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IP #921COUNCIL i. Request for Action Originating Department Approved for Agenda Agenda Section Public Works May 28, 2013 Development & Planning Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 8.1 Resolution approving plazas and specifications for the proposed 2013 sanitary sewer lining project and ordering advertisement for bids (improvement project 921) 'Requested Action Staff is recommending that Council pass a resolution approving plans and specifications, and authorizing advertisement for bids for the proposed 2013 sanitary sewer pipe lining project. Policy/Past Practice In the fall of 2003, the city initiated a sump pump inspection program as part of the city's 1/1 reduction program. Additional initiatives completed by the city include replacement of older, center hole sanitary sewer manhole covers with solid covers in low areas of the city prone to street flooding; the lining of nearly 1,700 feet of sanitary sewer pipe through low areas of the city in 2004105; roof vent and foundation drain inspection of apartments and commercial buildings; and the televised inspection of approximately 45,000 feet of sanitary sewer pipe in an effort to continue to reduce the amount of excessive I/I. Background The city's 2013 Capital Improvement Program (CIP) includes $200,000 for installation of linings of the city's sanitary sewer collection system. Staff is recommending that the city initiate the lining of sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing III through the various programs the city has implemented, including the lining of sanitary sewer pipes, the city is also extending the useful life of the sanitary sewer infrastructure. To be effective in eliminating 111 issues, pipe lining is completed between two manhole structures. For this reason, staff's pipe lining recommendations are based upon the distance from manhole to manhole. Motion by Second by To: , I.\ RFAIPUBWORKS\201319212013 Sewer Lining Approve Plans Specs.doc Request for Action May 28, 2013 Page 2 The sections of pipe recommended to be lined are nine -inch diameter clay file in the neighborhood between Winnetka Avenue and Boone Avenue, and between Medicine Lake Road on the south and the Crystal city border to the north. There is approximately 6,170 feet of pipe to be lined in this area. Depending on the "per foot" bid price, portions of 29th Avenue may need to be excluded from the proposed project. Funding The engineer's cost estimate for the project is $200,000. The 2013 sanitary sewer lining project is in the 2013 CIl' and funding for the project would be from the sanitary se ::Ter fund. Attachments A copy of the resolution, the engineer's memorandum, and a map of the proposed area of work are attached. I:\RFAIPUBWORKS\201319212013 Sewer Lining Approve Plans specs.doc City of New Hope Resolution No. 13- 85 Resolution approving plans and specifications for the proposed 2013 sanitary sewer lining project and ordering advertisement for bids (improvement project 921) WHEREAS, the capital improvement program identifies programs to reduce the inflow and infiltration entering the sanitary sewer system; and, WHEREAS, Metropolitan Council Environmental Services (MCES) has determined that lining sanitary sewer pipe reduces the impact of excessive inflow and infiltration (III); and, WHEREAS, lining sanitary sewer pipe has been established as an effective way to reduce I/I and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 2013 I/I abatement program activities are included in the approved 2013 sanitary sewer operating budget and capital improvement program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota, that: 1. The city clerk shall prepare and cause to be inserted in the official paper, an advertisement for bids for New Hope's 2013 sanitary sewer lining. The advertisement shall state that the bids will be opened at 10:30 a.m. CDT, on Thursday, July 11, 2013, at the New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid shall be given an opportunity to address the City Council on the issue of responsibility. No bids shall be considered unless sealed and filed with the city clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the city for five percent (5%) of the amount of such bid. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 28th day of May, 2013. Mayor Attest: City Clerk May 22, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul INN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2013 Sanitary Sewer Lining — Approve Plans and Specifications City Project No.: 921 Stantec Project No.: 193801857 Dear Guy: In New Hope's continued effort to reduce service costs, an annual pipe lining project has been implemented to help address inflow and infiltration into the city's sanitary sewer system. The 2013 project includes sanitary mains in the southern part of the city. Figure drawings showing the general location of the proposed improvements are enclosed. The complete construction documents are available at City Hall for review. This year's construction includes alternate sections of pipe to be lined on 29th Avenue. Depending on the bid pricing received, the alternate sections may be excluded from the proposed project. The total project costs, including indirect, is estimated to be $200,000. If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the May 28th Council meeting. Bids could then be received on July 11 th and brought back to Council for review at the July 22nd Council meeting. The work under this contract will be completed in the late summer and fail months. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Joe ChrlstopherW. Long, P.E. Attachments: Figures: 1-2 Cc: Shawn Markham, Bernie Weber, Paul Coone — New Hope; Jason Petersen, Adam Martinson, Rohini Ray — Stantec. i s N O �7 3 O FD 61 j - Ln co Oa p% a U n u7 O 3 PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2013 SANITARY SEWER LINING 193801857_FIGl.dwg DATE: MAY 2013 COMM: 193801857_FIG1 0 1Z'A 4600 swig fe f st 8332 '9324 ' 8316 j 8308 !$3(}0:8224 8216 8208 2909 j RAI59a262 P28 £ € '; N Q c" �-"TITh[:946.53 s i LA AO co 4 = g& T ;Go INV. 933.30 i -- i ' DO co - co 00 O:) _ OD INV; Q,' p7 i�- N v �- � X65 - 9' VCP 232' -- 9"VCP 23V - 9" VCP 2901 x64' ��t c enc a_> a >->-�. ��.4 (1317) (1029) (1030) '11553 - 3000 2825 1551 (P2) RIM:9-30 2900 2817 J 2808 2809 16M {Pl .94S.46 1 INV: 928.85 zs0o 2so1 v RIM 940.80 �I �:�941. 8 ; INV: 931. 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In rye 2708 i 2709 � �10£i 8400 ------ Nu" 8416 8408 1582 (P41) 1586 z 18016 N ' co Ln I w 0 90 RIM:930.40 �v 2700 ?701 I R1M:9 6.80 INV: 920.00 ' V INV: 908.00 {CO RD NO 70) MEDfCIN LA& RCS SANITARY SEWER LINING PLAN �. % r AM 11 NEW HOPE, MINNESOTA FIGURE 2 , qw 2013 SANITARY SEWER LINING ( - V:\193MCTNE1193801857\CAD\DWG�193801857 FIG2.DWG DATE: MAY 2013 COMM: 193801857 CITY OF -NEW HOPE ADVERTISEMENT FOR BK)S Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 pylon Avenue North, until 10:30 AM., CDT, Thursday, July 11, 2013, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2013 Sanitary Sewer Lining - City Project No. #921 In general, work consists of rehabilita- tion of approximately 6,000 feet of sanitary sewer by installing cured in-place liner. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting Qu&*tCDN effi oc #2716298 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Iiope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 686.4600. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may, be withdrawn for a period of 60 days after the date and time set for the Opening ofBids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and fiuther reserves the right to award the Contract to the best interests of the Owner. KIRK MCDONALD, Qty Manager City of New Elope, Mirmesota (Published in Finance and Commerce June 6, 13, 2013) 10328133 Page 1 of 1 A 1davy t of PubUcation STATE OF MINNESOTA ) (SS. COUNTY OF HENNEPIN Description; Bids for New Hope RE: 2013 Sanitary Sewer Lining Carrie Retzack , being duly sworn on oath say she/he is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce (MN) and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a Iegal newspaper, as provided by Minnesota Satute 331A.02, and 331A.07, and other amp .-mble laws, as amended fB? Shr,.li.^ .,,other states on rnat the printed Construction 1032$133 hereto printed as part 3.5 it was printed and publislicd there in the l:n�ylish langultge; dUlt it «mss first $al published on June 06, 2013 for 2. time(s): the subsequent ates of publications being as ollows: 6/6/2013 6/13/2013 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged <Ls being the size and kind of type used in the X Subscribed and v Sworn to before me this 13th day of (Notarial Seal) Notary Public, abcdefghi j klmnopgrstuvwxyz , Minnesota SHAWNA RHEA SCHMITZ Notary Public -Minnesota Ay Commission Expires Jan 31, 2015 RATE INFORMATION: 1. Lowest classified rate paid by S commercial users for comparable space: 2. Maximum rate allowed by law for S the above matter: 3. Rate actually charged for the above $ 0.4421 matter: 16.0000 0.48630 eirm MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Jeremy Bradfield, being duly sworn on an oath, states or affirms that he is the Advertising Director of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is at- tached was published in said newspa- per(s) once each week, for one suc- cessive week(s); it was first published on Thursday, the 6— day of June , 2013, and was there- after printed and published on every Thursday to and including Thursday, the day of , 2013; and printed below is a copy of the lower case alphabet from A to Z, both inclu- sive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijklmnopgrstuvwxyz BY: 43 1 t Advertising Director Subscribed and sworn to or affirmed before me on this 6 day of June , 2013. (/ Notary Public ISJUL=HELKENNNOTAAYMy Com City of New Hope (Official Publication) CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City oF New Hope, Minnesota, in the city Hall at 4401 Xylon Avenue North, until 100 A.M_, COT, Thursday, July 11, 2013, atwhich timethey will be publicly opened and read aloud for the furnish- ing of all labor, materials, and all else necessary for the following; 2013 Sanitary Sewer Lining - City Pro- ject No. 4921 In general, Work consists of rehabilita- tion of approximately 6,000 feet of san- itary sewer by installing cured in-place liner. Complete digital Bidding Documents are available at www.questodn.com for $20 by inputting QuestCDN eBidDoc 02718298 on the website's Project Search page. Paper Bidding Docu- ments may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-000. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604- 4808. Bid security in the amount of 5 percent of the arnount of the Bid must accom- pany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3lowest Biddersfor a period sotto exceed 60 days afterthe date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive Irregularities and Informalltles therein, and furtherre- serves the right to award the Contract to the beat Interests of the Owner. Kirk McDonald, City Manager City of New ?-lope, Minnesota (Jun. 6, 2013) P2San1tarySewerBids Stan �.- 2335 Consulting Services Inc. 2335 Highway 36 bleat St. Paul MN 55113 Tei: (651) 636-4600 Fax: (651) 636-1311 July 23, 2013 Valerie Leone City of New Hope 4400 Xylon Avenue North New Hope, MN 55428-4898 Re: 2013 Sanitary Sewer Lining Project No. 193801857 Return of Original Bids Dear Ms. Leone: Enclosed are all of the original Bids and Bid Securities that were received on the above -referenced Project. Please retain these original bids as information for your auditors. We have retained a copy of all bids for our files. Sincerely, STANTEC CONSULTING SERVICES INC. Cathy White Administrative Coordinator Enclosures r-A BIDDER: A i S IA - $r= W ER , ZA1 C. DOCUMENT 00 4110 Sbw*OC BID FORM 2013 SANITARY SEWER LINING CITY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in tate Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and In accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date `l 113 'lt10�13 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 conditlons in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, te6niques, 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. Q 2013 Stantec 1193801857 00 41 10 -1 BID =ORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. I 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. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally faise:and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions @ 2013 Stantec 1 193801857 OB 4110 - 2 BID FORM 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 LS 1$ 1.r1T.�D $ TRAFFIC CONTROL LS 1 $ -2- O b O.0 O $ 2'.00o.0 D 3 BYPASS PUMPING LS 1 $ 1,000-00 $ 1,000-00 4 SEWER REHABILITATION WITH CIPP, 9" LF '5,710 $ 23.0 O $ l 31.3 31). 0 TOTAL BASE BID ALTERNATE NO. 1 TRAFFIC CONTROL LS 1 $ __ 2 5b. oo $ 2,50-n v 6 BYPASS PUMPING LS 1 $ 2. S D. O O $ Z 5 D. 06 7 SEWER REHABILITATION WITH CIPP, 9" LF 470 $ 2.6-2—S $ 17-331. D TOTAL ALTERNATE $ 12,83'7. SO SUMMARY: TOTAL BASE BID $ TOTAL ALTERNATE NO. 1 $ TOTAL BASE BID WITH ALTERNATE NO. 1 $_Nq. 2q 2.So ® 2013 Stantec 1193801857 0041 10-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.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 stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on UuLJ S l _2013. 2013. Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No.: _ Fax No.: ® 2013 Stantm 1193801857 004110-4 BIO FORM A Partnership A Corpratian Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: (SEAL) State of Incorporation: Type (General Bysiness, Professional, Service, Limited Liability): rAFWERRL1JLL&WES3 By: (Signature) Name (typed or printed): Title. —PR 5 I US01 oo R Attest (CORPORATE SEAL) (Signature of Corporate Secretary) SWMET►CH.* C.ORPORFITE CUAWMA� Business Street Address (No P.O. Box #'s): 1l M-URNMINNTS. 1b r Phone No.: \ L62.) LQ S -2-31 4 O Fax No.: ( LI -2) tDQS - 2359 ® 2013 Stentec 1193801857 0041 10-5 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: _ _. Fax No.: Joint Venturer Name: By: Name (typed or printed): Business Street Address (No P.O. Box #'s): _(SEAL) Phone No.: _ Fax No.: _ Phone and Fax Number; and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individualr partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 0 2013 Stant5c 1193801857 004110-6 BID FORM Merchants Bonding Company Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Visu-Sewer, Inc., W230 N4855 Betker Drive„ Pewaukee, Wl 53072 as Principal, hereinafter called the Principal, and Merchants Bonding Company a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE as Obligee, hereinafter called the Obligee, in the sum of FIVE Percent of Amount of Bid-----------------------------------------------------------Dollars ($ 5 %), for the payment of which sum well and truly be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2013 SANITARY SEWER LINING — CITY PROJECT NO. 921 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seated this 1 ZTH (Witness) James S. Serketich, Corporate Secretary N I a Mo� Mi 00, 57FS-BID BOND day of JULY 2013 Visu-Sewer, Inc. (Principal) (seal) Keifh M. Alexander, President (Title) Merchants Bonding Company (Surety) Debbra A. Hinkes, Attorn "%k MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the 'Companies"). and that the Companies do hereby make, constitute and appoint, individually, Charles L Schiltz; Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli of New Berlin and State of WI their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TWENTY-FIVE MILLION (525,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the sea] of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. ••�d,�G" e�7 MERCHANTS BONDING COMPANY (MUTUAL) t�Rq;±ps MERCHANTS NATIONAL BONDING, INC. 1933 e: • . J � . BY STATE OF IOWA y4.y Rpa •`•'' •`\'• President COUNTY OF POLK ss_ a"""' On this 2nd day of March 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors_ In Testimony Whereof, , have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT i A02 't Commission Number 770312 ' My Commission Expires owe. October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this L LYH day of SIAL,1 , 2013 POA 0014 (11 /11) 9• •• . �O�NG . Cp,0•. ••�O DA1POq .09. y 1933 • Secretary THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 BIDDER: Insituform Technologies USA, LLC DOCUMENT 00 4110 BID FORM 2013 SANITARY SEWER LINING CITY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA 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 Bldding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and bests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions In or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 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. Q 2013 Raatm i 193801857 00 41 10 -1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the Information known to Bidder, information and observations obtained from visits to the Site, reports and drawings Identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally 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. