACENT DRAWINGS. PRIOR TO ANY CONSTRUCTION, THE CONTRACT01 SURFACES. VERIFY THE EXISTENCE AMD LOCATION OF ALL UTILITIES PRIOR TO ANY CONSTI 1 3. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE CONDITIONS OF THE, i OF ANY DISCREPANCIES OR VARIATIONS FROM THE DRAWINGS. fX(STING BiT(imInow 4. ALL EROSION CONTROL MEASURES SHALL BE IN PLACE PRIOR TO ANY REMOVA 'RAIL - 2061.8 BEEN ESTABLISHED AS DETFRKtNED BY THE ENGINEERAANDSCAPE ARCHITECT. 'may 5- THE PROJECT SITE SHALL BE KEPT AS HAZARD FREE AS POSSIBLE, THE CONTR r1 FROM THE SITE DAILY. & PROJECT LIMITS OF WORK IS SHOWN ON THE DRAWING. RESTORATION OR RE PROTECT LIMITS THAT ARE DAMAGED DUE TO THE CONTRACTOR'S ACTS OR NE THE RESTORATION OR REPLACEMENT SHALL BE DETERMINED BY THE ENGINEER 7. PROTECT EXISTING TREES. USE SILT FENCE OR INSTALL ORANGE MESH FENCIP. ENGINEERtUUYDSCAPE ARCHITECT. WITHIN THE PROTECTED AREA, DO NOT P1 NOT LIMITED TO EXCAVATION, STORING MATERIALS, PARKING AND TRAFFIC PROTECTED AREA, DISTURB THE ROOT ZONE AS LITTLE AS POSSIBLE. WHEN m TREE AS POSSIBLE AND IMMEDIATELY WATER AND RACKFILL ROOTS TO 8- LIMIT CONSTRUCTION TRAFFIC ON AND OFF THE SITE TO THE CONSTRUCTION 2-W ACCESS AREA. a 51. CITY WILL PROVIDE WATER FOR PROJECT CONSTRUCTION. CONTRACTOR MAY t CITY WHEN AND WHICH HYDRANT WILL BE USED DURING CONSTRUCTION. CO I 10. SCRAPE AND SALVAGE AGGREGATE BASE FROM BELOW BITUMINOUS WALKS (RE 11. TOPSOIL SHALL NOT BE SALVAGED AND REUSED ONSM REMOVE FROM SITE. m Y m X m m PROTECT EXISTING LIGHT -- " .: - --------- - QUEBEC AVENUE Zoldec 2335 Highmy 36 w SL PaUk KN 55113 Ph: 651-6364600 Fax: 651-63r,1311 wwwstwfbwmFl -n STANYM 2013 J -p z LLI aLL- ul KJJ 2: Lu A > z ch 0 0 b 8La 8 4WZ co a. 0 tn z O fY Bm wr ),fLvm m C0 -01R CONSTRUCTION ENTRANCE, *MOVE EXISTING �ONCRETE CURB FOR PED RAMP INSTALLATION. PROTECT ADJACENT SURFACES. "CUT AND REMOVE fX(STING BiT(imInow 'RAIL - 2061.8 PROTECT BITUMMOLIS PATHWAY TO REMAIN Zoldec 2335 Highmy 36 w SL PaUk KN 55113 Ph: 651-6364600 Fax: 651-63r,1311 wwwstwfbwmFl -n STANYM 2013 J -p z LLI aLL- ul KJJ 2: Lu A > z ch 0 0 b 8La 8 4WZ co a. 0 tn z O fY Bm wr ),fLvm m C0 -01R NOTER 1. THE CONTRACTOR SHALL REVIEW THE SURVEY STARING NEEDS OF THE PROJEl THE SITE WILL BE STAKED ONCE BY THE ENGINEER, IT 15 THE CONTRACTORS 2. THE CONTRACTOR SHALL GIVE THE ENGINEERILANDSCAPE ARCHITECT NO LES.' FOR THE PLAY CONTAINER CURB, CONCRETE AND BITUMINOUS WALKS, BENCH DRAIN TILE. SEE SPECIFICATIONS. 3. ALL CURB RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. FOR.. 4. PLAY EQUIPMENT TO BE FINALIZED PRIOR TO CONSTRUCTION STARTING. THE IS FINALIZED. S- ALL TURF AREAS SHOWN WITHIN THE LIMIT OF CONSTRUCTION To BE SEEDED90.0 DISTURBANCES OUTSIDE OF THE LIMIT OF WORK ARE NOT CONSIDERED PART, RELOCATED • SAND AND G '7 CONTAINER, SURFACING- AREA. XTILE FABRIC INSDE 1PLAY DETAIL Ala 03 FOR f EQUIPMENT AND 2335 Homy 36 W Si. Paul, MN 55113 Ph: 651 -636 -Wo Fax: 651-6364311 W�ammwcxm STAWMC2W z LLr Q 0 z u- 0 u Lu 0 Ix Z ej =0 0 ce g U)OAC �- Lu 06 Lu W - 71M, DAM IENGINEEREDWOOD FIMR MULCH TSI SLfNLK 1E INSTALLED M OTHERS, SEE NOTE%% C. km GATED DRINKING ^r- WALK. SEE DETAIL AA&02 PROVIDE S' SCORE JOINTS AS SHOWN. (5'4"X 7-4") SEE 6"CONCRETE PEDEifkAN RAMP. SEE DEMAII-NM04 QUEBEC AVENUE C1.02R Qr INSTALLamom CUM & GUTTER .ZE 03 4')qONCRETE WALK AND 6' Br9. SEE D/.03 CLE F WASTE Y" 2335 Homy 36 W Si. Paul, MN 55113 Ph: 651 -636 -Wo Fax: 651-6364311 W�ammwcxm STAWMC2W z LLr Q 0 z u- 0 u Lu 0 Ix Z ej =0 0 ce g U)OAC �- Lu 06 Lu W - 71M, DAM SLfNLK 1E ETE WALK 1{ICIL02 C. km GATED DRINKING (5'4"X 7-4") SEE DEMAII-NM04 C1.02R SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL LANDSCAPE ARCHITECT I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. R Katherine Moorman Lamers PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. r � Christopher Long Date: July 23, 2013 License # 44740 Date: July 23, 2013 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS p 2013 Stantecl 193801952 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Invitation for Quotes 0021 13 Instructions to Bidders 0041 10 Quote 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 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 50 00 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 70 00 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 2 — EAsting Conditions 0241 13 Selective Site Demolition Divisions 03 —10 Not Used Division 11— Equipment 11 68 13 Playground Equipment Division 12 — Furnishings 12 92 00 Site Furnishings Divisions 13 —14 Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31- Earthwork 31 23 00 Excavation and Fill TABLE OF CONTENTS C 2013 Stantec 1193801952 000110-1 Division 32— Exterior Improvements 32 1123 Aggregate Base Courses 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 92 00 Turfs and Grasses Division 33 — Utilities 33 05 05 Trenching and Backfilling 33 12 12 Water Services 33 40 00 Storm Drainage Utilities 33 46 00 Subdrainage END OF SECTION TABLE OF CONTENTS © 2013 Stantec 1193801952 0001 10-2 SECTION 00 11 13 INVITATION FOR QUOTES Quotations are due at 10 A.M., CDT, Tuesday, August 6, 2013. Quotations shall be sent to Kate Lamers, the Project Manager, at kate.iamersCa stanteccom. or faxed to Kate Lamers at (651) 636-1311 to 2335 Highway 36 West, St. Paul, MN 55113. The Quotations are for the following: Terra Linda Park and Playground Improvements In general, the Work is generally described as follows: removal of paving and storm sewer infrastructure, erosion control, grading, concrete walks, catch basin, storm sewer, underdrain, sand and geotextile fabric below playground surfacing, concrete playground curb and ramp, bench and concrete pad, turf seed and coordination with a separate contractor installing play equipment and engineered wood fiber in the play container. There are two alternates for this project. Direct inquiries to the Project Manager, Kate Lamers, at (651) 967-4534 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 9c 2012 Stantec 193801952 INVITATION FOR QUOTES 001113-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1- DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Invitation for Quotes may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic 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 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. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within S days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Quote and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Quote Form requiring Bidder's representations and certifications. Q 2013 Stantec 1193801952 INSTRUCTIONS TO BIDDERS 002113-1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground f=acilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 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. INSTR MI O S TO BIDDERS © 2013 Stantec 1 193801952 00 21 ink a 7 4.06 It is the responsibility of each Bidder before submitting a Quote to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E,� consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F agree at the time of submitting its Quote that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Quote for performance of the Work at the price(s) Quote and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.07 The submission of a Quote will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Quote is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. INSTRUCTIONS 70 BIDDERS © 2013 Stantec 193801952 002113-3 ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addendum mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Quote must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Quote 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 Sid 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 Quote 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 Quote Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. INSTRUCTIONS TO BIDDERS © 2013 Stantec ; 193801952 0021 13-4 Ac CERTIFICATE OF LIABILITY INSURANCE 08DATE /20/201320/2013YM 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an andorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER Security -Victor Insurance 5357 Wyoming Trail P.O. BOX 365 Wyoming MN 55092 NJ T Deborah Thompson FAX NE ,x:651-462-3724 PHOM Ne:651-462-0223 u o Ess: Deborah svinsurance.com INSURER(S) AFFORDING COVERAGE NAICO INSURER A : Owners 32700 INSURED Kevin Dunaway Dunaway Construction 17149 Notre Dame St NE Forest Lake MN 55025-8324 INSURIMB: Auto Owners 18988 INSURERC: OWNERS INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER- RFVLSInN NIIMRFR- 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 THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLJCY PROVISIONS. UBR POLICYNUMBER POLICY EFF MIDDmmj POLJCY EXP (MMMDrfyyVj LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE i X ! OCCUR N N 0$01fi441 05/19/2013 05119/2014 EACH OCCURRENCE $ 1,000,000 ffM—X GE TO RENT PREMISES PREMISES Ea aca„re:ree $ MED EXP (An ore person) $ 10,000 PERSONALBADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRC- JECT LOC PRODUCTS - COMPIOP AGG $ 2,000,000 Fire Damage S 300,000 A AUTOMOBILE LIABILITYC05+191NED ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTCS NON -OWNED HIRED AUTOS AUTOS N N 9597069505 05/19/2013 05/19/2014 SINGLE UMI7 1,000,000 acddent EBe BODILY INJURY (Per person) $ BODILY INJURY (Per accideal) $ PROPERTY DAMAGE Per accident $ $ C X UMBRELLA UAB IX EXCESS UAB OCCUR CLAIMS -MADE N N 9597069506 05/19/2013 05119/2014 EACH OCCURRENCE $ 3,000 000 AGGREGATE $ 3,000,000 DED I X RETENT!ON $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABFLITY ANY PROPRIETORIPARTYERIEXECUTIVE r �.I OFFiCELJ WMEMBEREXCLUDED? (MandatoryinNH) Ifes, ydesaihe under DESCRIPTION OF OPERATIONS below NIA N 0$05805G Cil 05!1912413 05/19/2014 WC STATU- OTH- T E.L. EACH ACCiDENT $ 1,000,000 E.L.D;SEASE-EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 OOD DOD DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddUtonar Remarks Schedule, K more space Is required) CERTIFICATE HOLDER rAMrFI I ATInN City of New Hope SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4401 Xylon Ave. N. THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLJCY PROVISIONS. WILL BE DELIVERED IN New Hope MN 55428 AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE °MfDDfYYYY) ,. �.�. Q8/22Q120/2013 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 poiicy(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 endomemen s . PRODUCER Security -Victor Insurance NME Deborah Thompson 5357 Wyoming Trail P.O. BOX 365 PANrc°"IH .651-462-3724 FAX Na,651-462-0223 Wyoming MN 55092 MAIL AD TRESS: Deborah@svinsurance.com INSURERA : Owners 32700 INSURED Kevin Dunaway INsuRERe: Auto Owners 18988 Dunaway Construction INSURERC: OWNERS 17149 Notre Dame St NE INSDREIRD: Forest Lake MN 55025-8324 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. ILTR R TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMBS A GENERAL LIABILITY X COMMERCIAL GENERAL UABILITY CLAIMS -MADE X OCCUR N N 08016441 05/19/2013 05/19/2014 EACH OCCURRENCE $ 1,000,000 DAMA E 1'0 RE D PREMISES fEa occu encs $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY F JPMT F7LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Fire Damage $ 300,000 AAUTOS AUTOMOBILELIABILITY ANY AUTO ALL OVWED X SCHEDULED Amos NON -OWNED HIREDAUTOS AUTOS N N 9597069505 05/19/2013 05/19/2014 COMBINEDSINGLELIMIT 1,000,000 Ea accident' BODILYINJURY (Per pa:sm) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE $ Peraaaident $ C X UMBRELLA LIAB EXCESS LIAS X OCCUR CLAims-MADE N N 9597069506 05/19/2013 05/19/2014 EACH OCCURRENCE $ 3,000 000 AGGREGATE $ 3,000,000 DED I X I RETENTION $ 10,000 $ BANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIEIOWPARTNERIEXECUTEVE YIN OFFICERAAEMBEREXCLUDED? (Mandatory In NH) if p6 describe i nder DESCRIPTION OF OPERATIONS Wow NIA N 08058056 10511912013 05/19/2014 V4C SLATU- OTH- EEL E. L. EACH ACCIDENIT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Rarnaft Schedule, R more space is required) CERTIFICATE HOLDER CANCELLATION Stantec Consulting Services, Inc. 2335 Highway 36 West SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. St. Paul MN 55113 Al1THORD_ED REPRESENTATIVE Email: Kate.MoormanLamers@stantec.com ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (20101D5) The ACORD name and logo are registered marks of ACORD Duplicate Original (4) PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. m. CONTRACTOR (Name andAddress): Kevin Dunaway dba Dunaway Construction 17149 Notre Dame St NE Columbus, MN 55025 OWNER (Name and Address): City of New Hope, Minnesota 4401 Xylon Ave N New Hope, MN 55428 CONTRACT Effective Date of Agreement: Amount: $92,958.00 Description (Name and Location): SURETY (Name, and Address afPrincipal Place of Business): American Safety Casualty Insurance Company 100 Galleria Pkwy SE, Ste 70a Atlanta, GA 30339 Stantec Project No. 193801952; City Project No. 922 - Terra Linda Park & Playground Improvements, New Hope, MN BOND. Bond Number: 10002610 Date (Not earlier than Effective Date of -49reeme)70: August 19, 2013 Amount: $92,958.00 Modifications to this Bond Form: None Surety and Contractor, intendingto be legally bound hereby, subject to the terms set forth below, do each cause this Performance Band to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Kevin Dunaway dba Dunaway Construction (Seal) Contractor' Name an Corporate Seal By: r Signature Print Name Attest: Title Signature Title SURETY American Safety Casualty insurance Company (Seal) Surety's Name and Co orate Seal By: _ Signature (Attach rower of Attorney) Ron Kaihoi Print Name Attorney -in -Fact Titl Attest: Signature Amy Nordaune AU=W-in-Faq Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC 0-510 Performance Band (2007) Prepared by the Engineers Joint Coldmet Documents Committee, 00 61 13.13 Page 1 of3 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. ? 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.I; 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 contrast 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 S 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. S. 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: E1CDC C.610 Perrornmee Bond (3007) Prepared by the bnpineers Joint Cnatrael Doeumenis Canmktee. 00 61 13.13 Pop ora 5.1 The responsibilities of Contractor for correction of defective Work and completion ofthe 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. 14. 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 — (Ncune, Address and Telephone) Surety Agency MMOAREACORA Surety 8t Insurance Services LLC, PO Box 506, Montevideo, MN 56265; Ph: 320-269-8546 Owner's Representative (Ea.* freer or other roi): Stantec ConsWtling Services Inc EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Cbatraei Documents Commdttm 00 6123.13 Page 3 of3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR Name and Address): Kevin Dunaway dba Dunaway Construction 17149 Notre Dame St NE Columbus, MN 55025 OWNER Name and Address): City o h'e Hope, Minnesota 4401 Xylon Ave N New Hope, MN 55428 CONTRACT Effective Date of Agreement: Amount: $92,958.00 SURETY ( Name, and Address of Principal Place of Business): American Safety Casualty Insurance Company 100 Galleria Pkwy SE, Ste 700 Atlanta, GA 30339 Description (Name and Locatlon h Stantec Project No. 1938019,52; City Project No. 922 -Terra Linda Park & Playground Improvements, New Hope, MN BOND Bond Number: 10002610 Date (Not earlier than Effect" Date of Agreement): August 19, 2013 Amount: $92,958.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terns set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL_ Kevin Dunaway dba Dunaway Construction (Seal) Contract 's Name and Corporate Seal By:., Signature Print Name Attest: Signature Title SURETY American Saf Casualty Insurance Company (Sea]) Surety's Name and Co o e Seal By: ignature (Attach Power of Attorney) Ron Kaihoi Print Name Attorney -in -Fact Titl Attest: Signature Amy Nordaune Account Specialist Title Nate: Provide execution by additional parties, such asjoint venturers, if necessary. E1CDC C-615 Paymant Bond (2007) Prepared by the Engineers Joint Contract Mcuments Committee. 00 6113.16 EM 1 ora 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 sunis due. 4: Surety shall have no obligation to Claimants under this Bond until: 4.I 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 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 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 - EJ CDC ork EJCDC C-615 PayrnertBond (2007) Prepared by Um Engineers Joint Contract Documents Commlttm _ 0U 6113.16 Page 2 or 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (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 e in the jurisdiction dithe 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 shalt permit a copy to be made. 15. Definitions 1.5.1 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 a3avokerACORA Surety & Insurance Services, LLC, PO Box 506, Montevideo, MN 56265; Ph: 320-269-8546 Owner's Representative (Engineer or other'!: Kt—f— Q—A--- T...- EJCQC C-515 Payrram Bond (2407) Prepared by the Engineers Jafnt Contra[ oocu na t5 Comm9ttM 00 61 13.15 Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of /lf► ��v or-�a County of _ oxgf i 4d G } On this 2 1 V7 day of h ll S i , in the year 2013 before me personally comes 9�- I(, ,p/ kel Al A , to me known and known to me to be the person who is describ/d in and executed the foregoing instrument, and acknowledges to me that he/she executed the same. WAYW A HOULE Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this day of personally come(s) a member of the co -partnership of in the year before me to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of County of } On this day of , in the year before me personally come(s) to me known, who being duly sworn, deposes and says that he/she resides in the City of that he/she is the of the the corporation described in and which executed the foregoing instrument, and that he/she signed his/her name thereto by like order. Notary Public Number 10402610 POWER OF ATTORNEY �ir�It�rrt�ttas KNOW ALL MEN BY THESE PRESENTS, that American Solely Casualty Irmurance Company has mads. constituted and appointed, and by these presents aloes Make. constitute and ap;*rtts Ron Kaihoi, Montevideo, MN IRS true *ad lawful attorney -in -fast. far it and ds name. place. and stead to execute on behalf of the Bahr Company, as surety. fronds. undsdaiung and sontrads of suretyship to be given to ALL 013USEES provided thetnobond oaf underlsking or contract of suretyship executed ander this authority shell exceed to amount the sum of Nlnety Two Thousand Nine Hundred Fifty Eight Dollars ($92,958.00) This Poirier of Attorney Is granted and is signed and sealed by facsimile ander and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 25$ day of April, 2012. RESOLVED that the President In conjunction with Ina Secretary or any Assistant Secretary may appoint attaimays-In fact or oprrss with suthoray as defined or limniled iq the instrument evidenrat'tp the appo+noram in each case. for arta an boalf of the Company. to execute and dourer and aft the sea! of this Cmilimay to bands, undertakinip. recognitarmw and suretyship obligations of oil kinds; and amid officers may remove any such attorney-rn- fict or aparrt Arad revoke a ny power of attorney previously granted to aueb persons. RESOLVED FUFtTNER, that any !pond, undertaking, recegnizanem. Or suretyship obligation shall be valid and binding upon the Company: (JI when signed by she President or any Vice Pfesident and attested and sealed (if a seal rs required) by any Secretary or Assistant Secrslary or (IQ when signed by the President w any Vice -President or Secretary or Assistant Semetary, and counter -signed and seaaed (if a seal is requirad) by a duly authorized adorney-in4sict Or agent, or Qb) when duty executed and seated (d a seal is rettrrired) by one or more attomay-in-fact at agerrts putsusat to and within the limits of the authority evidenced by the power of attorney issued by the Convony to such person or parsons. RESOLVED FURTHER, that the signature of any authoread officer and Me seal of the Company may be affixed toy Facsimile ao any power of attorney or oeriiltcaC,an thereof authorizing tttE execution and delivery of any bond, undertaking, recognizance, or oftatar suretyship oniigations of the Company; and such signature Arad seal elder e0 VW chill have the $an* force and affaota as though manually affbod.,. iN WITNF,.SB WHEREOF, American Safety Casualty Maurance Comparsy has caused its offaciat not to be hisxed, and these presents to be signed by its President and attestaad by 4s Secretary true 25itr day of April, 2012- Attest. 