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights bo challenge a contract pursuant to law, 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Conditions Q 2013 Rantec 1 193801857 004110-2 BID FORM 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. N. Item units Qty Unit Price Total Price BASE BID 1 MOB1117ATION LS 1 $ /Di 000 , Oc7 $ la, OpD. r?c7 2 TRAFFIC CONTROL LS 1 $ 017 . �-o $ c. to 0 3 BYPASS PUMPING LS 1 $�f ��}o - U� $ I (o0 - C. 4 SEWER REHABILITATION WITH CIPP, 9" LF 5,710 $ 4, i c) $ 7 (P f lc,�D o TOTAL BASE BID $ I sal t077. /• cc) ALTERNATE NO. 1 d 5 TRAFFIC CONTROL LS 1 $ G7,10 $ 6-7 • c) 6 BYPASS PUMPING LS 1 $ Kb# To $ 7 SEWER REHABILITATION WITH CIPP, 9" LF 470 $ °` -1p $ TOTAL ALTERNATE 1 $I -T Kdc) SUMMARY: TOTAL BASE BID $fOW �f) TOTAL ALTERNATE NO. 1 $ v -7f4. 0-o TOTAL BASE BID WITH ALTERNATE NO. 1 $ go 0 2013 Stentec 1193801857 004110-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the forth of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated In the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on Ja1y 11 .2013. Name (typed or printed): By: Doing business as: Business Street Address (No P.O. Box Ws): Phone No.: Fax No.: 0 2013 Shantec 1 193871857 00 41 10 - 4 BID FOM AA P�rshio A Corporation Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: Insituform 'Technologies USA, LLC (SEAL) State of Incorporation: Delaware Type (G_wggral Business,ProfjmWgnal, Service, Limited Liability): Limited Liability Company By: (Signature) Name (typed or printed): Jana Lause Title: Contracting & Attesting Officer Attest (CORPORATE SEAL) Signature of Corporate Secretary) Joann ssistant Secretary Business Street Address (No P.O. Box #'s): 17988 Edison Avenue, Chesterfield, MO 63005 636-530-8000 Phone No.: 636-530-8701 Fax No.: 0 2013 Staniec 1 193841857 OC 41 10 - 5 BID FORM A Joint Venture NIA Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: ;Signature of joint venture partner) Fax No.: Joint Venturer Name: WT A SEAL) By: Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be In the manner indicated above). END OF DOCUMENT Q 2013 Stantcc 1193801857 CC 41 10 - 6 BID FORM INSITUFORM TECHNOLOGIES USA, .LLC Assistant Seeretary's Cercificate the undersigned, being the Assistant Secretary of Insiusform fec:hnologies USA, LLC, a Delaware limited liability company (the "Company"). hereby, certifies that: L The following, individuals have been appointed by the Board of ?Managers to serve in the office of the Company set opposite their respective natne.s: Name Office 1-1. Douglas Thomas Vice. President Joann Smith Assistant Secretary Denise Carroll Assistant Secretary 2. The following is a true and cornea excerpt 1'rorn the Limited Liability Company .Agreement of the Company: Apppintments hy_the l're�sident. The President oftho Company may from time to time appoint officers of the Company .s operating divisions, and such contracting and attesting officers of the Company as the President may deem proper, who shall have such authority, subject to the conirol of the Burd of Managers, as the President may from time to time prescribe. 3. The President of the Company has, pursuar►t to the above al,ihority, duly appointed Jown Smith, Denise L.. Carroll, Debra Jasper, Jaoa L.Rcuce. and Dinaie Partridge as Contracting and Attesting Officers of the Company. Each of the foregoing have been fully authorized and cmpowered by the President of the Company (i) to certtfv and to attest the signature of any cyfiicer of the Company, (ii) to enter into and to bind the Company to pertbrm pipeline reliabilita;ion activities of'the Company and all matters related thereto. including the maintenance of one car .s1iore offices and facilities of the Company. (iii) to execute and to deliver documents on bob sha f of the Company, and (ire) to take such o tier action as is or may be necessary and apprcpriatx to carry out the project, activities and work of the Company. IN WITNESS W11E REOZ 1 have hereunto affixed my name as ,Assistant Secretary this 22°" day of Fobruaty, 2013. INSl RJFORM TECIINOLAGIES USA. LLC By: _ od O'Donoghuer' - Assistant Office of the (Minnesota Secretary of State Foreign Limited Llabiilty Gornpany I Certificate of Authority to Transact Business In Minnesota Mixt mAo SkdU es, Chopter 322B Read the indraetims before complelog this form, rt Filing Fee: $185.00 This C fif=te of Authority has been approved pursuant to AfiWresala &atutes, Chapter 3223. By filing tills Certificate of A fiarity, the company certW= that it Stas complied with the organization laws in the jurisdiction of its organi:a9=6 1. The legal name ofthis company in the Home Jurisdiction: (Requited) WrWFORM TECHNOLOGIES LPA, LLC 2. Mw altuada name under which the company will do business in I4ftuaesota, if ditTea:uk than the legal name listed above: 3. Flame Judsdiatian: (Requited) Delaware 4. List the Expimclon. dale of company: (RegWfvd) perpetugl Peipetuai orMon&Mayffcar 5. The arame and address of the registered agent and registered office in the State of blinnesota: (Required) CorporattonService Company R Name ofRcpdmdAgent 380 7adman Street Suite 700 5t. Paul MN 6&101 6. Hoare address ofthe office in tbojadadiction where LLC is organized. 2711 CentervIlie Road, Suite 400 Wllmington Street Address (A PO Box by rtseijts XW aawpWk) [rLy DE 19808 State Zip Code 7, Principal Place of Businew Addtnas: (Requimd ONLY if there is no home address in tbn homy jurisdiction) 17985 Edison Ave. Chesterfield MO 63005 Sired Address (APO Box by duels rrorameptable) city Stater zip Cade 8.4 the under certify that I am scgi ft this document as the person whose signaLue is tequimdr or w agent of the pttreon(s) whose signature would be required who lana artthorisol me to signthis dommenton hWkw behaK or in both capacities. I 5 m&w certify 6sd I have completed all required fields, and that the infarmaTion in this docuunu= is trete and cornett =din compliaoeo with the applicable cbspter of M'mnesola Statutes. i uadersland that by signing this daomoent I mnof pe!Iduty as set fi w& in Section 609.48 as if I Ira 72J d this duc==t undo oath. 2- du Sigmre a udwr zed Peracm or Audxni=d Agent Date ,;rAlE of 1}EBW �r� or - p Ll - JAN - JAN 2 3 2012 fmaaw of SW Office of the Minnesota Secretary of State Fomign Corporation or Cooperative I CertMeate of Mthdrawal Ifinnesnta 8tander. Chapter 303 Read the instructions before compleft this farm. lffiing Fee $sue 1. Na= of Conpmstion in Doan lusts kdon: (Roquoced) INSnUFt.1RUTEC!'WOI.OGMS USA, INC. 2 Ah vete Name used in IVfi acwts, if applicable: 3. Home JurWictIan: (ft&p*ad) Delaware 4. The corporation, authorized to bansectbusiacss inMiunesots, hereby apphos fora certificate ofwrthdrnwaL This corporation has too pwpmty located in Minnesota and has ceased to transact business in N=wofi (Required} S. The Boned of Dbzrtwa ofthe corporation has decided to surrcadcr its auflority to xansaetbusiness in fifinacsote, and revokes the audunity of its registered agent to accept service ofproccas. 6. Any prooeas that maybe scared upoalM Scaz any of State ofManesota after the wid& vral of this corporstion k Nnuemta should he fotwarded to: (Required) insitalom Txbaologies USA, LLC Name 1798SEdisonAve. [haiezfi.eld Address City MO 63005 State .Tap Code 7. Tho emportioa hemby pr=m ses to pay to theComndg&m of M=agssr eat sued 8udgct say additional license found by the Seavimy of State to be rine and owing. B. I, the undera4WA certify that 1 am Swaing ibis document as the person whose signature is required, or as agent of the perttan(s) whose signamm wanld he required who bas suthar zM ma to sign this docornrmt on hislher behalf, of in bcdh capacities. I farther certify that I have eampletnd all rcquircd fields, and that the info mation in this document is tam end correct andin compliance with the applicable chapter of Minamota Statutes. I and rsraod that by signing this docemtsot I am subject to the penalties uuy ss sot faeth in Section 609: S as if I had signed this dcauaent tmder oath. .r n 4, fA'l� ES= Signature of dent, Vve Pres., See -y. Asst ee'y or Autlwrixed Agent Date FILED Emma Address for official Natives JAN2 3 ZO �� Enter an email addrapts to which the Secretary of Stats can forwwdaffacial notices required bylaw and other n es: ❑ Check hme to have your email addreu excluded from. rcgtresfs for bulls data, to the extent allowed by M imsma law. List s name and daytime phone number of a person who can he contacted about this form: Contact Name Phone Number Faaeigi�Carp mwlRar_rl/pAROrl Delaware qhe First State PAGE 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT TAS ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE CORPORATION UNDER THE MANE OF "INSITUFORM TECHNOLOGIES USA, INC." TO A DELAWARE LIMITED LIABILITY COMPANY, CHANGING ITS NADH FROM "INSITUFORM TECHNOLOGIES USA, INC." TO "INSITUFORM TECHNOLOGIES USA, LLC", FILED IN THIS OFFICE ON THE THIRTIETH DAY OF DECEMER, A. D. 2411, AT 11: 35 O ' CLOCK A. M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF CONVERSION IS THE THIRTY-FIRST DAY OF DECEMBER, A.D. 2011, AT 11:58 O'CLOCK P.M. 2024080 8100V 111355550 You may verify this cozUt"Icate online at corp.de2arvere.gnv/authver.ahtml WL5�(-��7 Jeffrey W. Bullock, SecretaryoFStaW AUTEE ION: 9264916 DATE: 12-30-11 Delaware P.G. , the .first state I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY TEAT TAE ATTACHED IS A TRUE AND CORRECT COPY OF CERTIFICATE OF FORMATION OF "INSITUFORM TECHNOLOGIES USA, LLC" FILED IN THIS OFFICE ON THE THIRTIETH DAY OF DECEMBER, A.D. 2011, AT 11:35 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF FORMATION IS THE THIRTY-FIRST DAY OF DECEMBER, A -D. 2011, AT 11:58 O'CLOCK P.M. 2024080 8100V 11/355550 You mayverify this certificate online at corp. delaware.gov/authver.shtmi Jeffrey W. Bullock Secretary ofstate AUTHEN TION: 9264916 DATE: 12-30-11 AJ -A Durno A31 o TIM -2010 Bid Bond CONTRACTOR: (Name, legal status and address) INSITUFORM TECHNOLOGIES USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 OWNER: (Name, legal status and address) City Of New Hope 4401 Xylon Avenue North New Hope, MN 55428 BOND AMOUNT: Five Percent of the Amount Bid SURETY: (Name, legal status and principal place of business) This document has Travelers Casualty And Surety Company Of important legal America consequences. One Tower Square Consultation with an Hartford CT 06183 attorney is encouraged � with respect to its completion or Mail Notices To: modification. Travelers Attn: Inez Meyerholz - Bond Claims Any singuiar reference to One Tower Square 2S1A contractor, Surety, Hartford, CT 06183 owner, or other party shall be considered plural where applicable. ---------------- dollars ($ 5% of Amount Bid) PROJECT: 2013 Sanitary Sewer Relining, City Project No. 921, Project No. 193801857 (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 11th day of July, 2013. t (w► ees) Joann Snih Assistant Sam" (Wlh!<ass) Kelston L. Lucas, Witness ZN5WLW9ff =012420P USA, LLC (P") (moi) (Tittle) I=Llmse ConuaWMdtAwing011M Travelers Casualty And Surety Company Of America (surety) ... (Sea!) (Title) Debra A. Woodard, Attorney - n -Fact Init. AIA Document A3le -- 2010. Copyright ®1963, 1970 and 2010 by The American Instihrte of Architects. All rights reserved. WARNING: This AIA Document is protectud by {U.S. Copyright Law and International Treads. Unauthorized reproduction o. distribution of this AIA Document. or any portion of it, may result in severe civil and :rlminal penalties, and will be prvsecuttd to the maximum extent possible under th,: law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright vioiations of AIA Contract Documents, a -mai! The American Institute of Architects' legal course?, coovriohtt5aia.ora. 061110 State of Missouri County of St. Louis On 7/1112013, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Debra A. Woodard known to me to be Attorney -in - Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Zistan L. Lucas, Notary Public KRIS7Ald L. LUCAS No public -Notary Seal STATE DF dI1l5SDlrlfil St Louis County My commission Expires: Mar. Ia. 2015 My Commission Expires: c°rrrrnission * 11543956 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER AM POWER OF ATTORNEY TRAVELERS] Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225910 Certificate No. 005409135 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Debra A. Woodard, and Barbara Buchhold of the City of Chesterfield , State of Missouri , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in an-* actions or proceedings allowed by law. IN WITNESS WhHEREOF, the Companies have caused this instrument to be signed and then corporate seals to be hereto affixed, this 18th day of , Farmington Casualty Compan3 Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ;DpASV r 0-, 0,111 O' �.fes..+..�° State of Connecticut City of Dartford ss. By: Robert L. Raney, keQr Vice President On this the 18th day of March 2013 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.' * �w1 A C F My Commission expires the 30th day of Tune, 2016. * ��O f Marie C. Thtreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 11 day of July 20 13 Devin E. Hughes, Assistant Sec terry G�,aqAppSqaUw,,��,} 4R 4 V�*Il. I'S4 N� IN8�gq J*,,iY AMO 1Y4� '� iy • hal �FNNG6 X13 �-Al�.i' �$' R�j� bj ' FP � • �1�� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New hope, MN 55428 BIDDER: MICHELS CORPORATION DOCUMENT 00 4110 BID FORM 2013 SANITARY SEWER LINING CITY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA 2013 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner In the holm included in the Bidding Documents to perform all Work as specified or Indicated In the Bidding Documents far the prices and within the times indicated In this Bid and In accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date �h B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cast, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions In or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 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. Q 2013 Stantec 1193801857 00 41 10 -1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has corrdatBd the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally 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. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by dear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions () 2013 5tantflc 1193801857 004110-2 BID FORM 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 LS 1 2 TRAFFIC CONTROL LS 1 $ 3 BYPASS PUMPING LS 1 $� 4 SEWER REHABILITATION WITH CIPP, 9" LF 5,710 $ $ 14� ty�` 1 TOTAL BASE BID $ I SL� 1? q1t L ALTERNATE NO. 1 5 TRAFFIC CONTROL LS 1 $ "130.00 $ Sa 6 BYPASS PUMPING LS 1 $ 1 5(+ oo $ 1 S (" 7 SEWER REHABILITATION WITH CIPP, 9" LF 470 $ QS.S 0 $ 1k. TOTAL ALTERNATE 1 $ 1.1. 