012 Attest. Ambuj lain STATE OF GEC#fiC, A COUNTY OF COBB On this 25th day of April 2012, bafors me personally came Joseph 0 he is the President of American Safety Casualty Insurance C.ompan knows the seal 41 the* said corporation; that the seas ef[Ixed to the Directors of sold Corporation and that eta signed his name thereto Zi Me krla wn, who, being Illy me duly swam, did depose and say that bad in and which executed Me above inalniment; that he orals Seel, tact is was ata affixed by order of the Board of 59 27, � ' A— . p! 2618 " Ba on Lee ,1e ass, I, the unclemagned, gowdory of Amisncan Safety C*aauisMy Insurance Corzipl<P,yi"Sri Oklahoma corporation. DO HEREBY CERTIFY. that the foregoing and attached Ipmor of Attorney ramairta in full force and ham not been mv*%od. and furthermore that the fiasolubon of the Board of Directors, set forth in the said Paver of Attorney, is now in force Signed and sealed in the City otAtrsnte, to the State of Oeorpia ��„ . -..,- Bated this Lm day of _August 2013 ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA — COUNTY OF CHIPPEWA On this 19th day of August 2013 , before me, a Notary Public within and for said County, personally appeared Ron Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of American Safety Casualty Insurance Company, the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ron Kaihoi acknowledged said instrument to be the free act and deed of said corporation. �OTARYPUBLIC My Commission Expires REBECCA J. RISA NaMry PublJo-Minneacft W Cammftmftn Expires Jan 91, M5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Quote Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Quote 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 Sid 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 Quote Form is included with the Bidding Documents. 13.02 All blanks on the Quote Form shall be completed in ink and the Quote Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Quote Form. A Quote 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 Quote by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Quote 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. @ 2012 Stantec 1 193801952 INSTRUCTIONS TO BIDDERS 002113-5 13.05 A Quote 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 Quote by an individual shall show the Bidder's name and official address. 13.07 A Quote by a joint venture shall be executed by each joint venturer in the manner indicated on the Quote 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 Quote shall contain an acknowledgment of receipt of all Addenda, the letters of which shall be filled in on the Quote Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Quote shall be shown. 13.11 The Quote 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 Quote Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Quotes shall be submitted no later than the date and time prescribed and as indicated in the Invitation for Quotes and shall include the Project title (and, if applicable, the designated portion of the Project for which the Quote is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Quote is sent by mail or other delivery system, the sealed envelope containing the Quote shall be enclosed in a separate package plainly marked on the outside with the notation "QUOTE ENCLOSED." A mailed Quote shall be addressed to Owner's office. INSTRUCTIONS TO BIDDERS © 2012 Stantec 1193801952 0021 13-6 15.02 The Quote shall include the entire Document 00 41 10, Quote Form. This includes all attachments listed in Article 7.01 of the Quote Form and/or all forms included with the Quote Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Quote may be modified or withdrawn by an appropriate document duly executed in the same manner that a Quote 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 Quote 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 Invitation for Quotes. An abstract of the amounts of the Base Quotes and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SURIECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Quote Form, but Owner may, in its sole discretion, release any Quote 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 Quote. 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 Quote of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Quote 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 1 Quote 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 Quote for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Quote 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. © 2012 Stantec 1 193801952 INSTRUCTIONS TO BIDDERS 002113-7 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 Quote 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 INS!, RUCTIONS TO SiDDERS, © 2012 Stantec 193801952 0021 13-8 ' " { BIDDER: DOC,i WENT 00 4110 c a7 C REVISED QUOTE FORM REVISED BY ADDE3 IXW, WO.:L TERRA LINDA PARK & PLAYGROtMD IMPWWMEN TS Clic' PR03ECT NO. 922 STANTEC PROJECT NO. 193801952 NEW .HOPE, MINNESOTA 2023 THIS QUOTE IS SUBMITTED TD: QUOTES DUE: 10 A.P:., OT, Tuesday, August 6, 2013 Kate Lamers c/o City of New Hope 2335 K19tway 36 West St. Paui, MN 55113 1.01 The undersigned Bidder proposes and agrees„ W this Bid is accepted, to end into an Agreawnt with Owner In the tbrm included In the Bidding Docurnie nts tp perform all Work as specified or €ndicated in the Bidding Documents for fie prices and within the times Indicated In this Bid and In accordance with the other terms and concilaons of the Bidding Documents. 2.01 Sidder accepts alt of the term and conditions of fits instructions to Bidders, inching without lkns'tabon these dealing with ttre disposition of Bid Security. The 6Id will remain subject to acceptance for 60 days affix- the Sid Opening, or for such longer pfd of time that Bidden' may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Odder represents that: Bidder has eiuvoned and carefuuy swdled the Bidding Documents, rite other related data iderri9Red in the Bidding Documents; and the foliawktg Addenda, receipt of all which is hereby admowledged. A1. Addendum Date 4rcts i ao/ S. Bidder has tdsited the Site and become famillar with and is satisfied as to the general, local, and Site conditions that may affect Wst. Program, &W performance of the Work. C. Bidder is familiar with and Is satisfied as to all federal, state, and local Lewis and RegAatiom that may affect cost, progress, and. performance of the Work. D- Bidder has 1y studied all; (1) .reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical crxtd€tions in or relating to eking surface or subsurfacestructures at or contiguous to, the Ste (excerpt Underground Fadlit9es) which have been Identified In SC -4.02, and (2) reports and drawings of Hazardous Enviromientaf Conditions that tonna been identified in SC -4.06. E. Bidder has obtained and carefully shucked (or accepts the cons for not doing so) all additional or supplernientary examinad^ hyes3igations, exploreborts, tests, studies, and data concerning tonddions (surface, subsurface, and Underground Facilities) at; or Contiguous to, the Site which may affect cu%progress, or performance of the work or which relate ifl any aspect of the means, methods, teftiques, sequences, and procedures of construction to be employed by Bidder, indudng applying the spexft means, methods, tethrtiques, sNuences, "procedures of construction expressly required by the Bidding Documents to be enphoyed by udder, and safety precautions and programs incident thereto. F. Bidder does not axt*ler that arty further examinations, Investigations, eiVorat ioM WsM situdies, or data are necessary for the determination of this Bid for PerfArmance of the Work at the PdWs) Bid and within the th. and in ar•.r")danrp with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to tfte MA3rk as indicated in the Bidding i omments. ® 2013 St inteC 1293OR952 RE'VM BY ADDENDUM NO. t OD 4110 -1tRj REOSED QUOTE MRM H. Bidder has correlated the inforrroWn brown to Bidder, information and of ions obtained from visits to the Sete, reports and drawings identified in the Srdding Documents, and all additional examinations, imrestigatians, exploration, tests, steres, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, oC discrepancies that Bidder has discovered in the Bidding Dowments, and the wrffl.w resolution thereof by Engineer is acceptable.to Bidder. 1. The Bidding Docunw is arse generally suffident to Indicate and convey understanding of all terms and conditions fix the performance of lite Work for which this Bid is srbmitiseo. K. Bidder will submit written evidence of its authority to do business in the state why the eject Is located not later than the date of its execution of the AgreemwYL 4.01 Skider further represents boat: A. The prices In tuts Bid have been arrived at Independently, without consultation, communicatloq, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The pricess in this Bid have not or will not be knowingly disclosed to any other adder or competitor prior to opening of the tis. C. No attempt has been matte or will be matte by the Bidder to induce any other person or firm to submit or not to submit a lid for tate purpose of restricting competition. 4.02 Bidder understands that the law may require ft Owner, or Engineer at tie Ow ne" s diMCIJIon, to undertake an investigation and subrrdt an evaluation concerning WKIder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waves any and all ciaims, of whatever nature, against Owner, Engirteer and their employees and agents, which arise out of or r to such investgatfor and evaluation, and statements matte as a result thereof, .w=pt for statements that can be shown by dear and convincing evidence to be intentionally false and made vAth actual malice. blotting in this paragraph is intended to restrict Made S rights to challenge a contract puwant to law. 5.01 Bidder will complete the Wont in accordance with the Contract: Documents tor fire following prices): All specific cash allowances are Included in the price(s) set forth below and have been computed In accordance with Paragraph 11.02 of the General Condition,–;. Unit Pilus have been computed in accordance with Paragraph 11.03.8 of the General CbndlWns Bidder acknowledges that estimated quantities are not: guaranteed, and are solely for the purpose of comparison of ads, and final payment for all Unit Price Sid items wilt be teased on actual quantities provided, determined as provided in the Contract Documents. ._o. Rem orbits Q4' Will: i rka iotid Price Br.SE BID: 1 MOBILIZATION LS i $ 2 Sill= GR/1i7ifVG is 1 �Q�d ,fJ ;!}! , 00 3 EXCAVATE AND HAUL FILL OFF SITE LS 1 $ $ 4 REMOVE l9aT MIN()US PATH SY 185 $ �` � $ 5 REMOVE STORM SEWER PIK LF 115 $ ;0' 00 $ b REMOVE SMRM SEWER STRUCTURE EA 2 $ '�-! ` 00 $— J eoo-toe 7 BtIMEAD EXrstlW STORM PIPE EA 1 $ 5. Vo et'? $ S700 : 00 <1 2011 StW teC 1193801952 REVISED QiJC,TE FORM REHiSED BD1JM Y ADDENNo. 1 00 4110 - 2(R) 26 4" NON -PERFORATED PNC DRAINTIl£ LF 75 $ I $ 10 r4yl 27 4" PERFORATED PNC DRAINTILE WITH SOCK LF 140 $ /! 6/ $ 2. 28 6" NON -PERFORATED PVC DRAINTRE LF 140 $ l (• ev $ i 1 + oQ 29 6" PERFORATED PVC DiRAINME WITH COARSE FILTER LF 20 $ /7.00 $ AGGREGATE AND GEOTEXTILE WRAP 30 4" PVC CLEANOUT EA 4 $ D15 -al 31 YARD DRAIN EA 2 $ ,2Tr $ TOTAL - CM BID 0 2013 StmtW 11938019M REvZW sY AMEN" Hm 1 00 4110 - 3M) RNA QtCM FORM 8 R4= - E LOW VOLTAGE ELECTRICAL SERVICE FOR LS 1 $ 5ANrrARY SEWER 9 REL0CATE DRINtQNG FOUNTAIN L.5 1 $ ."yid oyo $ wye, Grp 10 SILT FENCE LF 350 $ 9.40 $ 1q.40,00 11 4" CONCRETE WALK SF 290 $ e" ro $ 17 (!40 e;06 12 CONCRETE RA14P SF 60 $ 10,00 $ 660,4`Q 13 6" CONCRETE PEDESTRIAN RAMP SF 52 14 TRUNCATED DOME PANELS SF 8 $ SC 00 $ �--��F--i+ o0 15 PREMIUM TOPSD L BORROW (LV) C'l 750 $ _.2:F'. 4P _ $ 16 PLAYGROUND MATS EA 6 $ 'Too',00 $ 17 PLACEMENT OF SAND LS 1 $ 15-400 ic: $ / .5w 00 18 GEOTE)(TILE FABRIC SY 341 $ 3.00 $ 119x T a t 19 INSTALL 6' BENQJ EA 1 $ 15,00 ,62 $ a°Siy I ob 2i' PROTECTION OF CATCH BASIN (STREM EA 2 $ 15-0,0 $ 30o oo 21 PROTECTION OF CATCH BASIN (OFF-STREET) EA 2 $ /!�-o, 400 $ TOO f60 22 PLAYGROUND CONCRETE C URB LF 225 $ _ $ 4-74-0, 23 CONCRETE CURB -STREET LF 15 `�i $ oo $ w �:Qo 24 KYDROSEED WJMULCH SY 3300 $ 3, j $ _ _ / cl zj 25 CONNECTTO EXISTING STORM PIPE EA 1 $ '$4o.00 $ Tw"o 26 4" NON -PERFORATED PNC DRAINTIl£ LF 75 $ I $ 10 r4yl 27 4" PERFORATED PNC DRAINTILE WITH SOCK LF 140 $ /! 6/ $ 2. 28 6" NON -PERFORATED PVC DRAINTRE LF 140 $ l (• ev $ i 1 + oQ 29 6" PERFORATED PVC DiRAINME WITH COARSE FILTER LF 20 $ /7.00 $ AGGREGATE AND GEOTEXTILE WRAP 30 4" PVC CLEANOUT EA 4 $ D15 -al 31 YARD DRAIN EA 2 $ ,2Tr $ TOTAL - CM BID 0 2013 StmtW 11938019M REvZW sY AMEN" Hm 1 00 4110 - 3M) RNA QtCM FORM no. Units Qty Unit Price Total Price 0 21313 SWWr E 193SOL952 REVL�D FORM REVISED BY AD MOM NO. 04 41 I4 - 4(RJ ALTERMATE C21O. I,: ADD SATELLITE PLAY 32 COt.]7'AIAlER AREA PLAYGROUND CONCRETE CURB LF 66 � �D � QQ $ � � r 041 33 PLACEMENT' OF SAND LS i $ �� $ 4 0 34 EXCAVATE. AND HAUL FILL OFF STTi= LS 1 $rQii. $G: Jr 35 GEOTEX ILE FABRIC Sy 55 $ �' $ 16 36 4" PERFORATED PVC DRAiMILE WITH SOCK LF 22 $ x. 00 $ 320 -W 37 INSTALL & BEN{ ! EA 1 $ ...3 /�• TOM - ALTERNATE r:a. 1 ALTERNATE NO. L' EXTEND PLAY COMALTMER LF 77 $ 2ev /o + Q� a -:N,5 38 PLAYGROUND CONCRETE CURB 39 EXCAVATE AND KAUL FILL OFF SITE Cl' 23 $ l � QQ - $ 3 N 5 Q� 40 PLACEMENT OF SAND LS 1 $ TOO 010 It" 41 GEOTOMLE FAMUC: Sy 59 $ $ 42 4" PERFMTED PVC DR;4UMLE WITH SOM LF 20 $ . 115'00 $ 200,00 43 INSTALL & BENCH EA 1 $ $ $ �' � 1400 TOTAL - ALTERNATR 140.2 0 21313 SWWr E 193SOL952 REVL�D FORM REVISED BY AD MOM NO. 04 41 I4 - 4(RJ 6.01 Binder agrees that the liwi'ork will be SubstanUly Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 of the Genoeral Canditiorts on or before the dates or within the number of iaiendw days Indicated In the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of Mum to complete the Work vw'ihin the time$ WOW above, which shah be stated in the Agreement, 7.01 The fallowing dowmeres are attached to and made a condition of this Bid: Requited Bid SmOty In the forrn of S pea t 8.01 The terms used in this Bid with Initial capital letters have the meanfts stated in the Instructions to Bidders, the Genal Cbndidonsi and the Supplementary Condibons. If 9idder Is: SUBM1lTIM on 2013. Name (typed or printed): t f` By: e2z s (Tr4yidual's -ftnabure) ; Doing business as: _ _ 1..1e' �l 4 kss.,ew cE'I �/ c- ed r. I Business Street Address (Ido P.O. Box #'s). � Phom No.: i f �` M • _ _-- ! Fax No.: e -mall address: '� "wt 'L�s [ec4tt C0.0--1 Z ZD13 RoM 1191952 RMED BY ADpEHD M NO. i 00 4L 36 - 5M REYlSE D QUaM FMM Partnersup Mame: 'SEAL) By: (Signage of gerieral partrw) Name (typed or printed), Business SVW. Address (No P.C]. Box #'s): Phone No.. _ e-mail address: Fax No.: Corporation Name: SEAL) 5bis of Ynoorporat►on: Type General nom, F vfw0onal, Service, Limited iiet>lity): (Signature) Name (typed or printed): Title: — Attest (CORPORATE SEAL) (Signature of Ctxparate wry) Business Street Addy (No fy 4. Box Phone Nw Fax Mm e-mail address: _ t 2013 SSanteC : 19=952 Rsasm Q-Jo4E fom REMED 8Y ADDBMM! NO.1 00 4110 - 8(9' A Joint Venture Joint venture Flame: (SEAL) By: Name (typed or printed): Title: Business address: (Signature of joint venom parh-ter) Phone No.: Fax No.: e-mail address: Joint Veraurer Name: BY: (Signature) Name (typed or printed): Title- Business Sheep: Address (No P.O. Box #'s): Phone No.: Fax Na.: Phone (lumber, Fax Number, E-IrW Address and Mailing Address for recelpt of official communications: (Each joint venturer must sem. The manner of ming for each indtviduai, partriership: and corporation that is a party to the fount venture should be in the manner Micat:ed above). �iIZ�7;�rT�i uF� tli 0 8313 Stader i 193801952 REVISED BY Ai ERMIM NO. 1, 00 4110 - 7(R) REVISED QUOTE FORM XdBovd Bond Number=02610 CONTRACTOR: SURETY: Name, xsa w wd addmu) (Mensa,. kgalitaAw axdpdxcipal p ofbi *w) Kevin Dunaway dha Dunaway Construction American Safety Casualty Insurance Company 17148 Notre name Feet NE: 000 Caalleris Pkwy SE, Suite 700 Columbus, UN 55025 A�tanta, UA 30338 OWNER. #Vam kg,al siatarr cad addm,) City of New Hope 4401 Xylon Avenue North New Hope, mAN 554284898 BOND AMOUNT-. Five Percent (5%) of Amount Bid PROJECT- host to Emeed $5, O00 ,Tan% banlim araddrrtr, aud.Prra =Ww eagj Now Hope Terra Linda mark and f'rayground tmpmvements New Hope, ELAN is docvmaat has i portant iega vsesluences. Consultation with attorney is encouraged with pest to its coaapletion or singtiar =&-r== to t Clor, Surety, Owner as r party shall, be consider €I where applicable. -Me Contractor mad Surety are bound to the Owner in the amount set forth above, far die payment of which the Contractor and Surety hind themselves, ti= heirs, execmoss, admiuistmtow, miccenors anti assigns, jointly and se retally, as provided her it Ilm condiitsoas of this Band ane such that if the {honer accepts die bid of the Contrac= within the time specified in the bid docetments, or within such true period pus may be agreed to by the Owner and Contractor, and the Contractor either (i) enters tato a contract with the Owner in accnsdance with tine tetras of such bid, suwd.gives suds bond or bonds as may be specified in the bidding or Con== Documents, with a surety admitted in the jurisdiction of die Project and otherwise acceptable to the Clvmez, fox the faithfisl performance of such Cotsu= and for the prompt psyrmmt of labor and asaw-dA mud is the prosecution thcreo,& or (2) pays to the Owner the difference, not to "=ed the amount of this Bond, between Ilse amount sgeci&A m said bid and such larger amount for which the C►Wner may in good faith suatcactvvith another parry to perform the work covered by said bid, dmn this obiigaf m. shall be nun and void, otherwise to xemain in foU force and effect. The Surety hem} waives any notice of an. agreement .between the Ownaet and Coustractot to embmd the time. in which the. Owner may accept the bid- Waim of notice.�y the Surety ehall not apply to wy extension ==edkg rutty (ti{i) days in the aggregate beyond the time for acceptance of bids specified in the bid cdaruments, and the Ounsea and Contractot shalt obtain the SuWWs consent for an extension beYund smy (60) day& If this Boni is issued in connection with i stsbconttacto?s lad to a Contractor, the term Conu=ior in this Bond shall be deemed to be Subcoattoetor and the term Owner shall be deemed to be Contractor. r By arrangement witdt the Ame&wi Ins irWe of Architects, the Natimai Assochif in of Surety Bond h �!, Producers (NASBP) (www.ttasbp.org) makes this 17rm doemnent avagable to its members, affiliates, and F associates in Miewsoii Word format for use in the regular course of surety Wsines. NASBP vouches that A. the tuiginal text of this donut mt cot toms e=tly to the text in AIA Document A3I0-2DI0, Bid Bons3, sequent modificatitats may be matte to ibe original text of this doctuttent by users, so camfui review ofits wotdfag and cousuttatiats with an attorney are e= ut<aaged before its c mupledon, execution or axeptaum When this Bond bas been ru=shed to comply with a siau mry or other IeVI regttireramit in the location of The Project, any provts'an is this Bnsui confliceing vnth said s#atvtory or lq�W requiter mt shall be deemed deleted herefroxn acrd p%oviskm caufarming to such statutory or other legal require new shalt be deerned i u=pomted heveim When so fnmishcd, the Ment is that ibis Hood shit be owstrved as a statutory bond and not as a common tarn gond.. Sipcd and erased ".Un tiny ofJmi , Kirin. ©oaat=y Oa Dunaway Cons tuition (t'+ifl{Seal} (tYiioness) , , (Title) Band x�+Oraruau �une�s) ArneMp &t& Castwity InauMg2g Coni n (XIMOM (Seat) )7,47, lispMnhea, By arrangement suint the American Institute of architects, the National AssocWon of Surety Bond Fb Producers (NASBP) (www.rmbp.org) makes this farm document available to its members, affiliates, a©d asswiftles in Micrasoft WOW fomtat fOr use in the regular course of surety bus inm.NASBP vouches that N the ortinat tent of Ibis document confi a3s exactly to the text in. ALA Document A310-2010, Bid Bond Subsequent modWwWons may be made to thv originai text ofdds docurnmtt by users, sOcomtttl review ofits wording and ConsultWon with an attorney an emotnged before its completion, execution or ameptance. ACKNOWLEDGMENT F lP-1UNCIPA (Cn rividua.0 State of County Of On this day of -�' . H - , in the year :.a: 1 , before me personally comes . :. r ` 4-I I �. to me known and known to ane to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same. ti „ NOW Notary Public state Of County of On this clay of perscmnally come(s) a member of the co -partnership of in the year = , before me to we known and known to me to person who is described in and executed the foregoing instrurnent, and acknowledges to me that he/she executed the same as the act and deed of the saki ro-partnership. State of County of On flus day of belshe resides in the City of Notary Public in the year__-_____, bef me personally came(s) to me known, who being duly sworn, deposes and says that that he/she is the of the the corporation described in and which executod the foregoing instrcrnent, and ftt he/sbe signets Wvher name f w o by like order. Nota+ Public NuMber 10002610 MOM KWW AL1. M BY THEM PRESe t t3 Salty CaWW MOMOM CW�MI'has mft MWWM 90 MMMW4 and by i Ron Kaffid, Montevideo, MN Vii* asld, i.amarrwt lcL for:iiand ltt n ,i F=+ s%W to, ®fie an b ehalraf the said fmrvarsy. as. suwly. bmrtsts sndmwnq.md tcati6b+� ofsursisi}� tc #s� � ALL OB GEM A #wt4obxW at wWe*f 6 i%' cOrk4act of op emoutad under tib awmay shad oxmd frt waOt mMe sum of $1,000,000.00 TmiF 6fala,�andIs�j :trWmmWbjif rnste-wOetlWbtttfte.�yofthis:faN AOWI*n�OYOwBaardd [ .a#*.. 6f � " day aie�p � �32. ti►� � � � � � az ;qty rent � � � �-a��, s�tnn�y as d�lesi qtr tlsnited � itssd i� erad Tha in easels tele, fry � tin � of [he �4rrpsany. � tb ar�dr arKf.af6ix S��f`�ttet'�1ttpAlpy'Wt►aridf; ��, r�tltd, ttrad<sstt+�fdp � d -a# finds; aYtd d�qi of�r e+aY F stst*at� �= •Giot'�t�ltl� �74rarof�►P�t grartsa to per. . 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IN wmms Wti�, �n taw a � �PMY fer ucairsrrsf its Ofte! coal to be d, and flow- pr nts to tm suited byft �:rtt *r€ atteaW by&. ry t*2M say of Apse, 2012_ .t STATE [ip ewmrm Erni¢ +septi a, rrxr fsn*wr6 who. bft by am shay swain* did d '€W wy ftl � � � ps�d�ira�AEEld �-mad aicau�•.�t� tt�t:#sa t � staal.atty Nse t�fs so ai�c iay �rsfer sif the hoard of s him thdrsto . . MAA.' , BA Uft c 4 dndedf of � f }�.}W00 �L'.[. b' YGIf� 7 fF {i 7i1ki�. �.iW i� _may edyPo i'��►{tF,f.�y y. t a7��tsgIn f 1 tins n0timmiat aed i tsar ore OrA the Res at the Board a#Olre , cm -faith Iil iiID gpWi'LT1lG.�E3 �tpyu�iYi� W, ii� �3i iw,w. , *d �. itre 04 d,Rlib+U. im Vw stf► of t3WbVe !ties of � • 2 13 AC11240'NLE GE ArMENT CF S� I -! TY STATE OF NUNNESOTA COUNTY OF CHIPPEWA On this 2nd day of August , 2013 , before me, a Notary Public within and far said County, personally appeared Ron Kaihoi to me personally known, wbu being by me drily sworn hetshe did say that hs/abe is the attorney -in -fast of American Safety Casualty Insurance Company, the rorpaiation named in the foregoing instrument, and the seal affixed to said instrument is the corporation sem of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ron Kaihui acknowledged said instmment to be the free act and deed of said corporation. L,-�� L My Commission Expires I 1 -As � € C ��s �, � ,!1 0'!, 2075 SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the Cily of New Hope. Minnesota (hereinafter called Owner) and Dunaway_ Construction (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: removal of paving and storm sewer infrastructure, erosion control, grading, concrete walks, catch basin, storm sewer, underdrain, sand and geotextile inside play container, concrete playground curb and ramp, bench and concrete pad, turf seed. There are two alternates for this project. 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: Terra Linda Park and Playground Improvements for the City of New Hope, Minnesota, City Project Number 922. 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. Work can commence upon contract approval. An approximate start date of September 3, 2013 is anticipated. B. All Work will be Substantially Completed on or before November 1, 2013, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before November 15, 2013. C. The installation of new play area equipment will be completed, under a separate contract, simultaneously with this project. Coordination between crews on the site will be required in order to complete the work without conflict. The schedule for the contract involving the play equipment is as follows: 1. Install new play equipment in play equipment container: September 18 — 28, 2013 2. Install engineered wood fiber in play equipment container: October 7-13, 2013 AGREEMENT FORM © 2013 5tantec 1 193801952 005210-1 4.03 Interim Completion Dates A. Due to the required coordination with other work being completed on the site, interim completion/work dates have been identified for this project. 1. Construction access, tree protection, erosion control, site preparation for the play equipment container, including removals, grading and sub -base preparation and other measures necessary for play equipment installation shall be completed by September 18, 2013. The Owner's separate contract for equipment installation (by others) states that "Installation of the equipment will be completed within 10 working days of prepared site" (September 18-28, 2013). 3. Installation of the sand base and geotextile fabric should begin after play equipment is in place and be completed by October 7, 2013. Installation of the engineered wood fiber by others shall be done by October 13, 2013. 4.04 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 $250 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $250 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 Ninety -Two Thousand Nine Hundred Fifty -Eight Dollars and No Cents ($92,958.00) for the Total Base Bid. 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. � AGREEMENT FORM c0 2013 5tantec 1 193801952 005210-2 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 14.02.85 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 Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data Identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports AGREEMENT FORM c0 2013 Stantec 1193801952 005210-3 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. 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. fi. Drawings bearing the following general title: 54th Avenue North Valve Replacement. 7. Addendum No. 1. 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. © 2013 Stantec 1 193801952 _ 005210-4 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 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. 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 Celcations 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. Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything,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 2013 Stantec 1 193801952 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on _ , 2013 (which is the Effective Date of the Agreement). Owner: City of New-klQpekMinnesota Address for giving notices: CITY OF NEW HOPE 4401 XYLON AVE NO. NEW HOPE, MN 55425 Designated Representative: Name: KIRK MCDONA Title: CITY MANAGER Address: 4401 XYLON AVEC. NEW HOPE MN 5542 Phone: 763-531-5100 Facsimile: 763-531-5136 Contractor: Dunaway Construction BY�j l Attest: Address for giving notices: A Wye - License No.: (Where Applicable) Designated Representative: Name: Title: Address: Phone: Facsimile: END OF SECTION AGREEMENT FORM © 2013 Stantec 1193801952 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): CONTRACT 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 SURETY (Seal) Contractor's Name and Corporate Seal LIM Signature Print Name Title Attest: Signature Title Surety's Name and Corporate Seal By: 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 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional Iegal, 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. b. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been 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 (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 I3.I3 Pme 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 Contractor's Name and Corporate Seal By: Signature Print Name Uml Title Signature (Seal) M Surety's Name and Corporate Seal 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-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. �. 00 61 13.16 Page 1 of 3 (Seal) 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. 006113.16Page 2of3 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 famish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract. or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — ( Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paue 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 A E � matin 81soclety *f V7 Baia O. &~ W- #tts Pa is AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.ore 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.asee.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF C01WENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... I 1 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace i 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AR rights reserved. Page iv 00 72 05 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 63 17.02 Computation of Times....................................................................................................... 17.03 Cumulative Remedies........................................................................................................63 17.04 Survival of Obligations......................................................................................................63 17.05 Controlling Law................................................................................................................63 63 17.06 Headings........................................................................................................................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AR 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (iii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition ---The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 2 of 62 00 72 05 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 X35 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 — PRELDUNAIRY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 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 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 8 of 62 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge ofz and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If� during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: L 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 0-700 Standard General Conditions of the Constrnction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AR 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof; Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 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. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditiam of the Construction Contract Copyright C 2007 National Society of Processional Engineers for E7CDC. All rights reserved. Pape 13 of 62 00 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 Contrartnr 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; (u) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 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. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. if the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.0l.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5,02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 Coatract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 7205 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own Iiability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Evghmrs 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 party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 20 of 62 007205 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 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AU rights reserved. Page 21 of 62 00 72 05 and insurance required of such parry by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 .labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved. Pace 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 7007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 72 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if- a. f a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 24 of 62 007205 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to fumish 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 Contru Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 ... 0072 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if� to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. 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 perforins any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and . the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved, Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.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. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsble 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 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 007205 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. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 007205 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCAC C-700 Standard (General Conditions of the Construction Contract Copyright ® 2007 National Society of Professlonal Engineers for EJCDC. Ali rights reserved. Page 33 of 62 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of - 1. the preparation or approval of or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 34 of 62 00 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 aII performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All ri W reserved. Page 35 of 61 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 13.03.13. 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. VJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 007203- 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-706 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will fim ish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. if Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Profenionsi 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 nn the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineers Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if� in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article lb within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.]3, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pam 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof; and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 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 11.0 1. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page" 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. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l .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. I 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. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01 I.C. EJCDC C-700 standard General Conditions ofthe Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. Ali rights reserved. Pa¢e 45 of 62 7205 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Paee 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 Emit 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 TMES 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 Clain for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0I.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0I.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.I and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shallbe five percent; EJCDC C-700 Staudard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.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 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will he the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the parry making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of .Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and .Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. AD rights reserved. Paee 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof; Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paze 51 of 6E 00 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 thereon Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserves). Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief. a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 54 of 62 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 iii in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction an Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 Nations] Society of Professional Engineers for EJCDC. All eights reserved. Paae 55 of 62 0072 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. It after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will., within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with 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. finless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 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: After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (in) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: I. 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. It 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.023, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fiir and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 0s upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a Imitation 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. 17.05 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions orthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AR rights reserved. Page 63 of 62 00 72 05 SECTION 00 73 OS SUPPLEMENTARY CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 electronic (PDF) version of the Contract Documents.. Limitations of use of electronic documents are described in the instructions to Bidders and General Conditions. ARTICLE 4 — AVAILABILITTY OF LANDS. SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.04.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of Cl/ASCE 38-.2, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data". ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EICDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.03.B Delete Paragraph 5.03.6 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 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: © 2013 Stantec 1 193801952 SUPPLEMENTARY CONDITIONS 007305-1 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 $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $1,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street SUPPLEMENTARY CONDITIONS Oc 2013 Stantec 1 193801952 007305-2 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. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01". SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.8 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days". Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days". ARTICLE 11- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-11.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: © 2013 Stantec 1 193801952 c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof 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. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SUPPLEMENTARY CONDITIONS 007305-3 SC -11.03 Delete paragraph 11.03.1) in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 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 14.02.65d: 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 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.6, but not including any claim in excess of $100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or Consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.C, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or SUPPLEMLN I AIKY LUNU111UNb ® 2013 Stantec . 