1 . SUMMARY: TOTAL BASE BID $ 154, 9-9 L. Do 00 TOTAL ALTERNATE NO. 1 $ TOTAL BASE BID WITH ALTERNATE NO. i $1 b' L ® 2013 Stantec i 193801857 004110-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMrMD on J[JLY 11 .2013. Name (typed or printed): By: Doing business as: Business Street Address (No P.O. Box Vs): Phone No.: Fax No.: 0 2013 Stantec 1193801857 004110-4 BID FORM Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Ws): Phone No.: Fax No.. Corporation Name: MICIIELS CORPORATION Z z; State of Incorporation: WISCONSIN '101 4111' Type (General Business, Professional, Service, Limited Liability): By: , Y , C'e 4Ef i ,OE.v r (Signature) Name (typed or printed): PATRICK HERZOG Title: VICE PRESIDENT ilo Att a ®RP06-E Q eZ DAVID R;iG S. ASST. SECRETARY (Signature of Corporate Secretary) I Business s Coorat on 817 West Ma Min Street PO Box 128r yi �1 S� 001 ��►�!ld11 ]iiiti�� Brownsville, Wisconsin 53006 Phone No.: 920 583-3132 Fax No,: (920) 924-4323 Communications can be sent to Carey Preston, Contract Administrator, epreston@michels.us ® 2013 Stantac 1193801857 004110-5 BID FORM A Joint Venture Joint Venture Name: By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: By: (Signature) Name (typed or printed): �'Je: Business Street Address (No P.O. Box #'s): Phone No.: _ _ Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be In the manner indicated above). END OF DOCUMENT ® 2013 Stantm 1193801857 004110-6 BID FORM CONSENT RESOLUTION OF THE BOARD OF DIRECTORS OF MICHELS CORPORATION JANUARY 2, 2013 The undersigned, being the Board of Directors of MICHELS CORPORATION, a Wisconsin corporation, pursuant to Section 180.0821 of the Wisconsin Statutes, do hereby consent to the following acts taken without a meeting: RESOLVED: that any of the following elected officers and appointed managers shall have the ability to legally negotiate and execute contracts and agreements on behalf of the Corporation for the fiscal year ending December 31, 2013 or until their respective successors have been elected and qualified: Chairman of the Board Ruth L. Michels Chief Executive Officer Patrick D. Michels President Patrick D. Michels Executive Vice President Brian P. Johnson Vice President Kevin P. Michels Vice President Steven R. Michels Vice President Timothy J. Michels Vice President David A. Nelson Assistant Vice President Murray Luedtke Treasurer Patrick D. Michels Chief Financial Officer John Schroeder Secretary Brian P. Johnson Assistant Secretary Mary H. Ausloos Assistant Secretary Joshua R. DeBruine Assistant Secretary Stephen K. Eder Assistant Secretary Susan P. Kaiser Assistant Secretary Kevin P. Michels Assistant Secretary Ryan Murphy Assistant Secretary David R. Phelps Assistant Secretary Daniel R. Schwartz Senior Vice President of Construction Operations Robert H. Westphal Senior Vice President Raymond G. Post Senior Vice President Ronald Tagliapietra Vice President of Advanced Pipeline Product Development Kelly Odell Vice President of Human Resources Karen Wuest Vice President— Michels Materials, Pit and Quarry Operations Robert A. Bingen Vice President— Michels Paving Division Michael R. Debelak Vice President— Michels Power Division Mark Harasha Vice President— Michels Communications Division Jerrod T. Henschel Vice President — Michels Pipe Services Division Patrick Herzog Vice President — Marketing and Business Development Mark E. Hutter Vice President — Michels Directional Crossings Division Timothy McGuire Vice President — Operations, Michels Pipeline Construction Division Robert C. Osborn Vice President— Michels Materials, Road Construction Operations Otto J. Ramthun, Jr. Vice President— Electrical Engineering Gerald W. Schulz Vice President — Business Administration and Chief Legal Officer A. David Stegeman Vice President -- Michels Materials, Crushing Operations John J. Westerman General Manager— Michels Wind Energy James H. Black, Jr. General Manager — Michels Foundations James S. Claeys General Manager —Anderson Brothers and Johnson Thomas D. Ellias General Manager — Mtchels Tunneling Division James J. Kabat Sen lor Manager — Northwest Region, Michels Power Division Landon Kluck Senior Manager — Michels Power Division Zebulan T. Green Dated this second day of January, 2013 +*1 MICHELS CORPORATION 817 W. Main Street - P.O. Box 128 - Brownsville, WI 53006-0128 Phone: 920-583-3132 FAX: 920-583-3429 CORPORATION Wisconsin Corporation since February 18, 1960 BANK: Federal I.D. No.: 39-0970311 American Bank of Fond du Lac Dunn & Bradstreet I.D. No.: 00-580-9868, Rating 5A2 676 W. Johnson Street 4268 Beagle Road Fond du Lac, WI 54935 Accounts Payable contact: Missy Vande Zande ph 920-922-9292 fax 920-924-2323 Ext. 2319 Account No. 8620-2204 Fax: 541-826-8358 Contact. Jim Chatterton, President OFFICERSIBIRECTORS: Ruth L. Michels* Chairman of the Board 364 Oakdale, Brownsville, WI 53006 Patrick D. Michels* CEOIPresidenttTreasurer 750 Meadow Ridge Lane, Brownsville, WI 53006 Brian P. Johnson V.P./Secretary N7430 Niagara Lane, Fond du Lac, WI 54935 'Denotes Director BOMBING COMPANY: BONDING AGENT: CNA Surety Weible & Cahill 3500 Lacey Road, Suite 1050 2300 Cabot Drive, Suite 100 PO Box 1562 Lisle, IL 60532 Downers Grove, IL 60515 Phone: 630-245-4600 Phone: 630-719-3013 Fax: 630-245-4601 TRADE REFERENCES: TT Technologies 2020 E New York Street Aurora, IL 60502 Phone: 630-851-8200 Fax: 630-851-8299 North American Composites 4523 Collections Center Dr Chicago, IL 60693-0045 Phone: 800-736-5497 Fax: 651-765-8378 Jeta Corporation P.O. Box 336 Neenah, WI 54957-0336 Phone: 888.380.0805 Fax: 920.486.7078 Attn.: Laurie Miller Ziegler Inc SDS 12-0436 PO Box 86 Minneapolis, MN 55486-0436 Phone: 952-888-4121 Fax: 952-885-8212 Serimax North America 11315 W Little York Rd, bdg #3 Rugged Enterprises LLC Houston, TX 77041 4268 Beagle Road Phone: 832-230-2700 White City, OR 97503 Fax: 713-559-0963 Phone: 541-826-8258 attn.: Tom Newton Fax: 541-826-8358 EH Wolf & Sons PO Box 68-5094 Milwaukee, WI 53268 Phone: 262-644-5030 Fax: 262-644-5424 Dixie Mat & Hardwood 216 Herring Road Sandy Hook, MS 39478 Phone: 800-927-2059 Fax: 601-876-2977 Attn: Amy Vowell Matteson Communications PO Box 2137 Fond du Lac, WI 54936-2137 Phone: 920-921-8315 Fax: 920-921-5520 Office of the Minnesota Secretary of State Certificate of Good Standing I, Mark Ritchie, Secretary of State of Minnesota, do certify that: The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. Name: Date Filed: File Number: MICHELS CORPORATION 12/02/1987 42455 Minnesota Statutes, Chapter: 303 Home Jurisdiction: Wisconsin This certificate has been issued on: 05/02/2013 Mark Ritchie Secretary of State State of Minnesota ` Minnesota Department of T HUMAN RIGHTS CERTIFICATE OF -COMPLIANCE MICHELS CORPORATION is hereby -certified as a<contractor by the Minnesota Department of Human Rights.- This certificate is Y01d from 41412012 to 41412014. This certification is subject to revocation or suspension. prior to its expiration if the department issues a finding of noncompliance or if your organization fails -to make a good faith effort to implement its affirmative action plan... M!nnes6 Department of Human Rights FOR THE DEPARTMENT BY: .E Kevibl M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER Freeman Building • 625 Robert Street Notth '• Saint Paul, Minnesota 55155 Tel 651.539.1100 • TTY 651.296.1283 • Toll free 1.800.657.3704 9 Fax 651.296.9042 • www.humanrights.state.mn-us- NICNELS CORFOROOK 897 W. Main Street • P.O. Box 128 • Brownsville, Wi 53008-0128 � s 9201583-3132 + Fax 92OM24-4320 ROS �� PIPESESVICES www.michels-usa.com, RE: Brief Description of Inversion/Curing Process The Inversion Process begins with a PRE -TV and Cleaning of line segment. Once complete, the liner is attached to the "Shooter". The "Shooter" uses compressed air to invert the liner through the host pipe. When the liner has inverted through the entire run, to the tail manhole, the liner is removed from the "Shooter". Cans are banded to both ends of the newly installed liner. Once accomplished, the air and steam hoses can be attached. When everyone is cleared out of the manhole the liner will be slowly inflated to the recommended care pressure. Once secured, steam will be slowly added as to the manufacturer's recommendations. After the cure is complete, air will begin to be circulated through the pipe allowing the temperature to cool to 113 degrees (Per ASTM F1216) or less. At this time all pressure will be released from the liner and man entry can be allowed, following all OSHA regulations, into the manholes to cut the ends. After ends are cut, the lateral reinstatement Can be accomplished. Following the lateral reinstatement the Post TV inspection can tame place. TELECOMMUNICATIONS a GAS PIPELINE • DIRECTIONAL DRILLING a ELECTRICAL • AGGREGATE MATERIALS SEWER, WATER & TUNNELING Y CONCRETE • ENGINEERING • DESIGNIBUILD BROWNSVILLE. W1 • SEATTLE, WA & MILWAUKEE. WI • HARRISBURG, PA • NEENAH. WI • TOPEKA, KS • PEORK AZ • GREEN BAY, wl * CALGARY, A9 AN EQUAL OPPORTUNfTY E APLOYER" February 18, 2013 Mr. Chris Tavernier, Operations Manager Michels Pipe Services 1715 161h Street S E Salem, OR 97302 Dear Mr. Tavernier: INTERPLASTIC CORPORATION Thermoset Resins Division 1225 Willow Lake Boulevard Saint Paul, Minnesota 55110-5145 (651) 4$1-6860 Fax (651) 481-9836 You have requested information on s cured -In-place pipe (CIPP) resin manufactured by Interplastic Corporation, COR72-AT-470HT. This resin has been manufactured by Interplastic Corporation for over twenty five(25) years and over 270 million pounds has been used to successfully renovate deteriorated sewer and storm water lines. Interplastic Corporation is certified under 1809001-2000. This resin meets the requirements found in ASTM F1216, ASTM F1743, and ASTM D- 5813 from the standpoint of achievable mechanical properties and corrosion resistance. This resin has also been tested under ASTM D2990 and exhibits a creep retention factor of 50%. Michels Pipe Services have successfully used this resin to renovate deteriorated lines using the CIPP process. The formulation for this resin includes a resin enhancer which allows the system to exhibit higher mechanical properties. Resin formulations for Interplastic Corporation are proprietary. The enhancer amount used in the resin is approximately 25°1x. The enhancer and resin form an acceptable bond resulting in the increased propeifies. This system is designed to be used in an aqueous environment. I hope that this information proves to be useful. Please contact me at 281-687-8617 if you have additional questions or comments on this matter. Sincerely, Kaleel Rahaim Business Manager Remediation Polymers Thermoset Resins Division Cc: Nicole Kleweno, Dave Herzog, Ben Hazen, Jason Schiro Environmental, Inc. July 3, 2013 "Common Sense Solutions" 9855 West 78th Street, Suite 400, Eden Prairie, Minnesota 55344 To Whom It May Concern: Phone: (952) 944-8093 Fax: (952) 944-4399 Cell: (612) 385-4101 This letter certifies that Michels Pipe Services, a division of Michels Corporation, is a certified, licensed and trained installer of the Premier -Pipe process (a CIPP process) as certificated by Premier -Pipe USA. Michels Pipe Services has been a trained and certificated installer since 2002. J.W.M. Environmental, Inc. is the Licensor of Premier -Pipe USA and Premier -Pipe Canada. J.W.M. Environmental, Inc. certifies that all CIPP liner installed by Michels Pipe Services meets or exceeds the recognized organization standards of ASTM F1216 latest edition. If you have any questions, please contact me. Sincerely, J. W.M. Environmental, Inc. amen W. Mortell, Jr. President JWM:agh STATE OF MINNESOTA COUNTY OF HENNEPIN Sworn to and subscribed before me, the undersigned notary, on the 3rd day of July, 2013, by James W. Mortell, Jr. ��•• ��rr ANN NIf43tiE Q MILL f! IYOrnR11r �8QNANW W t�lYIM>$9lON EJ�Ii� 1 4 Notary Public My Commission Expires: January 31, 2014 e' PREMIERialPE ETSA A ¢fyAP` LIED FELTS March 26, 2009 Michels Corporation P.O. Box 128 817 Main Street — HWYA9 Brownsville, WI 53006 To Whom It May Concern: This Ietter certifies that Applied Felts manufactured tubes meet the material requirements of ASTM F1216-09 (paragraph 5.1) and ASTM F 1743-96 (2003) (section 6) as well as meet the minimum strength requirements of ASTM -135813 (paragraph 6.1). All our materials and finished products are tested to ensure suitability to the application. Each liner is typically tested in 28 different ways and traceable test data is available for any particular liner Applied Felts has provided polymer coated felt tubes for use in Cured In Place Pipe (CIPP) lining for more than twelve years, and supplied materials for the CIPP industry for more than twenty years. Over 35 million feet of our liner has been successfully installed world wide, of which 20 million feet has been installed in the United States. All components that make up our liner are manufactured in the United States as well as the assembly of the liner. Applied Felts is a registered ISO 9001:2000 company. Sincerely, Walter C. Mattox, General Manager Applied FelK lac., 450 LalkV Drive, MaakrWk VA 24112; Tel. (276)U&19M. Fax (276)656.1909 Emil. a friu@applw drdtA= THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Band KNOW ALL MEN BY THESE PRESENTS, THAT WE Michels Corporation 817 W. Main Street Brownsville Wl 53006 as Principal, hereinafter called the Principal, and Continental Casualty Com an 333 S. Wabash Ave. Chicago, IL 60604 a corporation duly organized under the laws of the State of IL as Surety, hereinafter called the Surety, are held and firmly bound unto Ci of New Hope 4401 X lon Ave. North New Hoe MN 55428 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% }, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of New Hope: 2013 Sanita Sewer Lining Cit y Project No. 921 NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this _ 11th day of July Lisa Caron Michels Corporation n (Princow) id -L. Continental Casu aMPOAAte SEAT. 3 /ce- ez - - - / / (Tice) N�_ � AIA DOCUMENT A310 • BID BOND 0 AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 G -23208-B ss, STATE OF Illinois COUNTY OF WHI I, Kimberly R. Holmes Notary Public of Will County, in the State of Illinois , do hereby certify that Esther C. Jimenez Attomey-in-Fact, of the Continental Casualty Company who is I personally known to me to be the same person whose name Is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the Continental Casua4 Cam an for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Lisle in said County, this 11th day of July „ A.D., 2013 FAW�A "Notary Public/ - L�MKMMIY-�-RH�W My Commission expires: February 11, 2014 0FFICIAL SEAL KIMBERLY R. HOLIVIES NOTARY P4l8LIC, STATE OF !LLlNOlS IuiY COl�ffullSSION EXPIRES 2/11/2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies'!, are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Esther C. Jimenez , Individually Of Lisle, IL their hue and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bond Number: Bid Bond Principal: 1Viichels Corporation Obligee: City of New Hope and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pu mmt to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the 'assurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this i 6th day of May, 2012. ,r re MY 3F. ool Continental Casualty Company National Fire Insurance Company of Hartford American Cas ty Company of Reading, Pennsylvania Paul T. Bruflat Ar Vice President State of South Dakota, County ofMnnehaba, ss: On this 16th day of May, 2012, before me personally came Paul T. Brullat to me !mown, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fails, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fine Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. ------------- J. MOHR My Commission Expires June 23, 2015 J. Mohr Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and finther certify that the By -Law and Resolution of the Board of Dined= of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 11th day of July -- 2013 G�(TY � 4� �pllNran sm OR JULY 71. f 897 J • Form F6853-412012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania 11��%- �e) - - A D. Bait Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 2P day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers'l to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the foIIowing resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25"' day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995.- "RESOLVED: 995:"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf ofAmerican Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25d day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers'l to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatureel; Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." _—_�wsa eewr —_ etwe umpeR-- pkw Ooleaeeea CY.Y m11Y EM —��! m'—�—' i°°--�-'-•--"---- - � I—STI—I I—�—I____.�-.___—I — - ---- — -- -- -- _ -._ �• �. tat --� —_ - ——.--I—��_i--,—_ — _—_ -- --..— —. _� —.— _ —� IN-- ----- -- -- '---- ---'-- — -- --- .. —. aye -- -- - - — — -- — _ ii 1 yam_ � 1m em IN , y tm - _ - —' ---1—;moi-- -- _ zam .. -� _. - �ry -- ---- -- -- - I-- 1 -- I--- -- -- -I--- __ — I— —• sos; tem — — — —i— "'"'-"_' - — 777t _% Mtn yem a mr eeae �mt .. -----— ,»,.,........„..... — __. __ 3 _ ...�__._.__._.�. ___1� _ _.___ ____._ _�� _ ._—._ ._-.T _____.. —..__..__A__�._...._G.._._.—� = ._...._181 .._...._.... __�I—."-. �—_—• t____�_ _ •-. _. _ '__ • Z50b Yi kN JWILYMld1 I�1ex3.,Wa - -.- �-_ T �..�.... 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I�-I � ��—" i i - THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 BIDDER: SAK Construction, LLC DOCUMENT 00 4110 BID FORM 2013 SANITARY SEWER LINING CITY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA 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: A. Bidder has examined and carefully studied the Bidding Documents, the other related data Identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter A Agendum Date June 7, 2013 __ July 10, 2013 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. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction th 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, ® 2013 Stantec 11938011357 004110-1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports anc 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. I 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. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by dear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions ® 2013 Stantec 1193801957 004110-2 61D FORM 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 LS 1 $ 20, 000. 00 $ 7-0 1000,00 2 TRAFFIC CONTROL LS 1 $ 1, 000 . 0 0 $ �, 0 00.00 3 BYPASS PUMPING LS 1 $ $, I e. 00 $ 4 SEWER REHABILITATION WITH CIPP, 9" LF 5,710 $ Z.S. 15 $ I --m 54, TOTAL BASE BID $ 1 V. 4 4 L. SO ALTERNATE NO, 1 5 TRAFFIC CONTROL LS 1 $ 2.5 O . 00 $25o 00 6 BYPASS PUMPING LS 1 $ Li -70. 00 $ Lt-) O .00 7 SEWER REHABILITATION WITH CIPP, 9" LF 474 $ _ . 10 $ 1k 1111. OO TOTAL ALTERNATE 1 $ 11 1517.Oo SUMMARY: TOTAL BASE BID $1%1, K46.$o TOTAL ALTERNATE NO. 1 sI?.. 517. oD TOTAL BASE BID WITH ALTERNATE NO. 1 $ 11 oL 1 L1. So ® 2013 Stantec 1 193801857 004110-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security In the form of 5 percent, 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on July 10 , 2013. Name (typed or printed): NIA _ By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) p 2013 Stantec 1 193841657 OD 4110 - 4 BID FORM A Partnership A Ca or r Partnership Name: N/ (SEAL,) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: SAK Construction LLC (SEAL) Slate of Incorporation: _ Type (General ine , By: Name (typed or printed): Title: Vice President Limited Liability Attest �,• (CORPORATE SEAL) (Signature of Corporate Secretary) Steve Stulce, Secretary Business Street Address (No P.O. Box #'s): 864 Hoff Road O'Fallon, MO 63366 Phone No.: _636) 365-1000 Fax No.: 636 385-1100 ® 2013 Stantec 1193801B57 004110-5 BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): (Signature of joint venture pa ) Fax No.. Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 0 2013 Stantec 1193801857 004110-6 BID FORM DOCUMENT 00 91 13 ADDENDUM A 2013 SANITARY SEWER LINING IMPROVEMENTS STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA JUNE 7, 2013 Number of Pages: 2 (includes this sheet) To: All Pianholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. AK ConstruCtion, LLC July IQ. 2013 Company Name Date Oc 2012 Stantec 1 193801857 ADDENDUM A 0091 13- 1 DOCUMENT 00 91 13 ADDENDUM B 2013 SANITARY SEWER LINING IMPROVEMENTS STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA JULY 10, 2013 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager The following changes, addltlons, 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. 5AK Construction LLC July 10, 2013 Company Name Date 0 2013 Stantec 1 193801857 ADDENDUM B 0091 13 1 April 26, 2011 !"S)AK CONSTRUCTION ION PIPE REHABILITAnON AND TUNNEL CON7RA=R To Whom It May Concern: NuFan t Headquarters I Jerry Shawn 86# Hoff Rd. I Pres dent arallon, MO 63366` mwn har 636379.2350 Wephme . IEj Ra older 'Acec hoi 636379.2461 fox www+vsak-cons��ionrom � 7oni Kattshirun Chairman[ Boyd Hirtz, Vice President and General Manager of our CIDP Division is hereby authorized to sign bids, extend offers, submit proposals and execute contracts on behalf ofSAK Construction, LLC. krome P. Shaw, Jr. President SAK Construction, LLC State of Missouri) County of St. Charles) On this 2& day of April, in the year 2011, Before me, Troy Thomas Bradshaw, a notary public, persona Ily appeared, Jerome P. Shaw, proved on the basis ofsatisfactoru evidence to b'e the pers6n whose name is subscribed to this instrument, and acknowledged he executed the same. Witness my hand and official seal. NOTARY PUBLIC Troy-rhomas Bradshaw Notary Publlo No"Seei State ot: Miissoutf County of Warren My CommisrAon Fires 19JIM011 (commission # 674'10273 SEAL An EqW Opp--r4,1-plu s CONFIDENTIAL LD41TED LiABI TTY COMPANY OPERATING AGREEMENT OF SAX CONSTRUCTION, LLC This Limited Liability Company Operating Agreement is made as of this 21st day of November, 2005 amore, those Persons signatories hereto. RECITALS A. The parties have formed a limited liability company under the laws of the State of Missouri_ B. The parties wish to set forth their agreement concerning the conduct of the business and affairs of such limited liability company and the relative rights and obligations of the parties in relation thereto, all as set forth herein. FAM -Z -00301-101k,61 Ea consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged by the paries by thear execution hereof), the parties agree as follows. 1. DefadtiGns; Construction. I.I.DeBmitions. For purposes 'of this Agreement, the following capitalized tetras have the following meanings. "Act" means the Missouri Limited Liability Company Act. "Addy. 0nal Member'' has the meaning set forth in Section 10.1. "Adjusted Capital Account Defzeif' means the negative balance in a Member's Capital Account as of the relevant time, adjusted to: (i) increase such Capital Account by: '(a) the amounts if any, of such negative balance which such Member -is obligated to restore under this Agreement; and (b) the amount, if any, of such negative balance which such Member is deemed to be obligated to restore under Treasury Regulation. §§I304 -2(g)(1) and 1.704-2(i)(5); and (ii)reduce such Capital Account with the items described in Treasury Regulation §§1.704-1(b)(2)(ii)(d)(4), (5) and (6). "Affiliate" 'means: (i) any Person which, directly or indirectly, is in control of, is controlled by or is under common control with the party for whom an affiliate is being determined; or (ii) any Person who is a director or officer (or comparable position) of any Person described in clause (i) above or of the party -for whom an affiliate is being determined. For purposes hereof, control of aPerson means the power, direct or indirect, .to: (a) vote 10% or more of the securities having ordinary voting power for the election of directors (or comparable positions) of such Person; or (b) direct or cause the direction of the management and policies of such Person, whether by contract or otherwise and either alone or is conjunction with others. "Agreenreni" means ibis Limited Liability Company Operating Agreement; including all Exhibits and Sckedules hereto. "Articles of Organization" means the articles of organization filed with the Missouri Secretary of State's office pursuant to the Act. and as herein provided for the purpose of forming the Company. "°Bankruptcy" has the meaning ascribed to such term in the Act. 1269360:Nakewbw29,2005 4.5. Contributed Property. The Members agree that the fair market value of the Contributed Property on the date of its Contribution will be equal to five hundred thousand dollars ($5110,000.00). In the event the TRS disagrees with such determination of fair market value by the Members, the Company will make such curative allocations of income and distributions to the Members as are necessary to achieve the same results as if such fair market value had been respected by the IRS. 4.6.Thixd-Party Creditor. A Member's obligation to make a Contribution is not enforceable by a third -party creditor of the Company. 5. Management of the Company. 5.1. Manager. 5.1.1. Management of the Company. The management of the Company is vested in the Manager. Except as set forth in this Agreement, the Manager is the agent of the Company for the purpose of its ordinary business and affairs, and has complete authority over and exclusive control end management of the day-to-day affairs of the Company without the affirmative vote, approval or consent of any of the Members. The act of the Manager for carrying on th'e business of the Company in the usual way and in. the ordinary,course binds the Company. In connection with such management, the Manager may employ on behalf of the Company or on belialf of any Subsidiary any other Person to perform services for the Company, including the Manager, Members or Affiliates. of any Member or Affiliates of the Manager. Izr furtherance of carrying on the business of the Company, the Manager may, subject to Section 5.2, do the following and bind the Company: 5.1.1.1. enter into and perforin. Contractual Obligations of any kind necessary or desirable to the Company's or airy Subsidiary's business; 5.1.1.2. establish, maintain, deposit in and withdraw from checking, savings, custodial, and other accounts in the name of the Company in such banks, trust companies or other financial institutions as -the Manager may from time to time select; 5.1.13. execute any notifications, statements, reports, returns or other fdings that are necessary or desirable to be filed with any Governmental Authority; 5.7.1.4. borrow money and incur Debt on behalf.ofthe Company or of any .Subsidiary on a nonrecourse basis to the Members and secure the same with fne Company's or any Subsidiary's property, including borrowing from Members, the Manager, Affiliates of Members arrd Affiliates of the Manager; 5.1.1.5. take such actions and execute sucli documents as may be required in connection with any loan agreement, mortgage, note, bond, indemnity, security agreement, escrow, bank letter of credit or other evidence of indebtedness which may be required in connection with Debt incurred by the Company or by any Subsidiary; 5.1.1.6. establish reasonable reserve funds from revenues derived from the Company's or any Subsidiary's operations to provide for future requirements of the Company's or any Subsidiary's business; a Subsidiary; thereto; amendments thereto; 5.1.1.7. forrv, organize, acquire, sell, dispose of, reorganize or liquidate 5.1.1.8. prepare the Budget fox each Fiscal Year and any amendments 5.1.19. prepare "the Business Plan from time to time, and any 10 5.1.1.10. invest the Company's and any Subsidiary's current assets in such investnnents as the Manager deems proper; 5.1.1.11. • make loans or advances to other Persons (excluding Members, the Manager, Affiliates of Members and Affiliates of the Manager), all upon terms and with such security as the Manager deems necessary under the circumstances; 5.1.1.12. do all acts which the Manager deerus necessary or appropriate for the protection and -preservation of the Company's or any Subsidiary's assets; 5.1.1.13. carry at the expense of the Company such insurance for public liability and other coverage (including directors and officers or comparable Iiability insurance) necessary or appiopriate to the business of the Company and the Subsidiaries in such amounts and of such types as the Manager determines from time to time; 5.1.1.14. make and revoke any election permitted to the Company by any Governmental Authority; 5.1.1.15. comprounse, settle or submit to arbitration, and institute, prosecute and defend any and all actions or claims in favor of or against the Company or any Subsidiary or relating to the Company's or any Subsidiary's business; 5.1.1.16. obtain all permits and licenses• necessary for the operation of the Company's or any Subsidiary's business and the ownership of its assets; 5.11.17. hire or appoint employees,' agents, independent contractors or officers of the Company or of any Subsidiary; 5.1.1.18. acquire by purchase, lease or otherwise, any real or personal property (including securities of or interests in corporations, partnerships, limited partnerships, limited liability companies or other Persons) which may be necessary, convenient or incidental- to the accomplishment of the purposes of the Corirpany or of any Subsidiary; 5.1.1.19. construct, operate, maintain, finance, improve, own,. sell, dispose of, convey, assign, license, mortgage or lease any real estate and any personal property necessary, convenient or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.20, prepay in whole or in part, refinance, recast, increase, modify or extend any Debt or any mortgages or security agreements affecting the assets of the Company or of any Subsidiary and m' connection therewith execute any extensions or renewals thcreof or any mortgages on the assets of the Company or of any Subsidiary; 5.1.1.21. invest or reinvest any or all of the revenues of the Company or of any Subsidiary in new assets or existing assets of the Company or of any Subsidiary; 5.1.1.22. engage in any kind of activity necessary to, in connection with or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.23. employ, when and if in the Manager's sole discretion the same is deemed necessary or advisable, brokers, managers, consultants, agents, accountants, lawyers or other expert advisors, notwithstanding the £act that the Manager, an Officer, a. Member or an Affiliate of any of the foregoing may have an interest in, employ or be one of the brokers, managers, consultants, agents, accountants, lawyers or other expert advisors; 11 5.1.1.24. sell, exchange, lease, license, mortgage, pledge or transfer all or substantially all or less than substantially all of the assets of the Company or of any Subsidiary either in or other than in the ordinary course of its business; 5.1.1.2-5. dissolve and wind up the Coinpany; 5.1.1.26. pay all fees, compensation and reimbursements to the Manager and his Affiliates as provided for herein; 5.1.1.27. amend this Agreement or the Articles of Organization; 5.1.1.28. change the name of the Company at any time; and 5.1..1.29. take any and all actions (whether described above or not) and engage in any kind of activity and perform and canny out all functions of any kind necessary to or in connection with the business of the Company or of any Subsidiary and exercise all rights and remedies of -the Company or of any Subsidiary in connection with any of the foregoing. 5.1.2. Appointment of the Manager. The initidI Manager is Jerome P. Shaw, Jr. Any Manager other. than the initial Manager is to be appointed by the Investor Member. The Manager may, but need not -be, a Member. 5.1.3. Term of the Manager. Jerome P. Shaw, Jr. will serve as the initial and sole Manager until such time as an Event o£ Withdrawal occurs with respect to him. Any Manager, other than the initial Manager, is to be appointed for a term of two years and occupies such position for the germ for which he is elected and until his successor has been elected and qualified or until he resigns as Manager or dies or becomes incapacitated or, if he is a Member, until the occurrence of an Event of Withdrawal with respect to him or until his removal hereunder, whichever first occurs. A Manager may be reappointed for an unlimited number of terins. 5.1.4. Resignation of the Manager. A Manager may resign as Manager at any time for any reason. Any such resignation must be in writing and must be delivered to the Investor Member. A resignation is effective upon such delivery. 5.1.5. Removal of the Managek. A Manager may be removed as Manager at any time, with or without cause, by the Investor Member_ 5.1.6. Vacancies: In the case of a vacancy in the position of Manager for one of the reasons set forth above, the Investor Member is -to fill such vacancy. 5.1.7. Meetings With Investor Member Representative. The investor Member shall appoint an Investor Member Representative. The initial Investor Member Representative is Thomas Ka:lishman. The Manager shall schedule quarterly meetings with the Investor Member Representative at which the Manager shall report on the financial performance of the Company and such other Company matters as the Investor Member Representative may request. The Company shall reirabm'so the Investor Member Representative for travel, lodging and other expenses incurred by him on behalf of the Company of in connection with the business of the Company. 