193801952 007305-4 equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION @ 2013 Stantec 1 193801952 SUPPLEMENTARY CONDITIONS 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 incidental to the Project and included in the Total Base Quote. 1.03 SUMMARY OF WORK A. Project Name: Terra Linda Playground and Park Improvements for the City of New Hope, Minnesota, and City Project No. 922. B. Description of Work: The project generally includes site work to remove existing pathways and storm sewer infrastructure, install a new play container, erosion control, grading, concrete walks, catch basin, storm sewer, drain tile, sand and geotextile fabric playground surfacing preparation, concrete playground curb and ramp, bench and concrete pad, and turf seed. Play equipment and engineered wood fiber mulch for the playground surface shall be provided by others; see Section 01 10 00 for coordination requirements. C. Project Warranty: 2 years from the date of substantial completion. D. City Provided Items: Prior to construction starting, City shall remove former play equipment, concrete curb footings, ramp and benches. City shall remove sand from the primary play equipment container and stockpile sand for use by Contractor. Location of sand to be determined with the City prior to the bid. The City shall dispose of excess unused sand. E. Contractor shall coordinate project scheduling, grading, paving and other pertinent construction elements with play equipment installation, which will be completed as a separate project and contract. In general the play equipment installation shall require the following coordination and scheduling: Play Equipment installation shall include the following components as manufactured by Landscape Structure: Play structure for ages 5 — 12 Play structure for ages 2 — 5 (1) Swing set — single bay Play equipment should be installed after the play container sub base is prepared and prior to installation of sand (drainage aggregate), drain tile, concrete ramp, sand and geotextile fabric. Engineered wood fiber by others shall be installed after the sand and geotextile fabric are in place. Specific scheduling and sequencing must be verified with play equipment installation contractor. © 2013 Stantec 1193801952 011000-1 City contract for play equipment requires that installation of equipment will be completed within 10 working days of prepared site, and engineered wood fiber will be completed within 6 working days of prepared site. Contact Engineer/Landscape Architect for additional information about the play equipment installation. This project has two alternates. See Section 0120 00 Price and Payment Procedures. 1.04 COMPLETION DATES A. Site prepared for play equipment installation: Set forth in the Agreement B. Site prepared for engineered wood fiber installation: Set forth in the Agreement C. Substantial Completion: Set forth in the Agreement. D. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Construction access to the site shall be from Lamphere Drive to the east of the site as shown on the drawings. Contractor shall protect surfaces used for access, or repair any damage caused at no additional cost to Owner. 2. Residents shall have access to all side streets and driveways. Contractor shall not obstruct parking lot entrance, circulation, or accessible stalls. C. Construction Hours: Contractor must abide by the following hours per City ordinance: 1. Monday through Friday: 7 A.M. to 9 P.M. 2. Saturday: 9 A.M. to 9 P.M. 3. No work on Sundays or Holidays. D. Access to Water 1. Owner shall provide water for project construction. Contractor is required to supply an RPZ valve in order to connect to a hydrant. Contractor to notify City which hydrant is to be used for construction water. Any damage to public or private property from hydrant connection must be repaired or replaced at no cost to the owner. No meter is required, PART 2 PRODUCTS Not Used. © 2013 Stantec 1193801952 PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2013 Stantec 193801952 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 I. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 ALTERNATE ITEMS A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as a part of that Alternate. Refer also to the Specifications and Drawings for further information. The descriptions of work involved in each Alternate Item are given as a guide only and are not intended to include every trade or item of work in each Alternate. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 2: Satellite Playground Addition I. In general this alternate consists of the extension of the playground to the south, as shown on the Plans. Components of this alternate include, but are not limited to, concrete playground curb, sand base, geotexdle fabric, underdrain adjustments, and modifications to the turf and topsoil quantities. D. Alternate No. 1. Playground Extension 1. In general this alternate consists of the extension of the playground to the west, as shown on the Plans. Components of this alternate include, but are not limited to, concrete playground curb, sand base, geotextile fabric, underdrain adjustments, and modifications to the turf and topsoil quantities. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price Work. B. Provide documentation to substantiate Bid Unit Price Work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. © 2013 Stantec 1 193801452 PRICE AND PAYMENT PROCEDURES 012000-1 1.06 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Format the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference, PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2013 Stantec 1193801952 012000-2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PARTi GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way. 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. C. The following utilities may be on site and locations should be verified by Contractor: 1. Electric: Xcel Energy 2. Gas: Center Point Energy D. Owner requires a 48-hour notice for all utility interruptions, 1.04 PERMITS A. Apply for, obtain, and comply with the provisions of the following permits: 1. Minnesota Department of Transportation (MnDOT) Permit for Work in State Highway Right -of - Way. B. Apply for, obtain, and comply with other permits, licenses, and approvals which maybe 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. B. Engineer will perform regular construction observation, but will not be on site full time. Contractor must plan for Engineer to have limited site time and combined approvals in one trip. 9) 2013 Stantec 1193801952 PROJECT MANAGEMENT AND COORDINATION 013100-1 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. 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, procedures for submittals, processing application for payment and maintaining required records. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings, as needed, 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 © 2013 Stantec 1193801952 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 Quote. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Indude estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. O 2013 Stantec 1193801952 SUBMITTAL PROCEDURES 01 3300-1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.04 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2013 Stantec 1 193801952 013300-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections I. Section 3123 00 - Excavation and Fill. 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 hacari nn tha fniinwinn- 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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. PART 2 PRODUC1rS Not Used. @ 2013 Stantec 193801952 TEMPORARY FACILITIES AND CONTROLS 015000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100- 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 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. PART 2 PRODUC1rS Not Used. @ 2013 Stantec 193801952 TEMPORARY FACILITIES AND CONTROLS 015000-1 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. D. Tree protection, fencing, site securing, protection of walks, curbs and other site conditions. E. RPZ valve and other provisions to connect to City water source. See Summary 01 10 00. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the Site as directed by Engineer. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Use of new or existing hydrants is prohibited, except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. 3.04 CONSTRUCTION FACILITIES A. Contractor may use City Hall restrooms during open hours. Any on site Sanitary Facilities provided by the Contractor must comply with the following: 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. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. TEMPORARY FACILMES AND C0NTROLS © 2013 Stantec 1 193601952 015000-2 B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 3.06 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging 1. The Contractor shall provide a method of protecting traffic from open excavation areas. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification 3845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights - SAE Specification J1318. 3.,07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Contractor should be aware that park will remain open and in use during construction activity. Provide a barrier, such as snow fence, around all construction activity to protect Work and warn park users to stay out of the construction area. Sign area appropriately. 2. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 3. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repair. B. Temporary Fence I. Install as directed by engineer. 2. Maintain and repair fence throughout the duration of the Project. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1 193801952 015000-3 SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including Installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be based on Linear Feet. Payment shall be for the Plan Quantity of Silt Fence unless additional quantity is approved by Engineer. b. Protection of Catch Basin, Street: Measurement will be by each. c. Protection of Catch Basin, Off Street: Measurement will be by each. 3. All other Work and costs of this Section shall be incident@[ to the Project and induded in the Total Base Quote. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 2. Section 32 92 00 — Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Constructlon," 2005 Edition (MnDOT Spec.) 1. 2130 — Application of Water. 2. 2573 -- Storm Water Management. 3. 2575 — Controlling Erosion and Establishing Vegetation. B, MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.213 and submitted each week that construction is active. © 2013 Stantec 193801952 TEMPORARY EROSION AND SEDIMENT CONTROL 015713-1 B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. 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, does not conduct the inspection required in the NPDES permit, or falls 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 $2,000 per calendar day deduction for noncompliance. TEMPORARY EROSION AND SEDIMENT CONTROL © 2013 Stantec 193801952 015713-2 H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 BIOLOGS: Conform to MnDOT Standard Specifications. 2.02 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 3890.3 subject to Site and approved by the Engineer. 2.03 CONTRUCTION ENTRANCE AND CURB PROTECTION A. Wood Slash Mulch Construction Entrance 1. Raw wood slash only. No chipped -up manufactured wood or chemically treated wood is allowed. 2. Splinter material to an average approximate length of 6 inches with a maximum length of 20 inches. Bark and wood splinters less than 2 inches long shall not exceed 20 percent by mass of the material. 3. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 4. Minimum Thickness of Mulch Placed: 12 inches. 2.04 BIOLOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.05 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 -percent wood fiber mulch. 2.07 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. ® 2013 Stantec 1 193801952 TEMPORARY EROSION AND SEDIMENT CONTROL 015713-3 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 Curb Protection and Construction Entrance. 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. D. Hydromulch: Industry recommended application rate is 2500 - 3000 Ib/ac on 1:3 slopes and steeper and/or where a small amount of runoff is anticipated down the slopes. Hydromulch does not resist concentrated runoff well. Unless you specify otherwise, MnDOT Spec 2575.3H5 specifies a rate of 2100 Ib/ac. E. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re-establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. TEMPORARY EROSION AND SEDIMENT CONTROL © 2013 Stantec 1 193801952 015713-4 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. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contactor 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 'Jc 20I3 Stantec 193801952 TEMPORARY EROSION AND SEDIMENT CONTROL 015713-5 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents, 2, Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. © 2013 Stantec[193802152 EXECUTION REQUIREMENTS 017000-1 C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details for record documents. 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. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. B. Clean and perform maintenance as frequently as necessary throughout construction period.. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 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 withhold! na,tax@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2013 Stantec 1193802152 017000-2 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete removal of selected areas of bituminous trail, removal of selected areas of concrete walk, removal of existing play container draintile, removal of existing catch basin and storm sewer infrastructure. B. Related Sections 1. Section 3123 00 — Excavation and FII. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for "Remove Bituminous Path". Bid item includes removal, disposal, and sawing existing trail. Payment shall be per Square Yard as shown on the Drawings. 2. A Bid Item has been provided for "Remove Storm Sewer Pipe". Storm pipe must be removed and not abandoned in place and shall apply regardless of pipe diameter, from the center of the manholes or catch basins. Payment shall be per Linear Foot as shown on the Drawings. 3. A Bid Item has been provided for "Remove Storm Sewer Structure". Bid item includes removal of the structure, includes the base slab, casting and all adjustment rings. Payment shall be per Each as shown on the Drawings. 4. A Bid Item has been provided for Relocate Low Voltage Electrical Service for Sanitary Sewer. Payment shall be by Lump Sum. Bid item includes all work to relocate the electrical service due to the playground container and site grading work. Two one -inch conduits containing the low voltage electrical wires are buried at a shallow depth of less than three feet. S. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2104— Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or dose off pipes and structures so that no settlement or flow can occur. 9) 2013 Stantec 1193801952 SELF{ rIVE SITE DEMOLITION 024113-1 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 3123 00. 3.02 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways except for where removals are taking place or for safety reasons. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. SELECTIVE SITE DEMOLITION © 2013 stantec d 193801952 024113-2 F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.03 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.04 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.05 SALVAGE AND REINSTALL A. Signs I. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. 3.06 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction, B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.07 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION © 2013 Stantec 193801952 SELECTIVE SITE DEMOLITION 0241 13-3 SECTION 11 68 13 PLAYGROUND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Provide sand (drainage aggregate), and filter fabric as shown on the Drawings and specified herein. Prepare the site and container for Installation of engineered wood fiber mulch as detailed; the engineered wood fiber mulch shall be installed by others and is not in contract. Coordinate work with separate contractor installing play equipment and engineered wood fiber mulch. B. Provide playground mats as shown on the Drawing and specified herein. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for "Placement of sand". Payment for the placement of sand (drainage aggregate) shall be by lump sum as indicated on the Bid Form for both recycled and imported drainage aggregate for the material depth as shown on the Drawings. No measurement will be made of the drainage aggregate within the drain tile trenches as that material is incidental to the lineal foot bid price for the drain tile. Existing sand (drainage aggregate) from the large play container will be stockpiled on site by the City. Contractor's responsibility is to use the quantity of sand needed to provide a drainage base for the play container as shown in the Drawings. The City will remove excess sand. All protection, placing, grading, leveling, and compaction is incidental to this Bid Item. B. A Bid Item has been provided for "Geotextile Fabric". Payment for geotextile filter fabric shall be by the square yard installed as indicated on the Quote Form. C. A Bid Item has been provided for "Playground Mats." All labor and materials necessary for the installation of the playground mats shall be measured and paid for on a unit price basis as listed in the Quote Form. 1.03 RELATED SECTIONS A. Section 3123 00 — Excavation and Fill B. Section 32 13 14 — Concrete Walks, Medians, and Driveways C. Section 33 46 00 — Subdrainage 1.04 REFERENCES A. Latest edition of the ASTM's "Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment." ASTM F1292-99. B. Latest edition of the ASfM's "Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment." ASTM F1951-99. 9 2013 Stantec 1193801952 PLAYGROUND EQUIPMENT 116813-1 1.06 SUBMITTALS A. The Contractor shall submit a 24" by 24" sample of geotextile fabric upon request. PART 2 PRODUCTS 2.01 DRAINAGE AGGREGATE A. Recycled sand the former play container shall be used as drainage aggregate under the new play container. B. Additional imported drainage aggregate shall consist of clean, washed, rounded sand particles free of debris and delivered to the site and handled in a manner to prevent contamination. Sand must conform to MnDOT 3149.210. 2.02 GEOTEXTILE FILTER FABRIC A. Geotextile filter fabric shall be Geotex® 401 by Synthetic Industries, 130 EX by LINQ Industrial Fabrics, Inc., Typar® 3301 by LINQ Industrial Fabrics, Inc., Mirafi® 140N by TC Mirafi or prior approved equal. 2.03 PLAYGROUND MATS A. Mats for protection of filter fabric and surfacing under swings and at slide exits shall be 4' by 6' by 2", as supplied by Dynacushion, or prior approved equal. PART 3 EXECUTION 3.01 INSTALLATION A. Geotextile filter fabric shall be installed per the Drawings and the manufacturer's details and recommendations. B. Playground mats shall be installed per manufacturers' instructions. END OF SECTION PLAYGPOUND EQUIPMENT © 2013 5tantec 1 193801952 116813-2 SECTION 12 92 00 SITE FURNISHINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes I. The work in this Section includes the furnishing all labor, equipment, materials, including anchorages and fittings, and performing all operations, including fabrication, delivery, and installation, required for Site Furnishings as shown in strict accordance with the Construction Drawings and as herein specified. B. Related Sections 1. Section 32 13 14 — Concrete Walks, Medians, Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Install 6' Bench. Payment is for providing fully installed, anchored bench in accordance with the Drawings and as specified herein. Measurement of the Bench is by Each, in accordance with the Drawings. Payment will be made at the Contract price per number installed. 1.03 REFERENCES A. Reference Standards: The following publications form a part of this Specification to the extent referenced. The publications are referenced in the text by basic designation only: 1. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 2. ASTM: American Society for Testing and Materials. 3. NBGQA: National Building Granite Quarries Association. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Coordinate Installation with the representatives of the other trades on Site and Owner's Representative to facilitate Work and avoid conflicts in construction sequence and Site furnishing and other construction. B. Scheduling 1. Prior to starting Work, submit for review by the Project Landscape Architect/Owner's Representative, and approval by the Owner, a schedule showing the commencement, order and completion date of the Work. © 2013 5tantec 1 193801952 129200-1 1.05 SUBMITTALS A. Submit all required items for approval before work is started. B. Action Submittals 1. Product Data: For each stone type and each manufactured product shown on Drawings or specified. a. Product data submittals shall including physical property data for each stone type. 2. Shop Drawings. a. General: For each item specified, provide information showing complete detail, location in the project, material and size of components, method of joining various components and assemblies, finish, and location, size and type of anchors. b. Mark items requiring field assembly for erection identification and furnish erection drawings and instruction. c. Provide templates and rough -in measurements as required. d. Show fabrication and installation details for stone. Include dimensions and profiles of stone units. 3. Samples a. Samples of selected color and finish for Benches. C. Informational Submittals 1. Certifications: Submit a letter of certification from the manufacturer, stating the material being fumished is the specified material and there are sufficient reserves available to supply the Project and furnish replacements if needed. 2. Qualification Statements: Submit qualifications data indicated under Quality Assurance for the following: a. Installer. b. Fabricator. D. Closeout Submittals 1. Warranty Documentation. 1.06 QUALITY ASSURANCE A. Regulatory Requirements 1. Contractor shall obtain all permits and pay all required fees to any governmental agency having jurisdiction over the Work. Inspections required by ordinances during the course of construction shall be arranged as required. Notify Owner's Representative of the time of such inspections 48 hours prior. 2. When the Contract Documents call for materials, workmanship, or construction of a better quality, higher standard, or larger size that required by the above-mentioned rules and regulations, provide the quality and size required by the Contract Documents. 3. On completion of the Work, satisfactory evidence shall be furnished to the Owner's Representative to show all Work has been installed in accordance with the ordinances and code requirements. 4. The Contractor shall acquire the necessary right of way access permits that may be necessary for completion of the specified Work. B. Qualifications 1. Installer Qualifications: Engage experienced installer that has completed installation similar in material, design, and extent to that indicated for the Project. SITUUIRINIS",TNIGS,, 9 2013 Stantec 1 193601952 12 92 N, ` 2 1.07 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance 1. Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2. Products shall be delivered to Site in manufacturer's original, unopened containers and packaging. Notify Engineer a minimum of 5 days prior to delivery for inspection. 3. Contractor shall remove shipping materials as needed and inspect products for damage immediately upon delivery to the Site and coordinate inspection by Resident Engineer. B. Storage and Handling 1. Contractor shall repack and store products in a secure area and protect from damage and adverse environmental conditions. Storage subject to approval by Engineer. 2. Materials, products and finished shall be protected from damage during handling and installation. C. Waste Management and Disposal I. Dispose of all waste generated from Site fumishing packaging and installation as required by local ordinances. 2. Any excess material is the property of the Contractor and shall be disposed of off Site. 3. Recycle ail materials that are recyclable and dispose of all organic materials at composting facilities. 1.08 FIELD CONDITIONS A. Field Measurements: Verify actual locations of paving, walls and other construction contiguous with site furnishings by field measurements before fabrication and indicate measurements on Shop Drawings. 1.09 WARRANTY A. Manufacturer's Warranty: Submit manufacturer's standard limited warranty on all Site furnishing Bid Items. B. Installer Warranty: Installer shall warrant all site furnishing installation for a period of no less than 1 year, including fastener and anchorage failure. PART 2 PRODUCTS 2.01 MATERIAL A. 6' Bench 1. Manufacturer: Landscape Brands. 2. Series Name: 6' Ultra Contour Bench with Funded Seat and Surface Mount. 3. Model Name: F1027. 4. Style: Backed, with end arms, without seat divider. 5. Metal Finish: Black Plastisol Fusion Coating. 6. Attachment: Surface Mount. 7. Steel Pattern: Perforated. 8. Size: 32-1/4" H by 27" W by 79-3/8" L. 9. Supplier: Midwest Playscapes, Attn: Matt Finnegan, softall87k@lntegra ;net. 500 Pine Street, Ste. 104, Chaska, MN 55318, www.midwestplays_opgs.com. SITE (FURNISHINGS © 2013 Stantec ; 193601952 129200-3 B. Miscellaneous Material 1. Anchoring Cement: Factory -packaged, non -shrink, non -staining, hydraulic -controlled expansion cement formulation for mixing with water at the Site to create pourable anchoring, patching, and grouting compound. 2. Anchor bolts, and other fastener components shall be stainless steel, ASTM A276, Type 304 and painted to match site furnishings. Proposed substitutions of other non -corrosive fasteners may be submitted to Owners Representative. PART 3 EXECUTION 3.01 EXAMINATION A. f=ield Measurements: The Contractor shall verify site conditions and dimensions shown on the Drawings. Notify Owner's Representative of any major differences, obstructions, or utilities that in any way affect Site furnishing installation. B. The Contractor shall not work in unpaved areas, unless soil moisture is at field capacity or drier. C. Contractor shall verify with the electrical, irrigation, and other utility contractors the location of all sleeves have been installed prior. D. The Contractor shall be responsible for verifying the presence and location of all underground utilities and obstructions prior to excavation. Damage to utility lines, services, and other structures shall be repaired at the Contractor's expense. E. Examine surfaces indicated to receive the Site furnishing, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Do not proceed with installation until unsatisfactory conditions have been corrected. F. The Contractor shall inspect the correct and level finished grade, mounting surfaces, and other conditions affecting performance. Discrepancies, irregularities, etc. shall be brought to the attention of the Owner's Representative. 3.02 PREPARATION A. Where existing work and improvements are in place, cover, fence, and protect all such work and improvements from damage and soiling from construction operations. B. Contractor shall maintain and protect all temporary erosion control and tree protection on the Site from damage during construction operations. Any damage to existing structures, vegetation to remain, and erosion control shall be reported to the Owner's Representative immediately and corrected at no cost to the Owner. C. Remove debris and loose particles. Verify that all elements in this section "fit" within the locations provided as shown in the Drawings. D. Verify placement and alignment for all Site furnishings. E. If the condition of the existing facilities at the locations of the waste receptacles will not allow installation as indicated in the Drawings, contact the Engineer and provide proposed modification to the location or method of installation satisfactory to the Engineer. F. Unpack and assemble (as needed) and install items in accordance with manufacturer's printed instructions, unless otherwise specified or shown. @ 2013 Stantec 1193801952 G. Clean dirty or stained stone surfaces before setting 1. Scrub with fiber brushes, drench with clear water 2. Use mild cleaning compounds. 3. Do not use acids or wire brushes. 3.03 INSTALLATION A. General 1. Install Items rigid, plumb, level and true to lines, levels and orientation shown in details and shop drawings. 2. Contractor shall take necessary measure to protect Site furnishings and existing work and surfaces from damage, marring or soiling during transport, handling, and installation. 3. Contractor shall transport, position, and install all Site furnishings as indicated in the Drawings and Specifications, and as approved by the Engineer. 4. Contractor shall permanently affix all Site furnishings to the ground. 3.04 FIELD QUALITY CONTROL A. After sweeping the surface clean, check final elevations for conformance to the Drawings and these Specifications. 3.05 CLEANING, REPAIR, AND RESTORATION A. All damage to Site from Site furnishing installation work must be repaired by the Contractor at no cost to the Owner. B. Soil, dust, or similar material brought into paved areas by work operations shall be removed promptly, keeping these areas clean at all times. C. Restore areas damaged during installation and construction period to their original condition or to desired new appearance so no evidence remains of correction work. D. Existing plants that are damaged by the Contractors operations will be appraised using the International Society of Arboriculture (ISA) guide. The Contractor shall be responsible for replacement, repair, and/or payment in damages in accordance with MnDOT 1712. E. Touch Ups: Touch up scratches and other blemishes in the powdercoat, paints and other finishes as per manufacturer's instructions. 3.06 PROTECTION A. Contractor is responsible for protecting the installed furniture from damage, soiling, or staining during any additional construction operations conducted under this Contract at no additional cost to the Owner. B. Work related to the Site furnishings included in this Section shall not disturb or damage the surrounding landscape, including, but not limited to utilities, concrete work, landscaping, lawns, and other Site furnishings. Any damage caused by the work to the surrounding landscape must be replaced by this Contractor at no cost to the Owner. END OF SECTION © 2013 5tantec 1193801952 SITE FURNISHINGS 129200-5 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 01 57 13 —Temporary Erosion and Sediment Control. 2. Section 02 4113 — Selective Site Demolition. 3. Section 32 92 00 — Turfs and Grasses. 4. Section 33 05 05 —Trenching and Backfilling 5. Section 33 40 00 — Storm Drainage Utilities 6. Sectlon 33 46 00 — Subdrainage 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Site Grading. Measurement will be by lump Sum of modifying material in its original position as shown on the Drawings to the proposed grades. Payment will include placing and compacting suitable material on Site. 2. Salvaging, stripping, and stockpiling of aggregate base from below existing bituminous walks and reinstalling below new concrete walks is considered incidental to the project. 3. A Bid Item has been provided for Excavate and Haul Fill Off -Site. Measurement will be by Lump Sum. This Bid Item includes hauling and disposing of excess fill material generated from the site. No Bid Item has been provided for excavation. Excavation shall be incidental to the related Bid Item. 4. A Bid Item has been provided for Premium Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (Mn DOT Spec.). 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. © 2013 Stantec 193801952 EXCAVATION AND FILL 312300-1 1.06 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.07 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.08 SEQUENCING AND SCHEDULING A. Complete finish grading of turf areas within 15 calendar days after installation of the swale. PART 2 PRODUCTS 2.01 MATERIALS A. Premium Topsoil Borrow: Shall be a mixture of topsoil, compost and soil moisture amendment pellets. The following shall be blended together prior to placement: 1. 50% by volume Select Topsoil Borrow conforming to MnDOT Spec 3877.28 2. 50% by volume Compost conforming to MnDOT Spec 3890.1, Grade 1 3. Soil Moist Professional Granular by JRM Chemical, Inc, or approved equal. Pellets shall be thoroughly blended with topsoil and compost at a rate of 2 pounds per cubic yard. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 0157 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil after any specified clearing and grubbing operations have been completed by others. Strip sod and topsoil to a line 3 feet outside of areas to be excavated and graded. 6. Stockpile sufficient topsoil to re -spread at a uniform depth of 4 inches to all disturbed areas. Do not strip within the drip line of trees identified to remain. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. © 2013 Stantec 1 193801952 EXCAVATION AND FILL 312300-2 3.04 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 3. No solid rock will be allowed within 12 inches of the subgrade. 4. Provide and maintain temporary drainage facilities until permanent facilities are completed. 5. After the sub cut excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be cross-sectioned to determine quantities. 3.05 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.06 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E. 3.07 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed with water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfllling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall Immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.08 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION © 2013 Stantec 1 193801952 312300-3 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 32 13 14 — Concrete Walks, Medians, Driveways 2. Section 32 16 13 - Concrete Curbs and Gutters 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for Aggregate Base, Class 5. Provision, placement, compaction and all other Work and costs of this Section shall be incidental to concrete ramp and 4" concrete walk items within the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2211 - Aggregate Base, 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Class 2 aggregate. PART 3 EXECUTION 3.01 PREPARATION A. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. © 2013 Stantec 1193801952 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compact by mechanical means to 100 -Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required, in order to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGR6,39TE BASE COURSES © 2013 Stantec 1193801952 32 :1123 - 2 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways and concrete ramp as shown. B. Related Sections 1. Section 1168 13 Playground Equipment. 2. Section 3123 00 _ Excavation and Fill. 3. Section 32 1123 -- Aggregate Base Courses. 4. Section 32 16 13 — Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4" Concrete Walk has been included in the Quote Form. Measurement shall be on the basis of in-place square foot. 2. Bid Item for "Concrete Ramp" has been included in the Quote Form. Measurement and payment shall be for Each ramp constructed as shown in the Drawings. 3. Bid Item for "6' Concrete Pedestrian Ramp" has been included in the Quote Form. Measurement and payment shall be for Each ramp constructed as shown in the Drawings. 4. Bid Item for "Truncated Dome Panels" has been included in the Quote Form. Measurement and payment shall be by the Square Foot for panels constructed as shown in the Drawings. 5. All Bid Items in this section shall be paid for based on the following conditions: a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Excavation necessary to install new concrete walk over former concrete walk area. 3) Subgrade and base preparation. 4) Provision of aggregate base materials. 5) Placement of materials. 6) Finishing. 7) Curing and protection. 8) Reinforcement. 9) Backfilling. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211- Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. Oc 2013 5tantec J 193801952 321314-1 4. 2531 Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification. a. Swale 1) Manual Placement Mix No. 3Y32A. 2) Slip Form Placement Mix No. 3Y22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Aggregated Base: Conforming to Section 32 1123. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walks at the location and elevations indicated on the Drawings. C. Verify locations with Engineer in the field prior to construction. D. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS Oc 2013 Stantec 1193801952 321314-2 E. Re -tempering of concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 1123. Compaction of subgrade base shall conform to MnDOT Spec. 2211.30. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein. 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein. 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2 -inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C1 and 2531.3F for slip form or 2531.31K for manual placement, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surFace area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.30 and 2521.3C3b (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.30a blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS O 2013 Stantec 1193801952 321314-3 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS Qc 2013 Stantec 193801952 321314-4 SECTION 32 16 13 CONCRETE CURBS AND GUTTERS PART 1 GENERAL. 1.01 SUMMARY A. Section Includes 1. Cast -in-place Concrete Playground Curb B. Related Sections 1. Section 32 1123 - Aggregate Base Courses. 2. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for "Playground Concrete Curb" has been included in the Quote Form. Measurement shall be on the basis of in-place linear foot measured along the interior of the face of the curb. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. 2. A Bid Item has been provided for Concrete Curb and Gutter - Street. Measurement of curb and gutter shall be by the lineal foot measured along the interior face of the curb at the gutter line. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. CONCRETE CURBS AND GUTTERS © 2013 Stantec 1 193801952 32 1613 -1 1.06 SEQUENCING AND SCHEDULING A. Install concrete curb within 1 week after aggregate base has been completed and approved. B. Concrete curb construction precedes installation of pavement. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C, Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing Compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Reinforcement 1. Reinforcement bars, dowel bars, and welded wire fabric shall conform to: a. MnDOT Spec. 3301— Reinforcement Bars. b. MnDOT Spec 3302 — Dowel Bars. c. MnDOT Spec. 3303 — Steel Fabric respectively and the applicable provisions of MnDOT Spec. 2472. E. Miscellaneous Material 1. Membrane Curing Compound shall conform to MnDOT Spec. 3754 — Membrane Curing Compound. 2. Expansion joint material shall conform to MnDOT Spec. 3702 — Preformed Joint Fillers. Expansion joint material shall be the full depth of the concrete slab. 3. Formwork shall conform to MnDOT Spec. 2401 and MnDOT Spec. 2521. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb as shown on the Drawings. CONCRETE CURBS AND GUTTERS p 2013 Stantec 1 193801952 321613-2 D. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. E. Re -tempering of the concrete which has partially hardened with or without additional materials or water is prohibited. F. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 1123. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 2. All joints shall be tooled. Saw joints are not acceptable. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein. I. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides. 3.06 PLACING AND FINISHING A. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. B. Materials thicknesses shall be per the Drawings. C. Steel reinforcement shall be provided and placed as required by the drawings and in conformance with the applicable provisions of MnDOT Spec. 2472. Concrete pavements shall be given a medium broom, non -slip finish with a 4" wide tooled smooth band around pavement edges and along both sides of all control joints. Brooming shall be at a 90 degree angle to normal traffic flow direction. D. Concrete play area curb shall be given :, non -slip finish while being as non-abrasive as possible on all exposed surfaces. E. Any surface area allowing the entrapment of water at a depth 1/8 -inch or greater will be considered unacceptable. O 2013 Stantec 1193801952 CONCRETE CURBS AND GUTTERS 321613-3 3.08 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring Drior to final acceptance shall be the responsibility of the Contractor. 3.09 BACKFILLING A. Conform to MnDOT Spec. 2531.33, except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.10 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.3C, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.40. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.11 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION © 2013 5tantec 193801952 3142 1613 ` 4 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, turf seed, soil amendments, mulch, erosion control, and maintenance and warranty as defined. B. Related Sections 1. Section 0157 13 Temporary Erosion and Sediment Control. 2. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment A Bid Item has been provided for Hydroseed w/Mulch. Payment shall include two applications, one with the hydroseed, followed by one application with the mulch. Payment shall include the installation, complete and in place as specified, including installing seed, preparation of surface, maintenance, watering, and all incidental items associated with the Work. 1. Temporary Seed Cover shall be incidental to the project. 2. All other Work and costs of this Section, including replacing any turf that is disturbed above the quantity defined in the Ouote Form, shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. Section 2575 —Turf Establishment. 2. Section 3878 — Sod. B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 DEFINITIONS A. Weeds: For the purpose of this project, a weed is a plant that inhibits the establishment of species listed in article MATERIALS. Weeds may include, but are not limited to, bindweed, bentgrass, Bermuda grass, blackberry, black iocust, Canada thistle, chickweed, crabgrass, cress, dandelion, European buckthorn, glossy buckthorn, horsetail, jimsonweed, Johnson grass, lambsquarter, morning glory, mustard, nimble will, nutgrass, nut sedge, perennial sorrel, pigweed, poison ivy, poison oak, quackgrass, ragweed, rush grass, Siberian elm, smooth brome grass, spotted knapweed, tansy ragwort, tatarian honeysuckle, and wild garlic. 1.05 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for seed to be used for this Project. © 2013 Stantec 1 193801952 TURF AND GRASSES 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. 1.06 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. 1.07 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL A. Provide 6" of topsoil borrow as defined herein for all sod areas: 1. Topsoil Borrow: Conforming to Section 3123 00. 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 fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP) unless otherwise noted. D. Prior to planting use Green Guard Soil Prep Plus by Specialty Turf and Ag, or approved equal. Apply fertilizer per seed suppliers recommendations as needed during the establishment period. 2.03 SEED: Conform to MnDOT Spec. 3876. A. Lawns: High Performance Athletic Turf Seed Formula as provided by Specialty Turf and Ag, 1600 Railroad Ave, Albany, MN 56307, (800) 685 4521, www.specialtyturfag.com, or approved equal: 1. 30 percent Guinness Kentucky Bluegrass. 2. 20 percent Diva Kentucky Bluegrass. 3. 20 percent Dragon Kentucky Bluegrass. 4. 20 percent Sport Turf Perennial Ryegrass. 5. 10 percent Double Time Perennial Ryegrass. B. Temporary Fall Cover: MnDOT Mixture 100. C. Temporary Mix: MnDOT Mixture 130. 2.04 MULCH: Conform to Section 0157 13. 2.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13. —— �� TURF AND GRASSES 0 2013 Stantec 1 193801952 329200-2 2.06 EROSION CONTROL BLANKET: Conform to MnDOT Spec. 3885. 2.07 WATER A. Clean, fresh, and free of substances or matter that could inhibit vigorous growth of grass. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit Feld conditions. B. Notify the Engineer at least 3 days in advance of hauling premium 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. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDO T Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.) or as per manufacturers instructions. 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. C. High Performance Athletic Turf Seed : Apply at 175 to 200 lbs. per acre. 3.05 MULCH: Conform to Section 0157 13. p 2013 Startec 1 193801952 329200-3 3.07 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 S7 13. 3.08 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. C. Any turf seed 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. Watering of seeded areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. If the 60 days is not up prior to the end of the growing season, the watering period shall begin after April 15 in the spring. E. Watering and other maintenance of seeded or sodded areas, such as mowing, are the responsibility of the contractor for a minimum of 60 days during the growing season, or until turf is fully established and accepted by the Engineer, whichever is later. Turf will be evaluated in the spring of 2014 to ensure that the areas have survived the winter; any maintenance necessary from that site visit shall be the responsibility of the contractor. Once the Engineer determines that the turf has been fully established and the establishment period has passed, the City shall be responsible for routine maintenance such as mowing and watering. F. Application of fertilizer, soil amendments, weed control, and turf replacement are the responsibility of the contractor through the warranty period. 3.09 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 3.10 WARRANTY A. Once accepted by the Engineer, seed shall be guaranteed through the establishment period. END OF SECTION © 2013 Stantec 1 193801952 312 92- 00 = 4 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 3123 00 Excavation and Fill. 2. Section 33 40 00 — Storm Drainage Utilities. 3. Section 33 46 00 — Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. No Bid Items have been provided for work in this section. All trench excavation, pipe bedding, backfilling, and all other work and costs in this section are incidental to the Bid Items as defined in Section 33 40 00 and 33 46 00 and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (Mn DOT Spec.). 1. 2105 - Excavation and Embankment. 2. 2451- Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321- Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. © 2013 Stantec 193801952 TRENCHING AND RACKFILI ING 330505-1 B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain tile pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.2B1 for granular borrow a. No on the Site granular material encountered during construction may be used [without the permission of the Engineer]. b. 1 inch maximum aggregate size. TRENCHING, AND RACKRU N3 © 2013 Stantec 1 193801952 3305 05-2 2.03 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec 3149.G. 2.04 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.23. 2.05 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2B1 for Granular Borrow. 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.06 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. @ 2013 Stanbec i 193801952 TRENCHING AND BACKFILLING 330505-3 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 -Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth W insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. TRENCHING AND BACKFILLING O 2013 Stantec 1 193801952 330505-4 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material. a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to i foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. C. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. O 2013 Stantec 193801952 TRENCHING AND BACKFILLING 330505-5 D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adjacent structures. 3.08 QUALITY CONTROL A. Density Tests. To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION Q 2013 Stantec 1 193801952 TRFNCHDIG MO BACKFILLING 3305-0,5-6 SECTION 33 12 12 WATER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Relocation of existing drinking fountain. B. Related Sections I. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Relocate Drinking Fountain: Payment shall be made per Lump Sum. Work shall include copper service pipe to extend the water service connection, all removals, including the concrete slab removal, excavation, grading and FII work, sand setting base, anchorages, reconnection to existing one inch copper service, and all other work associated to relocating the existing drinking fountain as shown on the Drawings. The four inch concrete base for the new drinking fountain location shall be paid under the 4" Concrete Walk bid item. 2. All other Work and costs of this Section shall hP indrientar to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. B88 - Class K Copper Water Service Pipe. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 0133 00: 1. Pipe and fittings. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 72 hours prior to performing Work. PART 2 PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: i inch for buried service shall be seamless, Type K water tube conforming to ASTM B88. Service tubing larger than 1 inch shall be rigid Type K and joined using soldered joints. 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and/or flaring. 9 2013 Stantec 193801952 12 - 1 PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Water Service Line 1. Terminate water service as shown on Drawings or as directed by the Engineer. E. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. END OF SECTION WATER SERVICES © 2013 Stantec 1 193801952 331212-2 SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 3123 00 Excavation and Fill. 2. Section 32 1123 Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based on units of lineal feet for each size, type, class -of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: a. Pipe bedding will be paid in accordance with Section 33 05 05. 2. A Bid Item has been provided for Yard Drain. Measurement will be based on units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Connect to Existing Storm Pipe. Measurement shall be per each connection made, regardless of type of existing bulkhead or plug, or type of connection made. Payment will include all costs related to making the connection, including removal and disposal of the existing bulkhead or plug, and construction of concrete collar if necessary. 4. A Bid Item has been provided for Bulkhead Storm Sewer Pipe. Measurement will be per each bulkhead installed according to size. Payment will include all costs related to bulkheading or plugging the pipe as described in this Section. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 5. C150 - Specification for Portland Cement. 6. C206 - Specification for Finishing Hydrated Lime. 7. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 8. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 9. C478 - Specification for Precast Reinforced Concrete Manhole Sections. STORM DRAINAGE LMLMFS © 2013 Stant:c ; 193801952 334000-1 10. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 11. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 12. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 13. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 14. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 15. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 1123 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 0133 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. D. Manhole/Catch Basin Elevation Report 1. The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. STORM DRAINAGE UTILTI IES © 2013 Stantec 193801952 334000-2 3. Mix Proportions: a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. D. Covers with 2 concealed pick holes of approved design. E. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of -Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. STORM DRAINAGE iii Q 2013 Stantec i 193801952 33 2.06 PIPE MATERIALS A. Polyvinyl Chloride (PVC) Pipe and Fittings (15 Inches Through 42 Inches Diameter). 1. General Requirements: ASTM F794. 2. Materials: The pipe and fittings shall be made from polyvinyl chloride compounds which comply with the requirements for a minimum Cell Classification of 124548, 12364A, or 133430 as defined by ASTM D1784. Homopolymer PVC compounds must meet or exceed the requirements of the above listed minimum cell classification number. PVC compounds of other cell classifications shall be pre -qualified. Additives and fillers, including but not limited to stabilizers, antioxidants, lubricants, colorants, etc., shall not exceed 10 parts by weight per 100 of PVC resin in the compound. 3. Pipe shall have integral wall bell and spigot joint with elastomeric seal joints. The minimum pipe stiffness shall be 46 pounds per square inch (psi) at 5 -percent deflection. 4. Joints shall conform to ASTM D3212. Joints shall be push -on type only with the bell -end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber conforming to ASTM F477, and be factory installed and chemically bonded to the bell - end of the pipe. Natural rubber gaskets will not be accepted. 5. Each pipe shall be identified with the manufacturer's name, trade name or trademark and code, nominal pipe size in inches, the PVC minimum cell classification, the legend "PS 46 PVC Sere Pipe," and ASTM F794. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. 3.02 INSTALLATION A. Connect to End of Existing Pipe 1. Connect to existing pipe at locations shown on the Drawings. 2. Locate and expose end of existing pipe. 3. Remove existing bulkhead or plug and dispose of off Site. a. Take care not to damage existing pipe. b. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 4. Utilize standard bell and spigot joint with rubber 0 -ring gasket if possible. 5. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 1? inrhps thick in all locations and shall extend a minimum of 12 inches each way of the joint. B. Pipe Installation 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. STORM DRAINAGE UTILITIES © 2013 Stantec 1193801952 334000-4 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot dean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re-laid as directed by the Engineer. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. C. Structures and Appurtenances Installation 1. Fumish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted Flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. B. Position vertical wall of the eccentric cone on the downstream side. 9. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 10. Lift holes neatly mortared up. 11. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. D. Bulkhead Pipe 1. Bulkhead pipe at locations shown on Drawings with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick. 2. Precast concrete plugs may be used in lieu of bulkhead. Plug must fit snugly into pipe opening and be watertight. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 0 2013 Stantec 193801952 STORM DRAINAGE UTILITIES 334000-5 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 0157 13. END OF SECTION STORM DRAINAGE UTILITIES p 2013 Stantec 1 193801952 334000-6 Manhole/Catch Basin Field Elevation Report Stdn'teC Project: Date: Owner: Contractor: Stantec's Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is Mulred to complete this form before Rayment of structure is aRl2roveg. Structure Location As - Structure Design Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert ( + / - ) Comments / Quality Assurance No. Station invert/flaw Location (circle (from Elevation one) Plan MH CB I Apron MH CB Apron MH CB Apron MH CB Apron MH CB i Apron MH CB Apron MH Ca Apron I MH i CB Apron MH CB Apron i MH CB Apron MH CB Apron MH CB Apron * - As -Constructed Inert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile and as built record plans. B. Related Sections I. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 40 00 — Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. A Bid Item has been provided for 4" Perforated PVC Drain Tile with Sock. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall indude pipe, sock, aggregate, cleanouts, fittings and connection to structure as shown in the Drawings. 2. Bid Items have been provided for 4" and 6" Non -Perforated PVC Drain Tile. Measurement will be by lineal feet of pipe actually installed, according to size and type, as measured along the axis of the pipe with no regard to intervening fittings. Payment shall include pipe, bedding, fittings and connection to structure as shown in the Drawings. 3. A Bid Item has been provided for 6 Inch Perforated PVC Draintile With Coarse Filter Aggregate and Geotextile Wrap. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile wrap around trench, aggregate, and connection to structure or fittings as shown in the Drawings. 4. A Bid Item has been provided for 4" PVC Cleanout. Measurement shall be by each cleanout Installed as shown on the Drawings. 5. All other Work and costs of this Section, including the provision of as -built record plans, shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. M252 - Corrugated Polyethylene Drainage Tubing. p 2013 Stantec 1 143801952 334600-1 C. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Install water main, storm sewer, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design. Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. pc 2013 5tantec 1 193801952 r,E ';3 46 00 '2 F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 33 05 05. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. B. Infiltration Test: Storm water shall drain down in all drain tile areas within 48 hours. END OF SECTION Q 2013 Stantec 1 193801952 334600-3 COUNCII Request for Action Originating Department Approved for Agenda Agenda Section Planning and Parks and Recreation August 12, 2013 Development Item No. By: Susan Rader, P&R Director and Steve Ellingson, Athletic Su ervisor By: Kirk McDonald, City Manager 8.2 Resolution awarding contract with Flagship Recreation/Landscape Structures for $58,592 for playground equipment and installation at Terra Linda Park (improvement project no. 922) Requested Action Staff recommends that the City Council award the contract and authorize the appropriation of fonds for the purchase and installation of playground equipment at Terra Linda Park, located at 2701 Lamphere Drive (project 922). On April 22, 2013 the City Council authorized the preparation of plans and specifications for the project. The equipment purchase and installation would be through Flagship Recreation/Landscape Structures for $58,592. Flagship Recreation/Landscape Structures is on the state bid list. Background The playground equipment at Terra Linda Park is currently the oldest equipment in the New Hope parks system. It was last replaced in 1990 and was repainted in 2004. Staff and the city engineer worked with a representative from Flagship Recreation/Landscape Structures to develop two basic plans that would work well in the designated area of the park and stay within the budget. On July 17, 2013, these plans were presented to the area residents for their consideration at a meeting with staff and the city engineer. Following the presentation of plans, the residents were given the opportunity to provide input regarding the plan that they would most like to see implemented along with any minor modifications. Based on the discussion, the Flagship Recreation representative made the necessary changes to the most popular plan and brought the changes back on August 1, 2013 to review with staff and the neighbors. Also, on July 22, 2013 the City Council approved the plans and specifications and authorized the advertisement of quotes for the site work for this project. Motion by /k� Second by jr/6�10 To: O �� I: \RFA\P&R\PARKS\2013\R--922 Terra Linda Playground Project equipment.doc Request for action August 12, 2013 Page 2 The cost breakdown of the project: Included in the site work is approximately $20,000 for storm water upgrades to the site. These funds would be provided from the Storm Water Fund. As mentioned in previous discussions, staff is moving toward using a playground vendor who has a program to refurbish equipment, and Flagship Recreation/Landscape Structures meets this criteria. In the long-term, this should enable staff to update a playground by replacing a few key pieces of equipment at a more economical price than replacing the entire playground structure and container. Recommendation It is the recommendation of the playground committee and staff that the City Council proceed with the proposed project with no alternates. The equipment purchase and installation would be through Flagship Recreation/Landscape Structures, who is on the state bid list. Funding This project is included in the 2013 CIP and the 2013 Park Infrastructure budget as shared with the Council during 2013 CIP planning and 2013 budget meetings. The funding for the purchase and installation of playground equipment submitted by Flagship Recreation/Landscape Structures is $58,592. The total cost of the project is estimated by the city engineer at $150,000, plus an additional $20,000 for storm water work. Funding is available in the Park Infrastructure Fund and Storm Water Fund. Attachments Resolution Diagrams of Terra Linda Park Diagram of playground proposal provided by Flagship Recreation/Landscape Structures Quote from Flagship Recreation/Landscape Structures State Bid List Certification for Flagship Recreation/Landscape Structures I:\RFA\P&R\PARKS\2013\R-922 Terra Linda Playground Project equipment.doc Projected Equipment, Installation, Wood Fiber $ 58,592 Container and other Site Work $ 87,333* Contingency/Plantings/Benches $ 7,075 Engineering $17,000 Total $170,000 Included in the site work is approximately $20,000 for storm water upgrades to the site. These funds would be provided from the Storm Water Fund. As mentioned in previous discussions, staff is moving toward using a playground vendor who has a program to refurbish equipment, and Flagship Recreation/Landscape Structures meets this criteria. In the long-term, this should enable staff to update a playground by replacing a few key pieces of equipment at a more economical price than replacing the entire playground structure and container. Recommendation It is the recommendation of the playground committee and staff that the City Council proceed with the proposed project with no alternates. The equipment purchase and installation would be through Flagship Recreation/Landscape Structures, who is on the state bid list. Funding This project is included in the 2013 CIP and the 2013 Park Infrastructure budget as shared with the Council during 2013 CIP planning and 2013 budget meetings. The funding for the purchase and installation of playground equipment submitted by Flagship Recreation/Landscape Structures is $58,592. The total cost of the project is estimated by the city engineer at $150,000, plus an additional $20,000 for storm water work. Funding is available in the Park Infrastructure Fund and Storm Water Fund. Attachments Resolution Diagrams of Terra Linda Park Diagram of playground proposal provided by Flagship Recreation/Landscape Structures Quote from Flagship Recreation/Landscape Structures State Bid List Certification for Flagship Recreation/Landscape Structures I:\RFA\P&R\PARKS\2013\R-922 Terra Linda Playground Project equipment.doc City of New Hope Resolution No. 13-116 Resolution awarding contract with Flagship Recreation/Landscape Structures for $58,592 for playground equipment and installation at Terra Linda Park (improvement project no. 922) WHEREAS, a planning committee comprised of neighbors of Terra Linda Park, city engineers and city staff met several times to develop plans to meet the needs at Terra Linda Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the bid through the state cooperative purchasing agreement for playground equipment and its installation at Terra Linda Park by Flagship Recreation/Landscape Structures is $58,592; and, WHEREAS, the planning committee has recommended that Council award the contract to Flagship Recreation/Landscape Structures. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota approves entering into a contract for playground equipment and installation at Terra Linda Park with Flagship Recreation/Landscape Structures for $58,592. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of August, 2013. Mayor Attest: City Clerk L•\RFA\P&RIPARKS\20131R-922 Terra Linda Playground Project equipment.doc AITERNATE 2 EXPANDED s7'1 EQUIPMENT AREA EXISTING BUFFER AND TREES TO BE PREGWD ALTERNATE T SATELLITE PLAY AREA 111111111CM—Eq 050 l OQ N 4,m+4 Work TURF SEED IN + OPENFIELD i g� �( REMOVE a a - aY; x a ISII xEA10V QUEBEC AVE N i PROPOSED PLAY CONrWER BENCH NEW CONCRETE WAtrMW SEED FORMER_ A— — ..11b PLAt1PON. m`Jor - U � --. EXISTING Y � ' BASKETBALL STING SFE � COURT .TRANSFER STATION �1 V MEDICINE LAKE 90 NOTES BENCH (F.LTERNAM EXISTING WARMING AUT 1 Play equipment to include ar structure for children oge 2.5 and chdehena e5-12 2 Play container surface to be engineered wood fiber mulch manufactured for playground use 3 Swings and satellite equipment with additional container spats. and bench milternates to be added if budget allows 4 Multi-purpose open field to generally be left open 5 Grading and storm sewer work removes emsting catch basins from hold VINEt Terre Linda Park New Elope, Minnesota W-1 tl � 'A E BID AN u ALTERNATE I `1 Proudly presented by: ,-,�. � ' : , Better playgrounds. � landscape :� Better world.-" d.� structures " .QL .�: _ �;�y;s;.gym fla hi ~ g.-o�� landscape structuress QUOTE CONTACT: ITEM NO. Please make PO's & contracts out to: PHONE: 1 Landscape Structures, Inc. FAX: $ 601 7th Streeet South E-MAIL Delano, MN 55328 SHIP TO. Terra Linda Park Please remit payment to: New Hope MN Landscape Structures, Inc. SDS 12-0395 1 PO Box 86 Alternate # 1. Independent Components +- lxtstallafton Minneapolis, MN 55486-0395 BILL To: City of New Hope nate: August 6, 2013 $ 4401 Xylon Ave. New Hope MN Project Name: Terra Linda Park 31095°00 1 New Hope, MN We are pleased to submit this nronosal to sunnly the followinp, itemw lorawina #! AGA41-1-02 QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED AMT 1 PLAY Base Bid Play Equipment + Installation $ 53,340.00 -Includes base 5-12 and 2-5 Structures -Includes swings 1 PLAY Alternate # 1. Independent Components +- lxtstallafton G57u Twister +InsWlatton $ 2,420.00 Cascade Climber+ Inatallatton S 31095°00 1 PLAY Alternate #2: Expanded 5-12 Structure + Installation 3 4,000.00 Wood Fiber +Installation 1 WF Base Bid %rF- 129 cu.yds. $ 4,90200 1 WF Alt° 1 WF- 20 cu.yds- $ 76000 1 WF Alt. 2 WF- 21 cu.yds. $ 798.00 Terms: 50% deposit due at time order placed. Balance - Net 15 days 1.5% finance charge on remaining balance SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONST'flfTlE A PURCHASE ORDER ONLY LPON APPROVAL BYPLAGSt3UP RECREATION, LLC CLFSTOldER Freight 5350.00 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCHAPPROVAL. Subtotal NA Date ACCEPTED BY CUSTOMER Chris DesRoches Applicable Tax Included Above Proposed by This proposal is presented by Installation Included Above 5607 Cedar Lake Rd S SL Louia Park MN 55416 TOTAL SIA 71a.9s n1 .,d 763 550 7860 763 550 7864 S Prices are good till 12-31-2013 �6?159�- Admin Minnesota Materials Management Division Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability may contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. CONTRACT RELEASE: P-949(5) DATE: MAY 1, 2013 PRODUCT/SERVICE: PARK AND PLAYGROUND EQUIPMENT FURNISH AND INSTALLATION OF PARK AND PLAYGROUND EQUIPMENT CONTRACT PERIOD: MAY 1, 2011, THROUGH APRIL 30, 2014 EXTENSION OPTIONS: UP TO 24 MONTHS ACQUISITION MANAGEMENT SPECIALIST: SUSAN M. GROTH PHONE: 651.201.2451 E-MAIL: susan. roth state.mn.us WEB SITE: www.mmd.admin.state.mn.us EQUIPMENT ONLY: CONTRACT VENDOR CONTRACT NO. TERMS PAGE NO. LANDSCAPE STRUCTURES, INC. 00000000000000 NET 30 PAGE 10 aka: Flagship Recreation LLC 00000025294 ST. CROIX RECREATION CO., INC. 00000000000000 NET 30 PAGE 13 00000025351 WEBBER RECREATIONAL DESIGN, INC. 00000000000000 NET 30 PAGE 15 00000013004 FURNISH AND INSTALLATION: CONTRACT VENDOR CONTRACT NO. TERMS PAGE NO. LANDSCAPE STRUCTURES, INC. 00000000000000 NET 30 PAGE 11 aka: Flagship Recreation, LLC 00000025067 CONTRACT USERS. This Contract is available to State agencies and to members of the State's Cooperative Purchasing Venture (CPV) program at the same prices, terms, and conditions. COOPERATIVE PURCHASING VENTURE MEMBERS. This contract is available for use by CPV members. If these commodities or service can be better structured to help you with your business needs, let us know. We solicit your comments and suggestions to improve all of our contracts so that they may better serve your business needs. If you have a need for which no contract currently exists, or you would like to be able to use an existing state contract that is not available to CPVs, please contact us. If you have specific comments or suggestions about an individual contract you can submit those via the Contract Feedback Form. STATE AGENCY CONTRACT USE. State agencies should make every effort to use the Contract Vendor(s) listed. However, this Contract does not prohibit State agencies from using their delegated local purchasing authority to procure similar products and services from other vendors. We solicit your comments and suggestions to improve all of our Contract Release 12 (10110) Page 1 of 15 Contract Release: P-949(5) CONTRACT VENDOR CONTRACT NO. TERMS LANDSCAPE STRUCTURES, INC. EQUIPMENT ONLY NET 30 601 7T" STREET SOUTH 0000000000000000000025294 DELANO, MN 55328 FURNISH & INSTALLATION NET 30 0000000000000000000025067 0.1 D E K S k "O E F..ACED 1'-!i i 1- -1: FLAGSHIP RECREATION LLC, Customer Service EMAIL: info0flagshipplay.com FLAGSHIP RECREATION LLC'S VENDOR NO.: 0000798456 WEB SITE: www.flagshipI21ay.com CONTRACT: 0000000000000000000025294 (SWIFT) Recreational Equipment (LINE 1) Freight (LINE 2) ENVIRO CODE = RC Recycled Content DELIVERY AS SPECIFIED AS SPECIFIED PHONE: 763.550.7860 TOLL FREE: 877.550.7860 FAX: 763.550.7864 CONTRACT: 0000000000000000000025067 (SWIFT) Furnish and Installation of Equipment (LINE 1) Freight (LINE 2) 2. Park Tables and Seat!ng Furniture Dumor, Inc.* 1% WA Site Furnishings 2013 Varies- Information Is Not applicable available upon request 4,Park Grills humor, Inc.* 1%Site N/A Furnishings 2013 Varies- Information Is Not appCcable Catalog available upon request S. Line Markers Various Brands per Athletic 10% N/A Athletic Connection Varies - information Is Not appilrable Connections catalog* Fall'11-Sprlrg'12 available upon request 6. Goal, Tennis & Volle ball Posts & Nets y Various Brands per Athletic 10% N A / Athletic Connection Varies -information Is Notappli®ble Connections catalog* Fall'11-Spr!ng'12 available upon request 11. Basketball Backboards Various Brands per Athletic 10% N/A Athletic Connection Varies -information 1s Not ■ppCable Connectlonscatalog Fall'SSSpr.ng'12 avallable upon request 12. Bike Racks Oumor, Inc.* 1% N/A Site Furnishings 2013 Varies - information is Nota Ilrab!e PP Catalog available upon request 14. Waste Receptacles Pumor,Inc.* 1% N/A Site Fumishings2013Varies- information Is Nota pplicable catalog aveiiabie upon request 17 Safety SurfWng Plarceton Rubber Products, Inc.* ID%N/A Plerceton Rubber Varies -Information is ASTM F1292-04 Products, inc,*** available upon request 17. Safety Surfacing Surface America, Inc. i0% W Surface America, Varies - informationisA �M F1792-04 mc.— upon req.: availab.e u n est ' B% discount $81:pDo - *17. Safety Surfacing - Pebble Flex Landscape Structures Inc. 6% $499,999 2013 P:aygraund ASTM F3292-04 10% d'.smunt $500,000+ Equipment Catalog *17. Safatysurfacing- Pebb!e Flex Rubberific 10% WA 2013 Ust Prlc!ng Pars Pabilion & Gazebos RPS Structures 19% K/A 2013 List Prlc,ng Varies -Information. is ava:,ab!e upon request Contract Release 12 (10/10) Page 10 of 15 Contract Release: P-949(5) CONTINUED FREIGHT, SHIPPING AND TRANSPORTATION. Shall be FOB Destination, Freight Prepaid and Added means that the seller will prepay the transportation charges, but will add the charges to the Invoice for payment. The Contract Vendor will be reimbursed only for actual cost of freight, no handling charges, overhead, etc. The Contract Vendor will be required to provide a copy of their freight Invoice along with their request for payment. SALES TAX, State agencies are subject to paying Minnesota sales and use taxes. Taxes will be paid to the Department of Revenue using Direct Payment Permit 1114. Cooperative Purchasing Venture (CPV) Members, need to identify their sales tax requirement to the Contract Vendor upon the request for a firm quote and prior to issuing any Purchase or work Order. Landscape Structures 2013 Playground Equipment Catalog: hftp.,//www. mmd.adm in. state. mn.uslpd P-949(5)2012LandscapeStructureSplaygroundCataigg.pdf Landscape Structures 2013 Playground Equipment Price List: htta://www.mmd.admin.state.mn.us/r)df/P-949(5)2012PriceListLandscaoeStructures Playground Eauiament.Ddf Landscape Structures 2013 PlaySense Catalog: htt ://www.mmd.admin.state.mn.usl df/P-949 5 2012PIa SenseCatalo df Landscape Structures 2013 PlaySense Price List: h :Nwww.mmd.admin.state.mn.usl dflP-949 5 2012PIa SensePriceList. df Landscape Structures 2013 Playground Equipment web site: http://www.ylaylsi.coml Skatewave Product Catalog: hftp://www.mmd.admin.state.mn.us/pdf/P-949(5)SkatewaveProductCatalogpdf Skatewave Price List: http:/Iwww.mmd.admin.state.mn.us/pdf/P-949(5)2012PriceListSkatewave.Rdf Contract Release 12 (10/10) Page 11 of 15 8% discount $80,0o0- 17. Safety Surfacing Landscape Structures inc. 6% $489,899 2a12P!ayground 2012 N ygrnt oun 80% ASfM. F1292-04 10% discount $500,000 + lag 1. Baseball Badrabop & Dugout Various Brands per Athletic 10%Athletic N/A Connection Va Has -!rformation Is Notapp2wble Connections catalog- Fail'10-Spring'11 avallableUpon request 2. Park Tables and Seating Furniture Dumor, Inc,* 1% N/A Site Furnlsh!ngs 2011 Varies -Information is Nota llcabla pP catalog available upon request 4.ParkGri!Is Duma,lnc. 1% N/A Site Fumishings 2011 Varies - information Is Notappawbla Catalog available upon request 5. Line Markers Various Brands per Athletic 10% N/A Athlet!cConnection Varies - Informatlonls NotappBwb�e Connectlons catalog Fall'10-sprirg'11 available upon request 6. Goal,7ennls & Volleyba�i Posts &Nets Various Brands per Athletic 10% N/A Athletic Connection Varies - Information Is Not applicaNe Connections catalog' Fall'SO-Spring'SS available upon request 11. Basketball Backboards VariousBrands per Athletic 1.0% N/A Athletic Connection Varies - information Is Nata loble ppl Ca nnectlonswtel og'r Falt'fo-spdng'Si available upon request 12. Bike Rad¢ Oumor, Inc.* f% N/A Site Furnishings 2011 Varies - Information is Not appilwbie Catalog available upon request 14. Waste Receptacles Dumor, Inc.* 1% N/A Site Furnishings 2011 Varies -Information Is Note itwNe Catalog available upon request ' 17. Safety surfacing P•ierceton Rubber Products, 10% A Plerceton Rubber Varies -information is ASTM F-292-04 Inc.' Products, Inc.'*' available upon request 17. SafetySurfacing H Surface America, Inc. 2c% N/A Surfaoe Amer'ca, Varies - information Is ASTM F1292 -V4 Inc.`•` available upon request B% discount$a0,000- •17. Safety Surfacing - pebble Flex Landscape structures Inc. 6% $499,999 2012Playgro�nd ASTM F2292-04 10% dlscount$500p00+ Equipment Catalog '17. Safety surfacing - Pebble Flex Rubberific fo% N/A 2012 List Pricing '7. Park Pablllon & Gazebos RPS Structures ==I/A 2012 List Pricing Varies - Information is available upon request FREIGHT, SHIPPING AND TRANSPORTATION. Shall be FOB Destination, Freight Prepaid and Added means that the seller will prepay the transportation charges, but will add the charges to the Invoice for payment. The Contract Vendor will be reimbursed only for actual cost of freight, no handling charges, overhead, etc. The Contract Vendor will be required to provide a copy of their freight Invoice along with their request for payment. SALES TAX, State agencies are subject to paying Minnesota sales and use taxes. Taxes will be paid to the Department of Revenue using Direct Payment Permit 1114. Cooperative Purchasing Venture (CPV) Members, need to identify their sales tax requirement to the Contract Vendor upon the request for a firm quote and prior to issuing any Purchase or work Order. Landscape Structures 2013 Playground Equipment Catalog: hftp.,//www. mmd.adm in. state. mn.uslpd P-949(5)2012LandscapeStructureSplaygroundCataigg.pdf Landscape Structures 2013 Playground Equipment Price List: htta://www.mmd.admin.state.mn.us/r)df/P-949(5)2012PriceListLandscaoeStructures Playground Eauiament.Ddf Landscape Structures 2013 PlaySense Catalog: htt ://www.mmd.admin.state.mn.usl df/P-949 5 2012PIa SenseCatalo df Landscape Structures 2013 PlaySense Price List: h :Nwww.mmd.admin.state.mn.usl dflP-949 5 2012PIa SensePriceList. df Landscape Structures 2013 Playground Equipment web site: http://www.ylaylsi.coml Skatewave Product Catalog: hftp://www.mmd.admin.state.mn.us/pdf/P-949(5)SkatewaveProductCatalogpdf Skatewave Price List: http:/Iwww.mmd.admin.state.mn.us/pdf/P-949(5)2012PriceListSkatewave.Rdf Contract Release 12 (10/10) Page 11 of 15 CITY OF NEW HOPE CONTRACT WITH LANDSCAPE STRUCTURES, INC. FOR THE SUPPLY AND INSTALATION OF PLAY EQUIPMENT AT TERRA LINDA PARK For valuable consideration as set forth below, this contract dated the 20th day of August, 2013, is made and signed by the City of New Hope (hereinafter "City") and Landscape Structures, Inc. (hereinafter "Contractor'). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify anv of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Landscape Structures, Inc. under this Contract (hereinafter the "Work"), is defined as the all work including but not limited to the successful provision of playground equipment, installation of playground equipment and engineered wood fiber surface and provision of a playground safety audit in compliance with national standards upon successful installation of the play equipment. Any modifications to the work defined in the "Work" will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $58,592 dollars (fifty eight thousand five hundred ninety two), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 301h day of October, 2013. Total amount of this contract shall not exceed $58,592. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 301' day of October, 2013 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7 INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall Chris DesRoches, Landscape Structures, Inc. 601 7th Street South, Delano, MN 55328 (763) 972-5200 10. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Susan Rader -Director of Parks and Recreation 4401 Xylon Avenue North, MN 55428 (763) 531-5152. Contract Page 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By Its or By " 1 \ l Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Pe foregoing was acknowledged before me this .60 day of 2413, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively,6bf the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public lrrsrrfiri�:�.r��- _ �: y�lrr�_r✓rJ1 Contract Page 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing was acknowledged be ,2013,by CONTRACTOR 6iyua At, By Ipresentative me on this day of Nt#ry Public on behalf of .