51.8. Optional Board of Managers. The Investor Member may at any time, in the sole and absolute discretion of the Investor Meunber, elect to vest the management of the Company in a Board of Managers. if the Investor Member makes such an election, the Investor Member shall have the right and authority to determine the size of the Board of Managers, appoint persons to serve as members of the Board of Managers, establish quorum and voting requirements, and set any and all rules pertaining to meetings of the Board of Managers. All members of the Board of Managers shall serve at the pleasure of the hivestor Member and may be removed by the Investor Member at any time with or without cause. If the investor Member elects to vest management ofthe Company in a Board of Managers, all references 12 ,,ate of Minneso� SECRETARY OF STATE Certificate of Authority to Transact Business 2, Maris Ritchie, Secretary of State of Minnesota, do certify that: The following limited liability company has duly complied with the relevant provisions of Minnesota Statutes, Chapter 322B, and is authorized to do business in Minnesota on and after this date with all the powers, rigts and privileges, and subject to the limitations, duties and restrictions, set forth in that chapter. Name of Limited Liability Company in Minnesota: SAK Construction, LLC Name of Limited Liability Company in State of Organization: SAK Construction, LLC Charter Number: 2502729-2 State of Organization: MO Registered Office in Minnesota: 100 S 5th Str #1075 Mpls DW 55402 Name of Registered Agent: C T Corporation System Inc This certificate has been issued on 09/12/2007. - � r_ • r. - AIA l Document A31 -2010 Bid Bond CONTRACTOR: (Name, legal status and address) SAK CONSTRUCTION, LLC 864 Hoff Road O'Fallon, MO 63366 OWNER: (Name, legal status and address) City Of New Hope 4461 Xylon Avenue North New Hope, MN 55428 BOND AMOUNT: Five Percent of the Amount Bid SURETY: (Name,legal status and principal place of business) This document has Travelers Casualty And Surety Company Of important legal America consequences. One Tower Square Consultation with an Hartford, CT 06183 attorney is encouraged with respect to its Mail Notices To: completion or modification. Travelers Attn: Inez Meyerholz — Bond Claims Any singular reference to One Tower Square 2S1A Contractor, surety, Hartford, CT 06183 owner, or other party shall be considered plural where applicable. -•-- ........... dollars ($ 5% of Amount Bid) PROJECT: City Project No. 921, 2013 Sanitary Sewer Lining, New Hope, MN (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 11th day of July, 2413. (Wltness) MIL �.Ic--w C.Yt11l� (W t ) Myranda Bohannon, INNuess a tvC ov, (Prl I) (Seal) (Title) d U PM% , ()err_1-r Travelers Casua An OfAmerica (Surety) �t (seal) (Title) Debra A. Woodard, Attorney -N -Fate Init AIA Document A310T°— 2010. Copyright @1963,1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Lav and International Treaties. Unauthorized reproduction or distribution of this .UA Document. or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright0aia.oro. 081110 ACKNOWLEDGEMENT FOR CONTRACTOR ACKNOWLEDGEMENT FOR CONTRACTOR, IF LIMITED LIABILITY COMPANY STATE OF MISSOURI COUNTY OF 5T. CHARLES ON THE DAY OF 7Cil _, BEFORE ME PERSONALLY APPEARED i IiZ TO ME KNOWN AND KNOWN TO ME TO BE THE { OF SAIL CONSTRUCTION LLC A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. �. 14 tk CC NOTARY PUBLIC ANDREA CARLSTROM Notary Public Notary Seal STATE OF MISSOURI Commission for St, Charles County My Commission Expires July 10, 2016 Commission #12365546 State of Missouri County of St. Louis On 711.1.12013, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Debra A. Woodard known to me to be Attorney -in - Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. -M�ncj:dal�2k=non Myranda Bohannon, Notary Public a� M YRANDA BOHANNON No"ary Public- Notary Seal i;—WE OF MISSOURI S-tLouis County Co rnis Gn Expires: Oct. 15, 2016 cornmission 4 124Q4745 My Commission Expires: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, cowNEC71CU7 08183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2012 CAPITAL STOCK 5 6,480,000 CASH AND WESTED CASH S 75,936,791 UNEARNED PREMIUMS S 783,404,892 BONDS 3,713,171,015 LOSSES 901,056.710 INVESTMENT INCOME DUE AND ACCRUED 50,798,732 REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES 1;448,021 OTHER INVESTED ASSETS 230,730,697 LOSS ADJUSTMENT EXPENSES 534,370,880 PREMIUM BALANCES 184,942,508 COMMISSIONS 29,281,779 NET DEFERRED TAX ASSET 53,274,378 TAXES, LICENSES AND FEES 66,782,894 REINSURANCE RECOVERABLE 12,410,524 OTHER EXPENSES 35,588,957 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 7,769,155 FUNDS HELD UNDER REINSURANCE TREATIES 94.449,544 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 11,080,470 CURRENT FEDERAL AND FOREIGN INCOME TAXES 60,673.573 UNDISTRIBUTED PAYMENTS (7,439,585) REMITTANCES AND ITEMS NOTALLOCATED 14,270,931 OTHER ASSETS 884,093 AMOUNTS WITHHELD 1 RETAINED BYCOMPANY FOR OTHERS 79,084,806 RETROACTIVE REINSURANCE RESERVE ASSUMED 3.153.166 POLICYHOLDER DIVIDENDS 6.730,121 PROVISION FOR REINSURANCE 5,314,325 ADVANCE PREMIUM 726,898 PAYABLE.FOR SECURITIES LENDING 7.769.155 CEDED REINSURANCE NETT PREMIUMS PAYABLE (70,803,744) ESCHEAT LIABILITY 525,399 OTHER ACCRUED EXPENSES AND LIABILITIES 282.062 TOTAL LIABILITIES b _ —2559-105,95T CAPITAL STOCK $ 8 -,80.(00 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1.340,1681061 TOTAL SURPLUS TO POLICYKOLOERS S 1,780,451.621 TOTAL ASSETS $ 4339.558.775 TOTAL LIASIUTIES & SURPLUS SS 4.339k5S.8 778 STATE OF CONNECTICUT ) COUNTY OF HARTFORD ) SS. CITY OF HARTFORD ) MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THATTO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORREC ESTATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 3iSTDAY OF DECEMBER, 2012. SUBSCRIBED AND SWORN TO BEFORE ME THIS 20Th DAY OF MARCH. 2013 1-1 SECOND VICE PRESIDENT NOTARY PUBLIC SUSAX A& WFISSI EDER Nnrarr•PlrGfrc ' C.owalfssion Expires November 30, 2017 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225910 Certificate No. 005409083 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Debra A. Woodard, and Barbara Buchhold of the City of C"heRterfield _, State of Miccouri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and then corporate seals to be hereto affixed, this day of March 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 18th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Cr Gti9G,��i1 e` REQ C��,!ASG9 p�@�1NS4q� On .T�ORA��s$a!p "• A11t State of Connecticut City of Hartford ss. By. Robert L. Raney, kenim Vice President On this the 18th day of March 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. r„T�T In Witness Whereof, I hereunto set my hand and official seal. ' *� My Commission expires the 30th day of June, 2016. # `� * Marie C. lbtreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 11 day of Ju1Y , 20 1 4e Kevin E. Hughes, Assistant Se tary py SNSuy4 *yTY AkO� IS1C�Rfry dp+•Y� _�pAR�OR4TF �tf � n4RfF01ia, + ��BAL' �a COHN � fg •� � ��i � . F To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 5tantec THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 BIDDERIA'YOOA 0'. !Z9 -S DOCUMENT 00 41 10 BID FORM 2013 SANITARY SEWER LINING CITY PROJECT NO. 421 STANTEC PROJECT NO. 143801857 NEW HOPE, MINNESOTA 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: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date &/7113 t ,3 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 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. Q 2013 Stantec 1193801857 0041 10-1 BID FORM 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. N. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports anc 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. 1. 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. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by dear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict 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 11.03.6 of the General Conditions ID 2013 Stantec 1 193801857 004110-2 BID FORM 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. ALTERNATE NO. 1 Item Units Qty Unit Price Total Price BASE BIDf� 5 TRAFFIC CONTROL LS 1 $ s G 1 MOBILIZATION LS 1 $ $ $ 1000 000 r 2 TRAFFIC CONTROL LS 1 $ $ G TOTAL ALTERNATE 1 i0oc ` 3 BYPASS PUMPING LS 1 $ $400c— 4 SEWER REHABILITATION WITH CIPP, 9" LF 5,710 c G $ C C- $ .1 TOTAL BASE BID �G $ 7)0 ALTERNATE NO. 1 1000 c G a pG C 5 TRAFFIC CONTROL LS 1 $ $' CG baa cG TQ9- 6 BYPASS PUMPING LS 1 $ $ 7 SEWER REHABILITATION WITH CIPP, 9" LF 470 $ $ G TOTAL ALTERNATE 1 $ �C SUMMARY: TOTAL BASE BID $� J J CG TOTAL ALTERNATE NO. 1 $ I 3 C TOTAL BASE BID WITH ALTERNATE NO. 1 $20-7 @ 2013 Stantec 1193801857 004110-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid. A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Cond"it"ion, and the Supplementary Conditions. If Bidder Is: SUBMITTED on 12013. Name (typed or printed): By: (Individual's signature) Doing business as: _ Business Street Address (No P.O. Box #`s): Phone No.: Fax No.: (SEAL) © 2013 Stantec 1193801857 0041 10-4 BID FORM A Partnership Partnership Name: By: Name (typed or printed): A Corporation (Signature of general partner) Business Street Address (No P.O. Box ft): Phone No.: Fax No.: Corporation Name: FtJ7�� dh 5 (SEAL} State of Incorporation: /V! f Wl e-SO4 Type (General Pusiness, Pref cjfit Service, Limited Liability): By: (Signature) Name (typed 'or printed): / . Y! Title: V,GCrf^ G✓7` _(SEAL) Attest 1AM6 (CORPORATE SEAL) (Signature of Colporate Secretary) Business Street Address (No P.O. Box Ws): Phone No.: 1��' dG/� t!�J� Fax No.: & 1—q�zo -evelol Q 2013 Stantec 1 193801857 004110-5 BID FORM A Joint Venture Joint Venture !Name: By: (Signature of joint venture partner) Name (typed or printed): Tide: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Tide: Business Street Address (No P.O. Box Ws): Phone No.: Fax No.: Phone and fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT © 2013 Stantec 1193801857 004110-6 BID FORM Document A310T' -1970 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Lametti & Sons, Inc. P.O. Box 477 Hugo, NIN 55038 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) Hartford Accident and Indemnity Company One Hartford Plaza, T-4 Hartford, CT 06155 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound auto (Here insert full name and address or legal title of Owner) City of New Hope 4401 Xylan Ave N New Hope, MN 55428 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount of the Bid Dollars ($ 5% ), for the payment of which sant well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2013 Sanitary Sewer Lining City Project No. 921 NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prasecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and algid this 11th /pig� (Wuness) (Witness) day of July, 2013 Lametti & Sons. Inc. (Pri al) (Seal) (Titley i`�SO�— �GG r� Hartford cident and Indemnity Company (Surety) (Title) Alan Starks (Seal) Attorney -in -Fact AIA document A310n' —1970. Copyright 01963 and 1970 by The American Institute of Architects. INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that rhe` executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF Lwlnne ok 55 COUNTY OF On the 11th day of July, 2013, before me personally appeared to me known, who being by me duly sworn, did say that he/she is the—N GG f Lametti & Sons, Inc., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he/she signed ,,Kis/her name thereto by like order KRISAMMO PUBLIC*I (Notary eal) �v`, r,leq>Ii,ao41 ` „r. rRR.eias% ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA *-j COUNTY OF Hennepin On the 11th day of July, 2013, before me personally appeared Alan Starks to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the Hartford Accident and Indemnity Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. b (Notary Seal) *" DANIELLE IRIS CLEMANTS" �= NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31, 2017 Girecf Ir�wides/Claims to: RD POWER OF ATTORNEY P.O. BOTHE X 2103B.690 A SYLOM AvE-Nt1E HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax. 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 41-711314 Hartford s=ire insurance Company, a corporation duly organized under the laws of the State of Connecticut 0� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies') do hereby make, constitute -and appoint, up to the amount of unlimited: ' Teny Starks, David E. Sell, Melissa M. Nowlin, Joan K Remick, Alan Starks, Danielle Clemants Of St. Louis F!ark MN their true and lawful Attomey(s)-in-Fad, each in their separate -capacity if more than one is named above, to sign its name as surety(les) only as delineated above by S. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the- Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixad, duly attested:by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. P% irs erur �t J j, a.ar�► ,� l s 7 s t a 7 sed Z o7t S In �� _( Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3f° day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vase President of the Companies, the corporations described in and which executed the above instrument that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by Ike authority. a ,d"� �_,, seau Es FASCIM NoWyPublic My Commi Wm EVima October 31, 2012 f, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and toMofng is a true and cared copy of the Power of Attorney executed by said Companies, which Is still in full force effective as of JTULY 11TH, 2013 Signed and sealed at the City of Hartford. W91 WXIL•�0-0) � , rs sz a , F . � r *t`>nr.r,rAj i.•lM� taS�ta7� ;9YtLa Gary W. Stomper, Assistant Vtoe President BIDDER: Veit & Company, Inc. DOCUMENT 00 4110 BID FORM 2013 SANITARY SEWER LINING CITY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN SS428 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 wi?I remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified In the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter M Addendum Date June 7, 2013 July 10, 2013 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4,02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 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. Q 2013 Stantec i 193801857 004110-1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings Identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally 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. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph Is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are inducted 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 11.03.13 of the General Conditions O 2013 Stantec 1143801857 00 4110 - 2 BID FORM 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 5 TRAFFIC CONTROL LS 1 $ 250.00 $ I MOBILIZATION LS 1 $ 7,500.00 7 SEWER REHABILITATION WITH CIPP, 9" LF 470 $ 32.00 2 TRAFFIC CONTROL LS 1 $ 750.00 $ 750.Oin 3 BYPASS PUMPING LS 1 $ 2,000.00 $ 2,000.00 4 SEWER REHABILITATION WITH CIPP, 9" LF 5,710 $ 32.00 $ 182,720.00 TOTAL BASE BID ALTERNATE NO. 1 5 TRAFFIC CONTROL LS 1 $ 250.00 $ 250.00 6 BYPASS PUMPING LS 1 $ 500.00 $ 500.00 7 SEWER REHABILITATION WITH CIPP, 9" LF 470 $ 32.00 $ 15,040.00 TOTAL ALTERNATE 1 $ 15,790.00 SUMMARY: pa .2/ q74. 00 TOTAL BASE BID $ 1 n�gA K +Q TOTAL ALTERNATE NO. 1 $ 15,790.00 TOTAL BASE BID WITH ALTERNATE NO. 1 $ 208,760.00 p 2013 Stantec 1193801857 CC 4110 - 3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days Indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent, 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Indjvidual SUBMI717ED on July 11, 2013 2013. Name (typed or printed): By: Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Q 202 Stantec 1193801857 OC 4110 - 4 BID FORM A Partnership A Corporation Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Xs): Phone No.: Fax No.: Corporation Name: Veit & Company, Inc. State of Incorporation: Minnesota Type (General Business, Professional, Service, Limited Liability): Service Name (typed or printed): K@Vfi Title: CFO/Treasurer Atte (CORPORATE SEAL) ughn Veit, Secre ry (Signature of Corporate Secretary) Business Street Address (No P.O. Box Vs): 14000 Veit Place, Rogers, MN 55374 Phone No... 753/428-2242 Fax No.: 7631428-8345 p 2013 Stantec 1193801857 Oa 41 10 - 5 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner Indicated above). END OF DOCUMENT 0 2013 Startec ' 193801857 004110-6 BID FORM MINUTES OF ACTION BY SOLE MEMBER OF THE BOARD OF DIRECTORS OF VEIT & COMPANY, INC. TAKEN WITHOUT A MEETING The undersigned, being the sole member of the Board of Directors of Veit & Company, Inc., a Minnesota corporation, acting pursuant to Minnesota Statutes Section 302A.239, hereby adopts the following resolution by consent in writing: The following resolution is hereby adopted: RESOLVED, that the following persons are hereby elected to make up the Board of Directors of the corporation to be the sole members of the Board of Directors and to serve until the next regular meeting of the shareholders, or until their successor or successors are otherwise duly elected and qualified: Chief Executive Officer & Secretary Vaughn A. Veit President Greg Boelke Vice President - Field Operations Kevin Barthel Chief Financial Officer/Treasurer Kevin Brenny The above action is taken without a meeting by authorization in writing signed by the sole member of the Board of Directors of the corporation, which action is to be effective on May 5, 2008. SOLE DI Vaughn A. Veit 1135993v] BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Veit & Company, Inc. 14000 Veit Placa Rogers,_ ME] 55374 as Principal, hereinafter called the Principal, and Western Surety Company 333 S. Wabash Ave. Chicago, IL 6C604 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 Xylon Ave N, New Hope, MN 55428 as Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Bid Dollars ($ 5% of Amount Bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of i fitness) 7 Veit & Company. Inc. (Principal) (Seal) Title) e„ ; „n „� C a 1 �c-ease r� Je.�'sijca A. Olson, Attorney -In -Fact Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language In this document conforms exactly to the language used in AIA Document A310 - Bid Bond - February 1970 Edition. (Seal) LIMITED LUBILITY COMPANY ACKNOWLEDGEMENT STATE OF ss COUNTY OF On the day of , 20 , before me personally appeared to me known, who, being by me duly sworn, did depose and said that he/she resides in that he/she is a member, manager, or officer of the limited liability company of and that he/sloe is duly authorized to execute the foregoing agreement in the name of and for the limited liability company. (Notarial Sea]) Notary Public, County, My commission expires CORPORATE ACKNOWLEDGEMENT STATE OF Z_ ,) ss COUNTY OF On the p` day of f , 20:^�, before me persona}ly,apneared _ r� �+ r,1 a -_-- to me known, who being by me duly sworn, did depose and say: r that he is the f_ l)rD that he resides in President of the the corporation described in and which executed the foregoing instrument; that he. knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order_ AMpATRICE MARIE BROUING Notary Publi NJz OTARY PUBLIC - MINNESOTA County, W Commission Expires Jan. 31.2016 Y� o My commission expires ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota ss COUNTY OF Dakota On the 3rd day of July „ _ _ , 2013 before me appeared Jessica A. Olson to be, personally.lcnown, who is being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the Western Surety Company , a corporation- that the sea] affixed to the foregoing instrument is the corporate sea] of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said instrument to be The free act and deed of said corporation. �^, , Notary Pu,lic, Im kX, U;_L� AMBER RAE WEEKS County, Scott -MINNESOTA My commission expires January,31 2015 MY COMNNSSION E)ME8 01 /311241 5 V\kksiern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathryn A Dircz, Thomas M Reuder, Kathleen L Lundquist, Mark N Kampf, Jessica A Olson, Julia C Ertz, Erica J Boldt, Dennis G Diessner, Individually of Burnsville, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of Manch, 2013. WESTERN SURETY COMPANY SET} »�e40.aogR��a �W= s i!&PV aul T. B�.flt.ice President State of South Dakota l JT ss County of Minnehaha On this 28th day of March, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + J. MOHR June 23, 2015 sEpt NOTARY PUBLIC sEni SOUTH QAKCrrA { J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of July 12013 WESTERN SURETY COMPANY s W i,i. �s p L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 22, 2013 Development & Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.1 Resolution awarding a contract to Visu-Sewer Inc. in the amount of $149,892.50 for lining sanitary sewer pipe (improvement project No. 921) Requested Action Staff is recommending that Council authorize city staff to continue with the city's I/1 reduction program and pass a resolution awarding a contract for the 2013 sanitary sewer pipe lining project to the low and responsible bidder, Visu-Sewer Inc. in the amount of $149,892-50. Over the years, Visu-Sewer Inc. has completed a number of projects for the city. Policy/Past Practice In the fall of 2003 the city initiated an I/I reduction program. Initiatives completed by the city include our sump pump inspection program; replacement of older center -hole sanitary sewer manholes with solid covers in low areas of the city prone to street flooding; the 2004/05 lining of nearly 1,700 feet of sanitary sewer pipe through low areas of the city; roof vent and foundation drain inspection of apartments and commercial buildings; and the televised inspection of approximately 45,000 feet of sanitary sewer pipe in an effort to reduce the amount of excessive I/I. The city is continuing with the inspection of service lines and installation of drain tile to allow for sump pump connections behind the curb in areas of street infrastructure projects. Background Staff recommended that the city continue lining sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing I/I, the lining of sections of sanitary sewer pipe in the city also extends the useful life of the sanitary sewer infrastructure. The pipe lining process takes place from manhole to manhole. Motion by a&�'Second by L2L;419 To: 3- Q I:1 RFA 1 iPCTBWORKS 120131921-2013 Sewer Lining Award Contract.doc I Request for Action July 22, 2012 Page 2 The sections of pipe recommended to be lined are nine -inch diameter clay file in the neighborhood between Winnetka Avenue and Boone Avenue, between Medicine Lake Road on the south and the Crystal city border to the north. There is approximately 6,170 feet of pipe to be lined in this area. The city received six bids at the July 11 bid opening, with the low bid from Visu-Sewer Inc. at $149,892.50. The engineer's construction cost estimate was $174,000 for this project. Funding Funding for the 2013 sanitary sewer lining project would be from the city's sewer fund. The city's sanitary sewer budget contains $200,000 for the city's 2013 sewer lining project. With the competitive bids, and the Metropolitan Council reinstating the I/I surcharge program, staff recommends that all streets proposed for the 2013 sanitary sewer pipe lining project be lined, including all portions of 29th Avenue. Attachments The engineer's memorandum, a resolution ordering the project and awarding the contract, a copy of the bid tab, and a map showing the area of the proposed project are attached. I:\RFA\PLJBWORKS\2013\921-2013 Sewer Lining Award Contract.doc City of New Hope Resolution No. 13107 Resolution awarding contract to Visu-Sewer Inc. in the amount of $149,892.50 for lining sanitary sewer pipe (improvement project No. 921) WHEREAS, the capital improvement program identifies programs to reduce inflow and infiltration from entering the sanitary sewer system; and, WHEREAS, lining sanitary sewer pipes has been established as an effective way to reduce I/I and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 20131/1 abatement program activities are included in the approved 2013 sanitary sewer operating budget and capital improvement program; and, WHEREAS, the city has accepted quotes for the improvement described and has identified the lowest responsible and responsive bidder, and, WHEREAS, the city engineer, Stantec, has recommended that Council award the contract to Visu- Sewer Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That the contract between the city of New Hope and Visu-Sewer Inc. in the amount of $149,892.50 is approved. 2. That the mayor and city manager are authorized to sign the contract documents. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of July, 2013. Mayor Attest: City Clerk 4 Stantec July 11, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N New Hope, MN 55428 Re: 2013 Sanitary Sewer Lining Improvements Project City Project No. 921 Stantec Project No. 193801857 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on July 11, 2013. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 6 Bids. The following summarizes the results of the Bids received: Contractor Low Visu-Sewer, Inc. #2 Insituform Technologies USA, LLC #3 Michels Corporation #4 SAK Construction, LLC #5 Lametti & Sons, Inc. #6 Veit & Company, Inc. Base Bid Alternate bid Total Base Bid w Alternate $137,055.00 $12,837,50 $149,892.50 $150,699.60 $10,744.20 $161,443.60 $154,292.00 $12,191.00 $166,483.00 $187,446.50 $12,517.00 $199,963.50 $192,720.00 $15,130.00 $207,850.00 $192,970.00 $15,790.00 $208,760.00 The low Bidder on the Project was Visu-Sewer, Inc. with a Total Base Bid Amount of $137,055.00 and Total Alternate Bid of $12,837.50, for a Total Bid w/Alternate of $149,892.50. This compares to the Engineer's Estimate of $160,000 for the Base Bid and $14,000 for Alternate #1. 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 Visu-Sewer, Inc should be awarded the Project on the Total Base Bid Amount of $137,055.00. We are also recommending awarding Alternate #1, for which Visu-Sewer, Inc. would still be the low Bid for the Total Base Bid w/Alternate Amount of $149,892.50. Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Enclosure Project Name: 2013 Sanitary Sewer Lining Improvements I hereby cerbYy'rlrat dusts an exact repndrr Von of bi& r Client Project No.: 921 Project No.: 193801857 ' _..... Bid Opening: Thursday, July 11 2013 at 10:30 A.M. CDT Owner: City of New HoM Minnesota O}rtstppher W. Ldir,,p AE Lkense Na 47106 BID TABULATION Item Total Unit Price Total Num Item Units_ Qqr $1,725.00 BASE BIO: $10,000.00 $10,000.00 I MOB9MTION LS 1 2 TRAFFIC CONTROL L5 1 3 BYPASS PUMPING LS 1 4 SEWFA REHABRITATION WITH CIDP, 9" LF 5,710 $2,174.00 TOTAL BASE BID $5,710.00 $5,710.00 ALTERNATE NO. 1 5 1RAFFIC CONTROL LS 1 6 BYPASS PUMPING LS 1 7 SEWER REHABILITATION WITH CLOP, 9" LF 470 TOTAL ALTERNATE 1 TOTAL BASE BID TOTAL ALTERNATE NO.1 TOTAL BASE BID WITH ALTERNATE NO. Contractor Name and Address'. Phone'. FM Signed By Title Bid Security Addenda Acknowledged Bidder No. i Bidder No. 2 Bidder No. 3 Bidder No. 4 Visu-Sewn Inc. Insituform Technologoes USA, Michels Corporation SAK Construction, LLC INV Unit Price Total Unit Price Total Unk Price Total Unit Price Total $1,725.00 $1,725.00 $10,000.00 $10,000.00 $5,623.00 $5,623.00 $20,000.00 520.000.00 $2,000.00 $2.000.00 $928.60 $928.60 $890.00 $890.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $2,160.00 $2,160.00 $2,174.00 $2,174.00 $5,710.00 $5,710.00 $23.00 $131,330.00 $24.10 $137.61 $25.50 t145,605.00 $28.15 $160.73 $137,055.00 $150,699.60 $154,292.00 $187,446.50 $250.00 $750.00 $67.40 $67.40 $50.00 $50.00 $250.00 $250.00 $250.00 $250.00 $148.80 $148.80 $156.00 $156.00 $470.00 $470.00 $26.25 k2,337,50 $22.40 t10,528.0 $25.50 tiL985.00 $25.10 $12,837.50 $10,744.20 $12,191.00 $12,517.00 $137,055.00 $150,699.60 $154,292.00 $187,446.50 $12,837.50 $10,744.20 $12,191.00 $12,517.00 $149,892.50 $161,443.80 $166,483.00 $199,963.50 Vlsu-Sewer, Inc Insttufarm Technologoes USA, LLC Michels Corporatbn SAK Construction, LLC W230 N4855 Bedw Drive 17988 Edison Avenue PO Box 128 569 Hoff Road Pewaukee, WI 53072 Chesterfield, MO 63005 Browosrlle, WI 53006 O'Fallon, MO 63366 262.695-2340 636-530-8000 920-583-3132 636-385-1000 262-695-2359 636-530-8701 960-9244323 636-385-1100 KeBh M. Alexander Jana Lause Patrick Herzog Boyd Hirtz President Contracting & AtLesdng Officer Vice President Vice President Bld Bond Bid Band Bid Bond Bbd Bond A, B A, B A, B A, B 19360165M.Rum BT -1 BID TABULATION Item Num Unit BASE BID: $8.000.00 $7,500.00 $7, 1 MOBILIZATION LS 1 2 TRAFFIC CONTROL LS 1 3 BYPASS PUMPING LS 1 4 SEWER REHABILITATION W]TH CIDP, 9" LF 5,710 TOTAL BASE BID $1,000.00 $750.00 9 ALTERNATE NO.1 $500.00 $500.00 d 5 TRAFFIC CXINTROL LS 1 6 BYPASS PUMPING iS 1 7 SEWER REHABILITATION WITH CIDP, 9" LF 470 TOTAL ALTERNATE 1 TOTAL BASE BID TOTAL ALTERNATE NO.1 TOTAL BASE BID WITH ALTERNATE NO. Contractor Name and Bidder No. 5 Bidder No. 6 Lametti & SoM Inc Veit & OomParry, Ine. $8,000.00 $8.000.00 $7,500.00 $7, $1,000.00 $1,000.00 $750.00 9 $1,000.00 $1,000.00 $2,000.00 $2, $32.00 t182,72.0 $32.00 $182 $194720.00 $192,! $1,000.00 $1,000.00 $750.00 9 $500.00 $500.00 $500.00 d $29.00 $13,630:0 $32.D0 $15 Lamettl & Sons, Inc. Veft & Company, Inc. 16028 Forest Blvd. N, PO BOX 477 14000 Velt Plain Hugo, MN 55038 Rogers, MN 55374 651-426-1380 763-428-2242 651-426-0044 763-428-8348 Slgned By Guy 3. Larson Kevin Brenny Tine: Vice President CFO/Treasurer Bid Security: Bid Bond Bid Bond Addenda Aduwwlehged: A, B A, B 193Nnd5W-XWn BT -2 PROJECT LOCATION 0 1250 2600 Seale In TN! NEW HOPE, MINNESOTA FIGURE 1 t 2013 SANITARY SEWER LINING 193801857_FIG1_dwg DATE: MAY 2013 COMM: 193801857_.FIG1 a 8400 8332 3324 ' 8316 18308 8300 8224 $216 8208 --- 6 290 I ! 1549 o t lssz (Ps) ' ko o r {c3 cs 946.53 ! N I ' ' , 100 RIM: 942.28 ! N ,�-i r -f O CD D08 INV: 936,00 1T a'nLn 1 00 f-24 �-AV�� - INV: 43_.._3 3 --- I -----' w 00 x� co Go 4� ( co 290 1,Y J 265 - 9' VCP 232' - 9" V� 230' - 9" VCP " r r ^� 264- ��< «c-<.�< >-a-> > «c1(131 (1029) (1030)3553 3000 2825 (13 1551 (132) �r RIM: 944 F1N RM 940.80 �9.30 IFN 930.15 In 2900 S Lo17 ,�� (N In �-+ 809 BOP 2116488(pi INV: 928.85 �"� rV co 2800 2801 v 94 r I56T- RIM: 941. ^-7--- RIM: 941. a INV, 931. AU TE NO. 1 :943.1 INV: 931.10NV: r --I Ll'S 932. Ln 00 oho 0'or 8409 8401 1832518317 414 8309 ;-co CD L©CD r1 In d yamy-- 4.0 "�i` 00 �' I O Ci a ! Lh i.0 M co m ! ! G? ' M 00 CO OJ GO G"J G+0 00 co co 328' - 9' VCP 3�` - 4' VCP 324'- 9" VLP 1577 (P17) g"VCP >->�•>�>�'_>_>.2t>->_> >�..�>�y_>-> 164 >� )�®�> L043 1752P1S7 - (1044} 1564 16 (1040) INV: 921.00 RIM: 945.96 (1042) 939.06, , .RIM: 93 85 i4 INV: 93fi�00 53 (1334) A s INV. 927.40 gi r� 1 ' n INV- 92 50 SAf; �iM: 942.33 m raw Q i p Cf' O I 'I _q -..i I � C) � '%, m r� r! I r-4 m ! NV: 4 8.40 if3 EEE lf1 L!'1 07 v i C3 r -f © ' rl Q C3 .-i '-i r -I , C3 O 4 i # •- "`� GO� co st n t+'s m ; w n N n€ rN -1 +-r ,-i .-e O C?O CO 1557 3 00 co , ; " a3 00 Or] i CO ! C0 GR co W n`� MRI 944.66 61 $ -- -- 1578525 _ - qp CA -- _.--" INV: 934.46 i' A" RM: 931.67 ---� A 2748 2757 2740 2741 " I 2756 2749 A IFN: 922.00�� 2748 2745 2749 RM: 943.12 vI A --I^ !,s 2757 2765 i - 2748 __-.-- I INV: 932.50 I 2748 "1l f 2740 2741 6v 2732 2733 1563 (1324) 2741 N 2740 2741 j 2740 2741 - -__ I '�Y_ 2724 �I RIM: 7. , �"� t Q $ - A INV: 927.00 (N) A 1579 6 1 �'9+ i 1 100 ' 2732 2733 E nl ' 2724 7725 2732 R94:939.60 RM: 928. ' ! A I 6 A 2733 INV: 930.00 I1W: 919m y� 4 1583 (1336) i 2732 2733 I �� S�� - - 1590(P32) 2733 v INV: 911.50 1 RIM: 921.40 ----- rev v I r4 I = I 2724 2725 RM: 940.00 / 1584 (1335) . n N 00 � � v 416 $ 840Q " INV: � RM: 928.00 7774 ?-' INV: 910.91 -- 2725 I 101 I 1Oz 2 �H PLN -� 2716 2717 2724 2725 �� - N -' 555 {P28) 240' _ - VCP > > `> 324' a9�> �> 1^3 ov v 1585 2716 !RIM: 943.74 ! {1041) (1047) M vl INV: 933.70 : 942.80 S , - -^ 1%5 (P31) N < i RM: 92630 8533 I :932.50 :940.65 RIM: 938.32 v 2716 2717 Q IMI:91030 V 104 FN `30.11 W V. 928 50 (1N) 1581 {1333) Q 0 100 200 co m ry ri Q ri Q 2708 Ln tn L N � INV: 922.00 s3� in hit -- - - 2701 a 2708 270'3 {a &Y ry , 8100 -- I o } 8400 8416 8408 1582 (P41) M I", " I 1586 (w2)r� to 8416 N i co � 00 c CC1 RIM:930.40 V , o � In uNi Ln ! � 2700 2701 i RM: 915.80 ".� 106 iFIV: 920.00 ' v , INV: 908.00 (CO RD NO 70) MEDTINf LADE RD SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA FIGURE 2 2013 SANITARY SEWER LINING V:\1938�ACT1VEA193801857\CADkDWG\193801857_F1G2.DWG DATE: MAY 2013 COMM: 193801857 RIM: 941. INV, 931. AU TE NO. 1 O 414 N N ' r-1 -1 i 1 1) w co 00 00 0.7 co 00 00 w N O O N O 1.0 NW C5 �W co ONO 'm A Cao GO 0c0 i= 328' - 9' VCP 3�` - 4' VCP 324'- 9" VLP 1577 (P17) g"VCP >->�•>�>�'_>_>.2t>->_> >�..�>�y_>-> 164 >� )�®�> L043 1752P1S7 - (1044} 1564 16 (1040) INV: 921.00 RIM: 945.96 (1042) 939.06, , .RIM: 93 85 i4 INV: 93fi�00 53 (1334) A s INV. 927.40 gi r� 1 ' n INV- 92 50 SAf; �iM: 942.33 m raw Q i p Cf' O I 'I _q -..i I � C) � '%, m r� r! I r-4 m ! NV: 4 8.40 if3 EEE lf1 L!'1 07 v i C3 r -f © ' rl Q C3 .-i '-i r -I , C3 O 4 i # •- "`� GO� co st n t+'s m ; w n N n€ rN -1 +-r ,-i .-e O C?O CO 1557 3 00 co , ; " a3 00 Or] i CO ! C0 GR co W n`� MRI 944.66 61 $ -- -- 1578525 _ - qp CA -- _.--" INV: 934.46 i' A" RM: 931.67 ---� A 2748 2757 2740 2741 " I 2756 2749 A IFN: 922.00�� 2748 2745 2749 RM: 943.12 vI A --I^ !,s 2757 2765 i - 2748 __-.-- I INV: 932.50 I 2748 "1l f 2740 2741 6v 2732 2733 1563 (1324) 2741 N 2740 2741 j 2740 2741 - -__ I '�Y_ 2724 �I RIM: 7. , �"� t Q $ - A INV: 927.00 (N) A 1579 6 1 �'9+ i 1 100 ' 2732 2733 E nl ' 2724 7725 2732 R94:939.60 RM: 928. ' ! A I 6 A 2733 INV: 930.00 I1W: 919m y� 4 1583 (1336) i 2732 2733 I �� S�� - - 1590(P32) 2733 v INV: 911.50 1 RIM: 921.40 ----- rev v I r4 I = I 2724 2725 RM: 940.00 / 1584 (1335) . n N 00 � � v 416 $ 840Q " INV: � RM: 928.00 7774 ?-' INV: 910.91 -- 2725 I 101 I 1Oz 2 �H PLN -� 2716 2717 2724 2725 �� - N -' 555 {P28) 240' _ - VCP > > `> 324' a9�> �> 1^3 ov v 1585 2716 !RIM: 943.74 ! {1041) (1047) M vl INV: 933.70 : 942.80 S , - -^ 1%5 (P31) N < i RM: 92630 8533 I :932.50 :940.65 RIM: 938.32 v 2716 2717 Q IMI:91030 V 104 FN `30.11 W V. 928 50 (1N) 1581 {1333) Q 0 100 200 co m ry ri Q ri Q 2708 Ln tn L N � INV: 922.00 s3� in hit -- - - 2701 a 2708 270'3 {a &Y ry , 8100 -- I o } 8400 8416 8408 1582 (P41) M I", " I 1586 (w2)r� to 8416 N i co � 00 c CC1 RIM:930.40 V , o � In uNi Ln ! � 2700 2701 i RM: 915.80 ".