��o"�•j"° CERTINCATE. OF LIABILITY INSURANCE DATEOW 2120113 THIS CERTIFICASSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the 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 Aon Risk Services Central, Inc. Minneapolis MN Office 5600 west 83rd street 8200 Tower, Suite 1100 Minneapolis MN 55437 USA CONTACT NAME: AX (AIC.PHONNo.EXt): (666) 283-71220 No ($00) 363-0105 E-MAIL ADDRESS: GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR INSURER(S) AFFORDING COVERAGE NAIC # INSURED Landscape Structures, Inc, 601 7th street south INSURERA: ACE American Insurance Company 22667 INSURER B: National union Fire Ins Co of Pittsburgh 19445 Delano MN 55328 USA INSURER C: MED EXP (Any one person) Excluded INSURER D: X BFPD Ind. INSURER E: INSURER F: ('.CIVFRGr;FC Y`CgTlktf`ATC Alt lUOM12. r7nnGn'Y2'2Qr1 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. Limits shown are as requested LTR TYPE OF INSURANCE INS y,IyD POLICY NUMBER MMfDOJYYYY� MMlDD1YYYY LIMITS �` GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR PMIG SIR applies per policy terns & conditions EACH OCCURRENCE $2,000,000 PREMISES Ea occurrence $50,000 MED EXP (Any one person) Excluded X BFPD Ind. PERSONAL & AOV INJURY $2,000,000 X BktContractual Ind GENERAL AGGREGATE 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $4,000,000 POLICY X PROT LOC JEC AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Ea accitlent BODILY INJURY ( Per person) ANY AUTO ALLOWNEO SCHEDULED AUTOS AUTOS BODILY INJURY(Par accident) PROPERTY DAMAGE Per aceiden HIRED AUTOS NON-OWNEDI AUTOS B X UMBRELLA LIAB X OCCUR BE1154655 06/01/2013-06/01/2014 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS -MADE SIR applies per policy terns & condi ions AGGREGATE $5,000,000 DED I X RETENTION $10, 000 WORKERS COMPENSATION AND EMPLOYERS'LLABILITY YIN ANY PROPRIETORI PARTNER I EXECUTIVE OFFICERIMEMBER EXCWDED1 ❑ N I A WCSTATU- OTH- TORY LIMITS •ER E.L. EACH ACCIDENT EL. DISEASE -EA EMPLOYEE _— (Mandatory in NH) Ifdescribe under E.L. DISEASE -POLICY LIMIT ie DESLtRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space is required) Evidence of Insurance. r= Ri nag CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Landscape Structures, Inc. AUTHORIZED REPRESENTATIVE 601 7th St. South Delano MN 55328 USA ( Q 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ' Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation October 28, 2013 Consent Item No. 6.9 By: Susan Rader, P&R Director By: Kirk McDonald, City Manager Resolution approving final payment request to Landscape Structures for Terra Linda Park project (improvement Ero ect no. 922) in the amount of $58,592 Requested Action Staff recommends that the City Council approve a resolution to accept the new play equipment for Terra Linda Park (project #922) and authorize final payment to Landscape Structures in the amount of $58,592, which is the exact amount of the contract. All necessary paperwork has been received from the contractor including an IC 134, as well as the safety audit called for in the agreement. Staff recommends release of the final check. Background Terra Linda Park is located at 2701 Lamphere Drive. The play equipment was last replaced in 1990 and repainted in 2004. At twenty-three years of age this was the oldest play equipment in the park system. A planning committee was formed with representatives of the neighborhood, city engineers and city staff, who met a number of times to study the best type of equipment to recommend and developed plans that would meet the park needs. The final plan was approved by the City Council in August 2013. The final site work is being completed with the expected closeout later this fall. A park celebration will be planned for late spring. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachments Resolution Letter from city engineer Contractor's invoice in the amount of $58,592 Motion by Second by To: 3 -,(Y3 I: \ RFA \ P&R\ PARKS \ 2013 \ R-922 Terra Linda Park play equipment finaling out.doc City of New Hope Resolution No. 2013- 143 Resolution approving final payment request to Landscape Structures for Terra Linda Park project (improvement project no. 922) In the amount of $58,592 WHEREAS, the city entered into a contract with Landscape Structures for the purchase and installation of playground equipment for Terra Linda Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the playground installation improvement project #922 and approve final payment to Landscape Structures, in the amount of $58,592; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Landscape Structures. 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 playground improvement project at Terra Linda Park, improvement project #922 from Landscape Structures. 2. That the city manager is hereby directed to authorize the final payment of $58,592 to Landscape Structures. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 28th day of October 2013. c /� �' Mayor Attest: ItLti b - City Clerk I:\RFA\P&R\PARK5\2013\R-922 Terra Linda Park play equipment finaling out.doc Stantec October 21, 2013 File, 1938019,52 Attention., Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North, New Hope, MN 55248 Dear Mayor Hernken and City Council, Reference: Landscape Structure, Inc. Equipment for Terra Linda Park and Playground Improvements Project Attached find the final quote and the 1C-134 form for the supply and installation of play equipment, engineered wood fiber mulch (safety surfacing) and an audit for compliance with ASTM and CPSC standards performed by a certified National Playground Safety Inspector at Terra Linda Park. The equipment manufacturer, Landscape Structures, Inc, has completed this work in accordance with the contract; therefore, it is recommended that a full payment of $58,592 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 $58,292. The contract included no change orders, and so the Final Construction Amount is $58,292 as well. The equipment was supplied by Landscape Structures, Inc., but installed through their local representative Flagship Recreation. I have reviewed the equipment and verified that the components determined through the neighborhood process have been installed as planned. Onsite I discussed the installation with the Certified Playground Site Inspector (CPSI) from Flagship Recreation who was performing the audit. Flagship Recreation plans to have the audit turned into the City project manager by Wednesday, October 23, and will address any items found to be non -conforming. The full depth of engineered wood fiber mulch was also installed, and one small area will be finalized (mulch smoothed out) once the concrete ramp is complete. As Flagship Recreation has been proactive about managing the quality of the play equipment and the installation, we recommend paying the contract out in full at this time. Should you have any questions, please feel free to contact me at 651 -967 -4534 - Regards, W October 21, 2013 Honorable Mayor and City Council Page 2 of 2 Reference: Landscape Structure, Inc. Equipment for Terra Linda Park and Playground Improvements Project Stantee Consulting Services, Inc. Katherine M. Lamers Landscape Architect Phone: 651967 4534 Fax: 6516361311 Kate.lamers@stantee.com Attachment: Quote from Flagship Recreation, IC -134 c. New Hope — Steve Ellingson, John Blasiak, Stantec — Chris Long, Adam Martinson mlkdocument5 1/4-1 . ftscop structures QUOTE CONTACT: ITEM NO. Please make PO's & contracts out to: PHONE: EXTENDED AMT Landscape Structures, Inc. FAIL: -- 601 7th Streeet South E-bIAII, Delano, MN 55328 SHIP TO: Terra Lima park Please remit payment to: New Hope MN Landscape Structures, Inc. SDS 12-0395 PO Box 86 PLAY Alterna*e # 1: Independent Components + Installation Minneapolis, MN 55486-0395 BILL TO: City of New Hope nate: August 6, 2013 Gyro Twister +Installatwn 4401 Xylon Ave. 2,420.00 New Hope MN Project Name: Terra Linda Park $ 3,095.00 New Hope, NAV We are Dleased to submit this DroDosal to suDDly the following items: Drawing #: 69541-1-2 QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED AMT 1 PLAY Base Bid Play Equipment + Installation S 53,340.00 -Includes base 5-12 and 2-5 Structures -Includes swings 1 PLAY Alterna*e # 1: Independent Components + Installation Gyro Twister +Installatwn $ 2,420.00 Cascade Clamber + Installation $ 3,095.00 1 PLAY Alternate #2: Expanded 5-12 Structure + Installation $ 4,000.00 Wood Fiber +IwAaliat im 1 WF Base Bid W'- 129 cu.ydS $ 4,902.00 1 WF Alt. 1 WF- 20 cu.yds. $ 760.00 1 WF Alt. 2 WF- 21 cu.yda. $ 798.00 Terme: 50W6 deposit due at time order placed. Balance - Net 15 days 1.5% finance charge on remaining balance SIGNATURE BELOW ACCEPTING i ISIS PROPOSAL WU L CONSTITUTE A PURCHASE ORDER ONLY UPONAPPROVAL BYFLAGSHIP RECREATION,, LLC C IS.''0MER Freight ,$350.00 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCHAPPROVAL, Subtotal NA Date ACCEPTED BY CUSTOMER Chris DesRoches Applicable Tax Included Above Proposed by This proposal is presented by Installation Included Above 5607 Cedar Lake Rd S St. Louie Park MN 55416 TOTAL NA i3p11� 763 550 7860 763 550 7864 Prices are good till 12-31-2013 t 5J 15g2i 10122113 https://m w.rmdor.state.rm.usf#retriere?type=PrirdFriend&IW=12106232328dey2=172358469 A111i'41RIM.Scr "A- Ri W-1-1 NTU Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: 0-984-792-832 22 -Oct -2013 131.46 PM FLAGSHIP RECREATION LLC 27-1348993 Flagship Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Nuinbe r. Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 304250880 1256939 CITY OF NEW HOPE 2013 01 -Oct -2013 10 -Oct -2013 NEW HOPE $58,592.00 Subcontractor Summary Name ID Affidavit Number KOOLMO CONSTRUCTION 3363328 1389527040 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (ernazil) Withholding.tax@state.mnus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies ofyour requests by going to the History Tab. Please print this confirmation pane for your records using the print or save fimctionality built into your browser. ha3s:/Mnrew.mndor.state.mn.usAWretrieve?4pe= Pri ntFriend&4asy1=1210623232&Wm 172358469 112 10/22/13 https:/hwvw.mndar.state.rm.usAoretrie%e?type=PrintFrierid&kW=1210623232&LV=172358469 https:/AMAW.mndv.state.mn.us/tp/retrlme?type=PrintFriend&W=1210623232&kxy =172358469 212 COUNCH A Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation July 28, 2014 Consent Item No. By: Susan Rader, P&R Director By: Kirk McDonald, City Manager 6.7 Resolution approving final pay request to Dunaway Construction for Terra Linda Park project (improvement project #922) in the amount of $4,009.55 Requested Action Staff recommends that the City Council approve a resolution to accept the site work for the new play equipment at Terra Linda Park (project #922) and authorize final payment to Dunaway Construction in the amount of $4,009.55. This final payment brings the playground site work improvement project total cost to $80,191. As the original bid of $92,958 was slightly over the engineer's estimate, the contract amount was reduced during the award of the contract, bringing the amount to $87,333. Due to less material quantities required to complete the site work, the site work was $7,142 less than the contract award. All necessary paperwork has been received from the contractor including an IC 134. Staff recommends release of the final check. Background Terra Linda Park is located at Lamphere Drive & Medicine Lake Road. Prior to this project, the play equipment had last been replaced in 1990. Staff and the city engineer worked with a representative from Flagship Recreation/Landscape Structures to develop two basic plans that would work well in the designated area of the park and stay within the budget. These plans were presented to the area residents for their consideration and were given the opportunity to provide input regarding the plan that they would most like to see implemented along with any minor modifications. The Council formally accepted the plan on August 12, 2013. The playground was installed during the fall of 2013. The majority of the site work was done in the fall with the remainder completed in the spring. All necessary site work has been completed by Dunaway Construction. Motion by ��,(i(/ Second by To: Q 1:\RFA\P&R\ PARKS \2014 \R-922 Terra Linda Park play equipment site work finaling out.doc Request for action, Page 2 July 28, 2014 The original budget contained $7,075 to be used toward contingency, benches and landscaping. The contract manager has put together a planting plan to act as a buffer between the playground area and the lift station. In addition, two benches will be ordered. These additions will be oracle to the park this fall. Funding This project is included in the 2013 CIP and the 2013 Park Infrastructure budget as shared with the Council during planning and budget meetings. The total cost of the site work was $80,191 and included removal of the existing container, grading of site, drain tile, storm water work, accessible matting and all bituminous and concrete work. Funding is available in the Park Infrastructure Fund and Storm Water Fund. Attachment(s) The resolution, a letter from the city engineer, and the contractor's invoice in the amount of $4,009.55. L\ Terra Linda Park play equipment site work finaling out.doc City of New Hope Resolution No. 2014-104 Resolution approving final pay request to Dunaway Construction for Terra Linda Park project (improvement project #922) in the amount of $4,009.55 WHEREAS, the city has entered into a contract with Dunaway Construction to complete the site work for the playground equipment project for Terra Linda Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the site work for improvement project #922 and approve final payment to Dunaway Construction, in the amount of $4,009.55; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Dunaway Construction NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: I. That the City Council accepts the site work for the playground improvement project at Terra Linda Park, improvement project #922 from Dunaway Construction 2. That the city manager is hereby directed to authorize the final payment of $4,009.55 to Dunaway Construction Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 281h day of July 2014. �Lu rN rt tr Mayor Attest: City Clerk I:\ RFA \ P&RN PARKS\ 2014 \R-922 Terra Linda Park play equipment site work finaling out.doc June 22, 2014 File: 193801952 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Susan Rader, Parks & Recreation Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Terra Linda Park & Playground Improvements Final Payment City Project No.: 922 Dear Susan; Enclosed find the final pay request and the 1C-134 forms for the above referenced project. The contractor, Dunaway Construction has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $4,009.55 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 $92,958.00. The contract included no change orders. The Final Construction Amount is $80,191.00, which is less than the Original Contract Amount. This project had a $12,767.00 under run, which was primarily due to less topsoil and seeding restoration work required, The Original Contract Amount was also reduced initially during the Council Award of the project, as the installation of a bench was removed and quantities were reduced. 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. Steve Ellingson, Bob Paschke, Bernie Weber, John Blasiak - New Hope; Adam Martinson, Nathan Ekholf, Chad Davison - Stantec. Cx'.gr; r i� ;. r�;r7ur:i►y ir. irir,,• (30 Stantec Dwner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: June 18, 2014 :or Period: 12/4/2013 to 6/18/2014 Request No: 4/FINAL contractor: Dunaway Construction, 17149 Notre Dame St., Columbus, MN 55025 CONTRACTOR'S REQUEST FOR PAYMENT TERRA LINDA PARK & PLAYGROUND IMPROVEMENTS STANTEC PROJECT NO. 193801952 CITY PROJECT NO. 922 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor: DUNAWAY CONS UGTION Specified Contract Completion Date: 193801952RE04FiNAL.xlsm 4/FINAL $ 92,958.00 0.00 0.00 $ 92,958.00 $ 80,191.00 $ 0.00 $ 80,191.00 $ 0.00 $ 80,191.00 $ 76,181.45 $ 0.00 $ 4,009.55 Approved by Owner: CITY OF NE HOPE Date: 7-af,4 No. Item BASE BID: 1 MOBILIZATION 2 SITE GRADING 3 EXCAVATE AND HAUL FILL OFF SITE 4 REMOVE BITUMINOUS PATH 5 REMOVE STORM SEWER PIPE 6 REMOVE STORM SEWER STRUCTURE 7 BULKHEAD EXISTING STORM PIPE 8 RELOCATE LOW VOLTAGE ELECTRICAL SERVICE FOR SANITARY SEWER 9 RELOCATE DRINKING FOUNTAIN 10 SILT FENCE 11 4" CONCRETE WALK 12 CONCRETE RAMP 13 6' CONCRETE PEDESTRIAN RAMP 14 TRUNCATED DOME PANELS 15 PREMIUM TOPSOIL BORROW (LV) 16 PLAYGROUND MATS 17 PLACEMENT OF SAND 18 GEOTEXTILE FABRIC 19 INSTALL 6' BENCH 20 PROTECTION OF CATCH BASIN (STREET) 21 PROTECTION OF CATCH BASIN (OFF-STREET) 22 PLAYGROUND CONCRETE CURB 23 CONCRETE CURB -STREET 24 HYDROSEED W/MULCH 25 CONNECTTO EXISTING STORM PIPE 26 4" NON -PERFORATED PVC DRAINTILE 27 4" PERFORATED PVC DRAINTILE WITH SOCK 28 6' NON -PERFORATED PVC DRAINTILE 29 6" PERFORATED PVC DRAINTILE WITH COARSE FILTER AGGREGATE AND GEOTEXTILE WRAP 30 4" PVC CLEANOUT 31 YARD DRAIN TOTAL BASE BID: TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE 193801952REQ4RNAL.xlsm $80,191.00 $80,191.00 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 10000.00 1 $10,000.00 LS I 5000.00 1 $5,000.00 LS 15000.00 1 $15,000.00 SY 185 5.00 165 $825.00 LF 15 10.00 85 $850.00 EA 2 500.00 2 $1,000.00 EA 1 500.00 $500.00 LS 1 500.00 $0,00 LS 1 3000.00 $3,000.00 LF 350 4.00 325 $1,300.00 SF 290 6.00 297.5 $1,785.00 SF 60 10.00 60 $600.00 SF 52 10.00 52 $520.00 SF 8 50.00 8 $400.00 CY 750 25.00 395 $9,875.00 EA 6 500.00 6 $3,000.00 LS 1 1500.00 1 $1,500.00 SY 341 3.00 341 $1,023.00 EA T 1500.00 $0.00 EA 2 150.00 2 $300.00 EA 2 150.00 2 $300.00 LF 225 30.00 230 $6,900.00 LF E; 40.00 15 $600.00 SY 3300 3.00 2740 $8,220.00 EA 1 800.00 1 $800.00 LF 75 12.00 75 $900.00 LF 140 15.00 175 $2,625.00 LF 140 14.00 127 $1,778.00 LF 20 17.00 20 $340.00 EA 4 250.00 3 $750.00 EA 2 250.00 2 $500.00 $80,191.00 $80,191.00 $80,191.00 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO, 922 STANTEC PROJECT NO. 193801952 CONTRACTOR DUNAWAY CONSTRUCTION CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainaae ComDleted Material on Hand Total Payment to Date 09/01/2013 09/26/2013 34,834.60 1,833.40 36,668.00 2 09/27/2013 11/11/2013 38,496.85 3,859.55 77,191.00 3 11/12/2013 12/03/2013 2,850.00 4,009.55 80,191.00 4/FINAL 1 12/03/2013 106/18/20141 4,009.55 80,191.00 Material on Hand Total Payment to Date $80,191.00 Original Contract $92,958.00 Retainage Pay No. 4/FINAL Change Orders Total Amount Earned $80,191.00 Revised Contract $92,958.00 193841952REQ4FINALAsm Page 1 of 1 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-080-065-152 Submitted Date and Time: 30 -Jun -2014 527:12 PM Legal Name: KEVIN E DUNAWAY Social Security Number: ***-**-3180 User Who Submitted: dunawaykev Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 494567424 2228976 CITY OF NEW HOPE 922 02 -Sep -2013 27 -Jun -2014 TERRA LINDA PARK $80,191.00 Subcontractor Summary Name ID Affidavit Number CURB MASTERS INC 2207114 1930723328 LINO LAKES LANDSCAPING INC 9475971 384663552 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation nage for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retdeve/O/IOLYe4?FILE=Print2 6/30/2014 Page 1 of 1 MINNESOTA* REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved, Confirmation Summary Confirmation Number: 1-410-271-872 Submitted Date and Time: 30 -Jun -2014 12:26:27 PM Legal Name: LINO LAKES LANDSCAPING INC Federal Employer ID: 4 1-0908 13 1 User Who Submitted: lhoule Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 384663552 9475971 CITY OF NEW HOPE 13-43 07 -Jun -2013 01 -Nov -2013 TERRA LINDA PARK $3,425.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-292-9999, (Greater Mlmtesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state minus. Business hours are 8:00 am. - 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. Pl a : ` = for your records using the print or save functionality built into your browser. https://www mndor.state..mn.us/tp/eseMees/ /Retrieve/0/10LYe4?FILE=Print2 5/30/2014 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-392-544-384 Submitted Date and Time: 30 -Jun -2014 3:27:50 PM Legal Name: CURB MAS'T'ERS INC Federal Employer ID: 41-1606037 User Who Submitted: Linda H Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner. Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1930723328 2207114 CITY OF NEW HOPE 5083 20 -Sep -2013 22 -Sep -2013 TERRA LINDA PARK $9,326.85 No Subcontractors https:/hvww.mndor.state.mn,usltpleservicesl /Retrieve/O/IOLYWFIL... Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m_ 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please for your records using the print or save functionality built into your browser. I of 1 6/30/2014 3:28 PM