� 106 iFIV: 920.00 ' v , INV: 908.00 (CO RD NO 70) MEDTINf LADE RD SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA FIGURE 2 2013 SANITARY SEWER LINING V:\1938�ACT1VEA193801857\CADkDWG\193801857_F1G2.DWG DATE: MAY 2013 COMM: 193801857 GORDON 1. JENSEN' MELANIE P. PERSELLIN" STEVEN A. SONDRALL STAGY A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Minois/Colorado 'Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN9 P.A. Attorneys At Law August 5, 2013 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2013 Sanitary Sewer Lining Project City Project No. 921 Our File No.: 99.10030 Dear Val: 855255 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 sawgspattorneys.com personal delivery Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Visu-Sewer, Inc. All are in order from a legal standpoint. Please call me if you have any questions. V truly yours, 9 0 Stacy AJNew , Assistant /City Attorney, City ofape Enclosures cc: Steven A. Sondrall, City Attorney Guy Johnson, Public Works Director Chris Long, City Engineer P:1Attorney1SA511 Client Fitesh2 City of New Hope599-.0030 (Puhiic Works general)V.eone ]tr 45th 55th and Wirm tka UGiity pro; 993 acd 911.doc VISU-SEWER , INC. W230 N4855 BETKER DRIVE PEWAUKEE, WI 53072 Phone= 262-695-2340 Fax: 262-695-2359 TO: Mr. Steven Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1999 LETTER OF TRANSMITTAL July 31, 2013 REFERENCE: City of New Hope„ MN — 2013 Sewer Lining, City Project No. 921 PLEASE BE ADVISED= WE ARE SENDING YOU: [x] Enclosed [ ] Under Separate cover via the following: [ ] Shop Drawings [ ] Prints [ ] Plans [ ] Specifications [ ] Copy of letter ff Change Order [ ] Other COPIES DATE OR NO. DESCRIPTION ACTION i 4 Executed Contract Agreements A,B 4 I I Executed Performance and Payment Bonds 4 1 1 Certificates of Insurance A,C A,C E ACTION CODE. A — As Requested B — For Execution per Notations C — In Conformance D — Conformable E — Not Acceptable F — Resubmit Corrected Copies G— Submit Additional Copies H — Other REMARKS= Cc: SIGNED: Lisa Schulze —Accounting istant August 6, 2013 Visu-Sewer, Inc. W230 N4855 Betker Drive Pewaukee, WI 53072 SUBJECT: Sanitary Sewer Pipe Lining - improvement project 921 At its meeting of July 22, 2013, the New Hope City Council approved the contract with your company for project no. 921 for $149,892.50. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604.4938 if you have any questions regarding the project. Sincerely, )VL4J,� Valerie Leone City Clerk, CMC Enclosures — Contract, IC -1.34 cc: Guy Johnson, director of public works Chris Long, city engineer Crry OF NEw HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 IA F- Project Manual For 2013 Sanitary Sewer Lining New, Hope, Minnesota City Project No. 921 CONTRACT May 201-3 DOCUMENTS Project. No. 193801857 0 ntec 1 1 1 1 1 t t 1 t 1 t ,d► , CERTIFICATE OF LIP THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the the terms and conditions of the policy, certain policies may require an s certificate holder in lieu of such endorsement(s). PRODUCER R & R Insurance Services, Inc. 1581 E Racine Avenue PO Box 1610 Waukesha WI 53186 INSURED Visu-Setter Inc W230 N4855 Betker Road PO Box 804 Pewaukee WI 53072-0804 .BILITY INSURANCEDATE(MMIDDNYYY) 7/25/2013 f AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES iE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ndomement. A statement on this certificate does not confer rights to the CO"T Amy Brennan NAME PHONE(262)574-7000 FAX (262)574-7080 AbDRh-MAIL . amy . brennan@ rr±ns . Com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:The Phoenix Insurance Company 5623 INSURER B ;The Charter Oak Fire Ins.* 25615 INSURERC:The Travelers Indemnity Company 5658 INSURERD:The Travelers IndemnitX Company 5682 INSURERE:The Travelers Pro erty Casualt 5674 INSURER F t,UVtrcwuts CERTIFICATENUMBER:13/14 WI Liability/BR/IM 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. INSR I ALIULaUBM POLICY EFF POLICY EXP TR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMWDQ=l (MMORmymLIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DA A E TO REN PREMISE Ea occurren $ 300,000 A CLAIMS -MADE a OCCUR TOO-59688624-PHx-13 /1/2013 /1/2014 MED EXP (Anyone person) $ 5,000 X Blkt Add l 1 Insd Endt. PERSONAL & ADV INJURY $ 1,000,000 X 5,000 PD Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG S 2,000,000 POLICY F X. PRO LOC Employee Benefits UabiMy $ .1,000,000 AUTOMOBILE LIABILITY COMBINED S!NGLE LIMIT $ 11000,000 B X ANY AUTO TBIO-596OX624-COF-13 /1/2013 /1/2014 BODILY INJURY (Per person) $ ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Peraocident) $ X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE AUTOS Per 'dent $ $ X UMBRELLA LIABX OCCUR TB)- �-5968X624-IND-13 /1/2013 /1/2014 EACH OCCURRENCE $ 10, 000, 000 `. EXCESS LIAB CLAIM"ADE AGGREGATE $ 10,000,000 DED I X I RETENTION$ 10,00 $ D WORKERS COMPENSATION TDTAE-UB-5968X624-13 (W1) /1/2013 /1/2014WC STATIU OTH- AND EMPLOYERS' LIABILITY X ",ANY PROPRIETORIPARTNERmxECUiIVE YIN TO-U1B-5985x713-13 (AD8) *8 /1/2013 /1/2014 E.L.OFFICEWMEMBEREXCLUDED? ® NIA EACH ACCIDENT $ 500,000 (Mandatory in NH) RN -DB -598270298-13 (IL) /1/2013 /1/2014 E.L. DISEASE - EA EMPLOYEE S 500,000 If descrbe under DE CRI OF OPERATIONS below (1000000/1000000/1000000) E.L. DISEASE- POLICY LIMIT $ 500 000 E Contractors Equipment 660 -51678974 -TIL -13 /1/2013 /1/2014 LeasedlRented Equipment $300,000 Bldg Risk or Installation Any 1Loc/In Transit orProject $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Project: 2013 SanitarySewer Lining -City Project No_ 921. City Of New Hope and Stantec Consulting Servioes Inc are listed as additional insured in regards to general liability, business auto, and umbrella on a primary and non-contributory basis when required by written contract per forms CGD246 08/05, CAT353 03/10, and CGT800. CERTIFICATE HOLDER reurr=l I A-rinu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of New Hope ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Avenue North New Hope, MN 55428 AUTHORIZEDREPRFSENTA71VE Thomas Scheider/JB396 - ACORD 25 (2010/05) Q 1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninnSLnt Tha ArnRn mama and Innn arp ranicfprpri marlrc of AnnRn CG D2 46 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. WHO IS AIV INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III -- Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and fl. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim_ To the extent possible, such notice should include: t. How, when and where the "occurrence" or offense took place; ti. The names and addresses of any injured persons and witnesses; and M. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable_ The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above_ 5. The following definition is added to SECTION V. —DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement Is in effect, and c. Before the end of the policy period. CG b2 46 08 05 User: Aimee Furrer 11/15/2011 03:30:48 PM COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -- This endorsemerd broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read ail the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES -AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The fallowing is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or foram dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT L PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11, C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION Ii — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION Ii — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" Any person or organization who is required under name, with your permission, while performing duties related t4 the conduct of your busi- a written contract or agreement between you and that person or organization, that is signed and Hess. CA T3 53 03 10 0 2010 The Travelers Indemnity Company, Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc, with its permission. L__j • 000982 COMMERCIAL Aura 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b, For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you awn: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COW ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE-- (2) OVERAGE:(2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. .2. The following replaces Paragraph A.2.a.(4), of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses Incurred by the "Insured'! at our request, Including actual lass of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.T., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or User: Aimee Furrer 11/15/2011 03:30:48 PM within such country or jurisdiction; for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto° you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds, (a) With respect to any claim made or "sulk" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. stions. (ii) Neither you nor any other involved "Insured" will make, any settlement without our consent. (iii) We may, at our discretion, participate in defending the "Insured" against, or in the setffement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of'SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., limit Of Insurance, of SECTION li — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used -up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 0 2of 0 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its pumisslon. to the "Insured" whether primary, excess contingerd or on any other basis. (c) This Insurance is not a substitute for re- quired 'or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type, User: Aimee Furrer 11/15/2011 03:30:48 PM COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL 0 DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) awned by an "insured'; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto" No deductibles apply to this Personal Effects coverage_ K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss" CA T3 53 03 10 02DID The Travelers Indemnity Company. Page 3 of e Includes copyrighted material of Insurance Semloes Office, Inc. Wfth JM permission, COMMERCIAL AUTO M.. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed Prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by • User: Aimee Furrer 11/15/2011 03:30:48 FM such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation; Or f=raud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 02010 The Travelers Indemnity Company. CA T3 53 03 117 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 000983 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTSM-CUP-5968X624-IND-12 ISSUE DATE: 08-31-12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE AMENDMENT - OTHER INSURANCE - PERSONS OR ORGANIZATIONS FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE INSURANCE THE FOLLOWING IS ADDED TO PARAGRAPH 10. OTHER INSURANCE OF SECTION IV CONDITIONS: HOWEVER, FOR ANY PERSON OR ORGANIZATION THAT QUALIFIES AS AN INSURED UNDER PARAGRAPH 2. F. OF SECTION II - WHO IS AN INSURED, IF THE WRITTEN CONTRACT IN WHICH YOU HAVE AGREED TO PROVIDE INSURANCE FOR THAT PERSON OR ORGANIZATION SPECIFICALLY REQUIRES THAT THIS INSURANCE APPLY ON A PRIMARY OR A PRIMARY AND NON-CONTRIBUTORY BASIS, THIS INSURANCE WILL APPLY AS IF OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION WHICH COVERS THAT PERSON OR ORGANIZATION AS A NAMED INSURED DOES NOT EXIST, AND WE WILL NOT SHARE WITH THAT OTHER INSURANCE, BUT, THIS INSURANCE STILL IS EXCESS OVER ANY OTHER VALID AND COLLECTIBLE INSURANCE, WHETHER SUCH INSURANCE IS STATED TO BE PRIMARY, CONTRIBUTING, EXCESS, CONTINGENT OR OTHERWISE, AS RESPECTS THE 'AUTO HAZARD" OR THAT IS AVAILABLE TO THAT PERSON OR ORGANIZATION WHEN THAT PERSON OR ORGANIZATION IS AN ADDITIONAL INSURED UNDER SUCH OTHER INSURANCE. PRODUCER: R & R INS SERVICES INC OFFICE: MILWAUKEE 115 CG T8 00 Page • of 1 001027 DOCUMENT 00 91 13 F3 + ► 1�] 2013 SANITARY SEWER LINING IMPROVEMENTS STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA JULY 10, 2013 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 366 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. ® 2013 Stantec 193801857 Date DOCUMENT 33 0138 — PIPE REHABILITATION BY CURED -IN -PLACE -PIPE (CIPP) 1. Page 33 0138 — 2: Replace Paragraph C.1.a. with the following: a. All pipes shall he considered fully deteriorated. ATTACHMENTS 1. None END OF DOCUMENT DOCUMENT 00 91 13 ADDENDUM A 2013 SANITARY SEWER LINING IMPROVEMENTS STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA JUNE 7, 2013 Number of Pages:._ 2 (includes this sheet) To: All Pianholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Oris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result In rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date ADDENDUM A Q 2012 Stantec 1 193801857 00 91 13 -1 DOCUMENT 00 1113 -- ADVERTISEMENT FOR BIDS 1. Change the first sentence to clarify the ihy of the Bid Opening. The date and time is correct, the day was shown incorrectly. It should read as foilows: "10:30 A.M., CDT, Thursday, July 11, 2013" ATTACHMENTS 1. None END OF DOCUMENT - ADDENDUM A C 2012 Stantec 1193801857 009113-2 SECTION Co 01 05 P.RC F—ZSS10K.L CERTTAFICA IOKS PRCIFESSiOVAL Ea OKEER 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. ac�irs'��ir.ss Jason Pe oen Date: May 22, 2013 License # 50142 id D- O� SZC710w PROFESSIONAL Ce 2013 StanieC i 193801857 00 01 OSS -1 ZECTi EQi� 00 01 10 TA31LE OF CONTENTS FrROCUREV1EHT kKD CCP. RACRI:KG REQ'.:IRECrEP" rS GROUP Dvision G0 - Procu.-ement and Cont ecting Requiremants Introductory Information 000105 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 00 31 00 Available Project Information 00 41 10 Bid Form Contracting iiequiraments 00 52 10 Agreement Form 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 72 05 EiCDC C-700 Standard General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SP2CEFICATIOIDIS GR'O'UP GENERAL SUnr-tOUP Civis on 01- General Requirements 01 10 00 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management 013300 Submittal Procedures 014000 Quality Requirements 01 50 00 Temporary Facilities and Controls 0170 00 Execution Requirements CiE*is'on 02 to 29 - Not Used SZ': E &FID INFRASTRUCTURE SUBGI O UP Division 30 to 32 - R'lot Used Division 33 - Ufdlities 33 01 38 Pipe Rehabilitation by Cured -in -Place Pipe (CIPP) 33 08 31 Sanitary Sewer Televising, Cleaning and Inspection Division 344 to 35 - Plot Used PnOCFSS EQU?P HEli T SUBGR.01W, Divis€on 40 to 49 —Kat Used FIGURES Figure 1— Project Location Figure 2 — Sanitary Sewer Lining Plan EiID OF SEC TIOR TABLE OF CONTENTS © 2013 Stantec 1 193801857 00 01 10 -1 SECiTI011! 00 11 13 ADVER i ISE; Q. U7T 1 OIR SIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 A.M., CDT, Monday, July 11, 2013, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2013 ril - My Project No. A!921 In general, Work consists of rehabilitation of approximately 6,000 feet of sanitary sewer by installing cured in-place liner. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting O;:astCD-M eBidDoc #2716298 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4500. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota O 2013 SFarrtec 193801857 ADVERTISEMENT FOR BIDS 001113-1 SECTION 00 21 13 I11ISTRUCTIO 'S TO Bl DaERS kMCLE f - 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. A1117 CLE 2 - MPAMS CF BIDDIic 13 GOCUMEKTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bidding Documents INSTRUCTIONS TO BIDDERS © 2013 stantec 1 193801857 00 21 13 -1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EKAMIMATIOfN OF SIDDIM DOCUMENTS, OTKER. RELATED DATA, AMD SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and.drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning © 2013 Stark 1193801857 0021 13-2 responsibilities for the adequacy of data furnished too 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 dean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly (mown to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; INSTRUCTIONS TO BIDDERS CD 2013 Stanbec 1193801857 002113-3 H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE'S - PRE-BID CORFERENCE 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 AICD ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE S - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of INSTRUCTIONS TO BIDDERS d 2013 Staniec 1193801857 0021 13-4 receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - COP-TRACL 71HES 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 DAKAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ART CLE 11- SUBS I II'a UTE AM. D xC 0;�- EQUAL" ITEPS, 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 - SUBCGHTRAC7ORS, SUPPLIERS, MD OTKERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12-02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to'Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. INSTRM-FIONS TO BIDDERS 0 2013 SWnbec 1 193801857 00 21 13 5 ARTICLE 13 - PREPARATION OF BID 13.01 The Sid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. LErasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer In the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; CCMPARISCM 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 Altemate 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. i aTUC71ONS TO BIDDERS p 2013 Stantec 193801857 nn 2113 - 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 sura 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. AR7CL1E 15 - SJl3V.JTTAL OF SID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED."A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 4110, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. w.MTi ICLE 16 - KODIF CATICH ARD V11—i tiD :AlrIAL OF 5ZD 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. AErTZCLE 17 - OPERRIG OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE IS - BIDS TO REfr. IC' SUBJECT TO ACC!EFTAF'.CE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALJATICH CF BIDS AlM. rtlVAPZ© OF CGKTRACT 1.9.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. -- INSrRf,3MONS TO BIMERS O 2013 stanbec 1193801857 002113-7 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entitles must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21- SIGNING OF AGREEWENT 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 d 2013 Stanbec ' 193801857 002113-8 SEC91100 00 31 00 AVAILABLE PROJECT IM FORMATIOM PAP.T 1 GEH ERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Television Inspection Prepared by Visu Sewer Clean & Seal, Inc. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORIMATI 1CON © 2013 Starbec 193801857 003100-1 SECML9-qT ID: 1029 'Visu-Seswer Clean & Seal.� CITY OF NEW HOPE W12301;54856 Be&ew Mxci ft--suitme, M $3072. .. s 4262) 6944"11- : (2a) 895-2359 Web: ,P 1562 t 0 "`ice f+ D" e .t i3 iz'?'�yy t!�$::o' �r Err P�lszni� i;r a -h `�� .+ s'�'� ©LEii yi` C"=ter n r +��� :r?j �G' S�r�lr � ��C:� � �'�:.`.. 2. ! -------------- 0 • 130 9 .R3J Ross, B4 € 5 B _ .130 9 . SA Smey Aba :dwmd DO TO ROOTS ----%26..3 RBJ RCOt&, Sd, joint 9 --.114.8 RrJ. kms, FkW Joint 5 td.9 ROOTRAT ALL. JS3EMTS --102.9 RFJ Roots, t kW. Jdnt S t i -- 90.3 RFM Rooks.-Fine' Joitst Oto 9: - - —858 W.4; Rte, :,7,adi m Lateral 3 to 11 85 t 7'A TapACPW 9 H .:84.1 RFJ Rte, Fes_ Jit Ms •ti3.Z. TFA Tap, F40w Madw- icbe 3 Ft m i1 J —8.2 TrA 7 �,.ade. Acts 9 H 8317 -.0-0 AWM ADoem Point - �F.$ftft VAH PG � Cm on Wed nesdsy, 1III 5d'Z at 00r.41 Ari+ by tfa Pre?'ec$3TV station sj8$B.�n. 1 SEGMENT Td: 1030 Vilsu,'Riawver Clea,Seal,, Inc. CITY OF EW H vy?3o mm Betker ted. Peusu gee, Im 531 2 CC IA: () SM -2340 _ tax. (262) 6064359 Web. W -r4 esu-svmsr.c MIA 3 jeb +!wit -tan Lc-=umwtel )_ U"iiivvwwa -0, STH Al ,i rgn 4IE1 rl' .•'fiu* Lf L:;`3C:7 E _ s91TTi US lh,`i C� E Pz'�^w�+ �Mf�-' + jqo Pre^oer�� D �-- n A 232 M +It ea?.:, f F.z .1 ,ice. h4'. �r s3µ► r":.' l4,+}•r.. �`t# s7 1' L sL:nyyr�w�_ i� "SM'.' 3 _ a. 2 0.48:30 PF Ce.~7�tee� Cede �osu° an Sidon Coat. Camcmt --DD AAA H ArCess t - L; WN Pe ..•24.8 TFA Tap, FacWy k'Wbde >A 1€I 43316 *75.7 TFA .Tap, Facey L'.ade. ACWe 3 SR H.. SM. • 910.6 TVA Tap, FactoY �sft Active g. Fi,8M • 915.3 ,i«' ilLS Water Level Sad# 6" TO;M - — • 167.4 TPA Tap, Faddy a Ad" 3 H 6.361 -232.1 A�+� �i Ams r�a�nt -Z� :M P7 ,.232.1 T=':Cis Gaga UrdW tam Do T4 SAG START AT 2{117 F6. Cmmatbd an Weckssdzy, I9115OX3 at 10.02 AA bJ MePfpffe"TV =Pecbm system• 1 -231.7 SEGME0T 1D: 1318 Tap -Faobryt4tde:Acbm 9 Ham 4205.3 TFA V(su-Sewer Clean, & Seal, Inc. CITY OF NEW HOPE 3 "30 K4M DWI-= Road, Deuimkao, '-Vt SM72 4:(2; a5-2360 - F �M, M-2369 155d 551 m b w LowAca (strale-4 Uor, of ssww 29TH AVE W FL --n 8%"m MZU--eal Jt. spact.-12 'skzns 8 ; j tragod CiFPipp fi77 u is Mo Pao -Cleaning Dry 0 a 2ff7 JR20C Com-1tw S�Mrt Coum w 7-md con"If!= ia va- F— 2 074W30 0:57:30 FF 1234 g' Vi I. :m'iscegion pogrim ConL Conurw-V -j 0 AMH Moms PoM - Uwgtob, im P3. 1 -231.7 TFA Tap -Faobryt4tde:Acbm 9 Ham 4205.3 TFA Tap. FaC1oFyk'Xd&:AC1V-- 3 H 8517 -142.8 TFA Top, FackxyL'adw.Adive to H 8616 -99.6 TFA Tap FacWymade. Aqhve 3 485n —3-8-8 TFA Tpp.Fot*";FzdwAches 9 SR H 8524 *19.9 mviLs WuNgWr Lew,: Seo Z' EA-DSAT.71FT ir-M P2 Commmied m Wsdnftday. I 1111=06 at IDA5 ALi by the Pq*Te&g TV mpLCi= system. A SEGMEW IG. '1045 _ �+/y� ■may■ &yy�� j` visti-Se■y��� Clean � F NEW HOPE W230 JNA$553etker RuRd. Wl SM72 I,.CTV ;`el._ (262} N&2340 - Fax ( ) G95-2369 !}Nets- wLKv.viseA veT.iG1'4'i :i 9 AQtilt.A ME ig w� var fS�try���k�rp.� w•rr_�pr , �_-�- l ia� �y y e . �y T��9ffw RV'MIg. P�L Ziik�mo$w'Qi*. L"�Cri •rl4i'� •�©. Vk'w�M2i_i 34 1.18-30 M., CO -60 rm*& 4� p"mc V iY i P 1 ---147.2 .A M A P(nt - :'ni de f JQ 3 TMA. Tep, ram Vim- AcCw* H 2MS --68.9 TFA Tap,F&CIWyMadeAdrM 10 H 2901 J J A ^ 1a:2 TFA Tap, facWy M=* Acfve 9 H 582 -O.D NiH i Si3ont- WanhOle WH 1s2 Ge sated on.Wednesday, 1.11 512006 x.11 44 A -A by the P TecW TV MpecdOn SYS181n. SEGMSIT ID: 1043 TFA Tap,. Fes; v" : AdWe 2 ,, l u -Sew r Clean Swab; .fin+ , CITY NEW O NE TFA Y1t230 XaMS Setker s !swizeez M X72 10 28W I Tel.. V -2°x:2. - �,ot Crt61 2 359 Web: t r ----- 1785 TFA I�i�'�i'���il sF%i i.t Gli �A�+i °���•ii+lf�i -y%�N-E iY ! }� yl�j..11�++c �j ■�y� 1{� 5 �G,ylf�Jry � eye+ 2 f OM . ► _ i 1553. 1552 TFA Tap� Fad;' : ;;ate. _ _ - 159.2 M- M FR�s, SO, .seri 6 to .1iF iij_ •2'.5.3 _ €i A. 7Z. Er!:9 E,7r�3"e"`i•. :i ..�C'PF��►iQ ' I .a 'i ." s . `r' Fb in3f31ik a?� Y � TFA WCt R. r�oegi�;; 3 •331.0 AiAH 1234 C MAN cerdrsted o, w#KkwWar, 4iri 51203 at ging Ph� by Me P08Tiv in�n . i- Fir.., Case � Tf •:.1 Y�d.'S�riFT�3Cont, t omnont �=p —r{3 0 TL��X A PoM - �M !s gj . --77.8 TFA Tap,. Fes; v" : AdWe 2 -H 8517 -W.0 TFA Ta,% FaOor swa ,a Adie 10 28W t r ----- 1785 TFA Taps Fes' MA, 6r AdWO 2 f OM . - 18&7 TFA Tap� Fad;' : ;;ate. 10 SR H - 159.2 M- M FR�s, SO, .seri 6 to .1iF •2'.5.3 WMS IAW Le! Zt SW T ERDAT 259 ' I -269.3 TFA Tap: FBCto(y Maw. Ac&* •331.0 AiAH A=ss Point • :/.anhoIs im Pis' cerdrsted o, w#KkwWar, 4iri 51203 at ging Ph� by Me P08Tiv in�n . i- Rg. CcLaD8SC,.oft-, —An AoMwPMW-U"*Wft -14-5 Cr- Cra&0M=TftM" .15-3 TFA Tap. Farms 0_,adWACI" •95.0 TFA. TSP. FbdM Acfwo -97,0 TFA _rQP,r-adM:AaPA*ft -172.3 TFA Tap, Fal*qk'MdO AL6" -114.2 TFA 'rap. FadDly ;Cade- Al*� -=2 TFA TZP.F=tmYk;zCIwp=t6v -256.8 TFA Tzp,FaCk*YW-aoWACWe -.3M.5 AMM Ao=&P*M-U8nh0I8 pwtbm.. cont Ara .-nom t ia4 P15 7 to 10, 9 H 8424 2 H. 8417 10 H 8416 2 H $400 H 840B 14 MI 9 H 8400 SR GaWat,ed On Wedoesda), r,� p� by the Pipe, ecW TV inspecbm Wstffrl. SEGMENT ID: 1044 VgSU-Sewer Clean & Sea!, Inc. I CITY OF NEW HOPE W23D X4856 BeLlw RO&d. Per,'Jadtee., V* -q SM72 ' Tat -. (26Z) M-5-0, an- -:F Web- vvvs vWA"evvL=n —1.564,. R*& 15521 Lc.=—jco�i st,-,re nTH Vos e -a 4 J. L - us iwi i% NO,. Mi.'s p:tEgri _Y_ _3 2B X. nn! K. 0 As;O* Pre-Cleminj C. 0. M3,61h. NO. sz, PF F3_4 F 12 —2 NA Rg. CcLaD8SC,.oft-, —An AoMwPMW-U"*Wft -14-5 Cr- Cra&0M=TftM" .15-3 TFA Tap. Farms 0_,adWACI" •95.0 TFA. TSP. FbdM Acfwo -97,0 TFA _rQP,r-adM:AaPA*ft -172.3 TFA Tap, Fal*qk'MdO AL6" -114.2 TFA 'rap. FadDly ;Cade- Al*� -=2 TFA TZP.F=tmYk;zCIwp=t6v -256.8 TFA Tzp,FaCk*YW-aoWACWe -.3M.5 AMM Ao=&P*M-U8nh0I8 pwtbm.. cont Ara .-nom t ia4 P15 7 to 10, 9 H 8424 2 H. 8417 10 H 8416 2 H $400 H 840B 14 MI 9 H 8400 SR GaWat,ed On Wedoesda), r,� p� by the Pipe, ecW TV inspecbm Wstffrl. S EG �+ ANT ID; 1319 1 � i t u' +err Clean k, Inc- WY'..` � F �.W HOP r _ ,amu *411 5Mi i yt'ti.."�'r Web 1 4$ 553 Use of SZAzf o, -j. Z.1;"' , 0! -4 IT -aa sive tser� 'qT �as� i.+`ii' 0i6i ['`_bio Pre-CleanN _ zowit3v stert. rir3U:i►'�i a�Z.i.-� , K'"-'"-- " r- �. , con- 'r s `s I .„1 74,$. TFA Tap, Factory iAadC ActiveH20Di i f s fLi C,eriaratad an �l�fe asdaty: ! IIi i2C�S a€112.1 F'*W by i .' F Tact 10 TV i:�speCtian s,�r� J SEGMENT ID: 1042 'Visa -Sever Cleanaf,, InC. UrY OF NEVY MQ -Pt: W23o R4M EkAhwr toad, Pe+:_ d:ee,1K 5372 cc -i -v i eL. t2M G-2340 F= (232) 6W2 1 AR.��x'_►moi-SEIC iii do �I ---00 AiAH Ams Point - � Fi M 7.5 'TFA Tap,F9cWyj4adoAC6M 2 H —883 '[Fly 'day►. Factory Vie; Adjm 3 Ham 1662 AMH mss POW- ;AH P14,. Gated on Wednesday, 19115/2006 at 02:43 PM by the POSTe" -tV irawooro' System. Wi tt ^ 3i�'.irr - _ _ r� . Yy+► .;ow ✓:t+�-- in.. � �k='. i►,,�*ia ` [ L t J' vi�� rte: q=0Aai .'' r 1 -ti ° �[=i "ir� tr'w7r "`ih : DaIz w-4 Ye-` lPh f do �I ---00 AiAH Ams Point - � Fi M 7.5 'TFA Tap,F9cWyj4adoAC6M 2 H —883 '[Fly 'day►. Factory Vie; Adjm 3 Ham 1662 AMH mss POW- ;AH P14,. Gated on Wednesday, 19115/2006 at 02:43 PM by the POSTe" -tV irawooro' System. ,A SEGMENT ID. 1320 l rl u, -Severer Clean &Seal, fin.C.0 CITY OF NEW HOPE. W23:'t MRrW Wier Road, Ps".4m;:Le8, VLfi 53072 .*•„rb-� Tel.: P82) 39&2340 - Fpx (2w) 69S 2359 Deb: Yl`+�7.ithS�rti`f.C[!t upstrwiza BAN E� _. Loa S!7 -0i ffz(aI k,:: SEGMENT D: 1325 r. w HOPE ss -sewer Clean Seal, Inc. _..-� f k W4M B gtOr int. ft-r-Leltee' W1 53072 W230 Tet: (2C-2) 695-2340 .. (M-, ) 695-2359 • Dii�u�.'� 1 :rimes {� _f 1�- !'�Li�i.1'S A�� i�! � .,.� _�" m- .. � �-4uTii41yYr.T'V i � 7- —CkCUI ar Use !t iii Scaly. • Isr"i7: �.�� . -�^ �.� .. �� �6 •� 4 4_w' t:t�i Yeti Ea�.'ryy`,�iy-__ -/S. 1L.iiW�W 12. �^ •-- 15 s...._ C;C �Ar�C.TY �T ,�. �^ i RA�rte---- -3820 AW4 ACOM p'ONA �r�010 12 SR H 8525 •382-,0 TFA Tap. Fsc*"'imft.F"' A 3 SRHt . W 1 . TFA -rap, Few .ate: A .313 2,7 TVA Tap. Faddy G� Acts .219.8 TFA Tap. Foam SR H2rA2 162 4 `SFA TSO, FwtWlade. 3 SR H 2141 130 0 TFA tap, Fac" % '" - #773 IFA TOP. meq , A -4 H 2140 —54.9 TFA Tap. Faddy *43.4 .DAE D6POs "' Aftached. Encnn*AiOP7 to 5 `'. SR 82784 .7,6 TFTap, ap, ' F yv � AGWO WN P22 -Oil AEE ACCMPOOd-flaBhOle G.I.IA d m Thursday„ 1111WOW 8t 13158 M6 t y !ha POTeIWI � 4-MP9aum SYS5 P. �. SEGMENT ID. 1048. Visu-Sewer Clean & S-eali Inst 1; SS kee, W230 mA856 Setker Roed, Fewev' Wi 153072 Tel .: (M) 695-2340 -Tax ' 232) 595-2M WekL CRY OF NEW 14OPE 1� ^ ka1111 4-0 -.29o.e TFA Tap. Fackq�7a,ade,Acfiw -275.4 TFA T.IW,FCdM,'WFdeAfire —206.3, TFA. Tam FgztDrr -.2.03-1 TFA —.0�O P&�i Aeons PON- M aAhOW 3- 3 9 H27.32 H 2741 SR 14M4 142733 Gar m' -ed on Thursdar. 11/16=5 at 0&38 Xa'-i by the Pipag" TV kmpeow System- i.iL HitMH- f55:8 Za tt; r— !L r1 f6 I w 0 t Orculet. S. P, I'D 4 p 12h W I-ztc 7 P!nm tmg:2v A!D p L_j F7::A ft7 J. 0 K0. IJLIv,4-3::tu Ro. Counter Vart Cou-,: Ra.a-, PF--. zc, cce-e romfiaim. pawwo Cont Cccmner. -3761 hSA Son"Abandorad Do M ROOT SAIJ- - 374.8 RW Rwbi, Bil..kxM 11 us *370.5 RW RMob, 3ft, JWC2 m I .3637 -S53fS RJ RoK Fme-Z&.! 7to TFA Top, fadorY iviWa. AcBm 9 H 2757 -.29o.e TFA Tap. Fackq�7a,ade,Acfiw -275.4 TFA T.IW,FCdM,'WFdeAfire —206.3, TFA. Tam FgztDrr -.2.03-1 TFA —.0�O P&�i Aeons PON- M aAhOW 3- 3 9 H27.32 H 2741 SR 14M4 142733 Gar m' -ed on Thursdar. 11/16=5 at 0&38 Xa'-i by the Pipag" TV kmpeow System- a SEGMENT ID: 1,041 ), N HOPE esu -Surer CleanSeat, W230 K.4855 Be*w Pmd, Pet�raWwa, 4:M 53072 01: (157) W,3 -2W - F=: (2M) 2354 M. A F!tg. 1 �■ ��,,,�..-�,. ■��■ ;gyp'„!� Posmon Caqr*- cc-mmat P29 ”---2421 M� 1-1 A Wit- � H 8 N - •237.0 TFA Tap, Far a'' ' Acg" ;L1i .234.8 za of Smoot f WOtiV� 7105 •6"L7 RFJ Rte, Fine JOW k`� �.��-�'k.�r�rv'i .�yq�. *Ya- !�z� rti~ti i+1]e SL - -�- n S ID AM 4 22 r _ � A t � — — -- —. ■®� y. r co . Mar � . ���*{ -�_ �/:-y:Qi. moo. �.. r.....�-. .fir coLmi elv9s M. A F!tg. Cafe1i-103x'7 T ap, Fades WacW Achm Posmon Caqr*- cc-mmat P29 ”---2421 M� 1-1 A Wit- � H 8 N - •237.0 TFA Tap, Far a'' ' Acg" OT 3 ROOTS t 1724 .234.8 I -A Tam Fairy Vw. 7105 .131.9 TFA Tap, FseM Made AcW8 ROOTS H -149.9 TFA Tap, F&ckHYy K;adw Ague 3 FROM HSM -12.0 T: A T ap, Fades WacW Achm g 1.tDOTS 112725 . .70A Raj Ftwk s, B0, JOA 7 l0 5 s SR ROOI S H2717 •89.8 TFA 1 op. Far Y : ice AdO* 7 tri 5 .684 RFJ Roots, Fina. JOW 7105 •6"L7 RFJ Rte, Fine JOW .G,p Ak''S-1 AccmPoW-WAmKft P30 Gerio€axed on Thuraday;1111Ei1 OM a# MOAM by tt* PipeTera OIV kispechm syswr SEGMENT' Ili, I�•7 . -� ('"r 1su-Sew er Cleats Seal,, Inc. CITY F NEW � )FE T V!1230 N14M V~ at Road, Pewaukee, W*153072 j I at:; Mt 695-2? - FIGx 1252) 695-2359 web - i 1� Effil 1965 1 1vi00—,S _11; Ot 4(3Tf-Qi - _ 27TH Pi i�_ � L . Sen�iii is s.�p zy n.� �D r.y }.� �i y�.yy � +�..[�.,. P �p�y'Y; j^Y. \.ao+4iri - .�f■r�riR Y5'vs aIJ7� Wl .•S Q.w�� � -f3�L iKJ. � k� W� lr.�li ?�•..^.3ec,�:_� VY cz, LIer. Sir �.�� 4S c� �:�'� ms.:... zwa: Rb die-le:�i_' halt 0 S �. — _ - 3 L-. Ho. _ Ai�1 VAe-6.:m `-fi g:. �n`CUrtW Stu, Counter smd [ . _ ._� .� Posi9on ick, 4t�- 8 Aii&H Arras PVAZ- arrtOia w -1 Pmt r 1 -784 TFC► TaPFPc" G-Mds. AC5%re 9 19 8416 88:6 TFA Tap, Fac ', _Active 3 27{i8 I •111.4 *F14 iap;.Fl`; ".8'►se $ #t8' 181.9 TPA TJW,F8dWyVAdT.Acfiva 3 WNW I 2521.3 TFA Tap, Factory' 9 H 64iJ 3 . —•2793. TFA Tap, .FaCbDry ;H : A 3 E 8401 x'..2.1 AiM A PdW r: Ahow EH P31 • 326.-1 :FA Ta?, Factory 1:Admlive 2 ## 27E 1 C,ersraW to Ttwmft, 1111 '3 at W28 A .', il• %J:-- �pTedMIFV irkSpe c im i SEGNiEN 1 1D., 1046 Visu-Sewer Clean Seal, Inc. $j,, 23p jg4M Ber-w ROW, pew jou tee, V1 53072 Tel. (M) 6 5-? - (M) -2369 I' I. I a ` FVE# HOPE CMV ::�r. Ccie G wl"33.�n�y Aan lrl Atm Powd —Illi 2 WAIS iAMW Leve' SW .7 TFA Tap. Fad Wac* Acum 3.0 16NVtS WaW Lsvel, Ig 21 TFA tarp. FBdmry �gde Aotwe .z TFA Taip. FocWy;-ode: Ac bm 412 TFA lap, Fac#o+y Ac'. 47.4 .wGO Genual f ervaW . -0.0 AiC° F( ACCe45 Pant -.t "-VdMW -'Q.0 R'iwL$ V aim Lever Sw Pnsiien coni caw AH P31 3! FM AT 283 '-Ati S, H 2718 END AT193 9 ROOTS fisnu. 3, ROOTS H 2725 1-0 ROOTS H 2732 X -R ROOTS AT MOL1S� JD� i�'TS WH P24 W is WDAT2 GorieratO obi Thu€sday; 1111th at 10:10 Asa bl, the M�TOdOTV tin went ! mow_ r �" y Job Loevelan IT "I. 2 YUF(O+,� AVE M . 22 .�on !RMdUS ti13ty�F �, i�f6'i.iATI ■���r+�'" •� �+��� y��S ='� ir�r lYiteV 1w'.• � 'Fly . t�epp/q�" Y'+i'- ti► " yy ♦p�'y { 1 r~ �fSYRm�. _ 1 283 l dY::~ �"ti• Sal PF 2t{�'i.C:} No. 1234 3.19 ::�r. Ccie G wl"33.�n�y Aan lrl Atm Powd —Illi 2 WAIS iAMW Leve' SW .7 TFA Tap. Fad Wac* Acum 3.0 16NVtS WaW Lsvel, Ig 21 TFA tarp. FBdmry �gde Aotwe .z TFA Taip. FocWy;-ode: Ac bm 412 TFA lap, Fac#o+y Ac'. 47.4 .wGO Genual f ervaW . -0.0 AiC° F( ACCe45 Pant -.t "-VdMW -'Q.0 R'iwL$ V aim Lever Sw Pnsiien coni caw AH P31 3! FM AT 283 '-Ati S, H 2718 END AT193 9 ROOTS fisnu. 3, ROOTS H 2725 1-0 ROOTS H 2732 X -R ROOTS AT MOL1S� JD� i�'TS WH P24 W is WDAT2 GorieratO obi Thu€sday; 1111th at 10:10 Asa bl, the M�TOdOTV tin went r: SaG111214T,'I'M i0 :5 CITY CSF 'NEW H t . NS W230 U480 SL-. - wRoMd. JPWov :! e, i}72 T C:l . (26Z) 6X -7W - !"fir } 685-2359 - 97.6 DAt DVOOW� ed: Dwrishrkm 7tD'1 i a2.5 TFA Tap, Flory %.• Anre 3 142753 104.5 TFA T*.Factoryll-OaCs Acte 9 H 2741 • a 9'E.as was fitSi r t' 'D AT 21 IFT -276.6 Mix ifiset (d aaed)_ McTWm 276.6 MMS X:WW Lei.7 r-ZD.Al 2 -4D. --n R 26 /5,0 A- i s Pott - i t mis .lit €'16 Gated on Th Way, 11/16t2€t 6 at 1022 Aw; k- the POeTedMTV! n s�!- hAhi '1564_, F P 4 T Ora lct t um'L:s' :.a.�.t..F��a� 4s ►�"s��� i�' �a ��h wp_ _ _ ....� ��_ YUKat f l,lr- is, � .r*fqd _ 4„ i _. l7k3r'►3 11 2M j AA-.s�,[a 2'ti c. .PO~ VOii.. Ga-+ ara -C.O AiM AODM point - �Mntla4_a, 4+� P24 17.2 TFA Tai, Fairy (','= : AZ-':im,. 9 H 2733 • • 10.9 TFA 3 H2T4el - 97.6 DAt DVOOW� ed: Dwrishrkm 7tD'1 i a2.5 TFA Tap, Flory %.• Anre 3 142753 104.5 TFA T*.Factoryll-OaCs Acte 9 H 2741 • a 9'E.as was fitSi r t' 'D AT 21 IFT -276.6 Mix ifiset (d aaed)_ McTWm 276.6 MMS X:WW Lei.7 r-ZD.Al 2 -4D. --n R 26 /5,0 A- i s Pott - i t mis .lit €'16 Gated on Th Way, 11/16t2€t 6 at 1022 Aw; k- the POeTedMTV! n s�!- `.. -It -a -11.9 i INL.S Wftwr Loyd... sac 3" END A146 40 WH M, P17 .t Genera .on Thursday. 11111612006.ai.11-03 XPA by tt+B PgmTecW TV ir-spe cHon sys". ' SEGMENT ID: 1027 "sib -Sewer Clean & Seal, Inc. GrN OF NEW Hoof VV230 "A4855 macer Road. Pcm4ee, V61 53D72 --C TV _ Tai.: (262) 895-2340 - Foc (262) 695-2359 t,n-,+ 'vim-uww exec n,� 1Cl 4 '' aF.'�'a �" _► Le' 4lSf M�' -, 1578 ` 1577 ssN:.to 'fes L� E * ai'! iELy Pipe S:"�,, s��."��+�-cru V... �1 :�ilisi� IV-, Pme y J1. cirmlar ML+ H 0&2 1h- _ E -le o Mpe Lin .Sw� 3:36;3 ..._.1: 337:05---- J Commooft_ r4r. COLO Cs:SGEiocm POSM01 con:::.. cam"orst --146.0 AWN Access Poinit - W7®nho4a �Oi P25 � i43.0 TM 'lap, r-xcWy z_R"e• Abandon9d 3 7$.5 TBA Tap, Break-in/ Hatmo' Active 10.. H8217 `.. -It -a -11.9 i INL.S Wftwr Loyd... sac 3" END A146 40 WH M, P17 .t Genera .on Thursday. 11111612006.ai.11-03 XPA by tt+B PgmTecW TV ir-spe cHon sys". 5EGMENT T -D: 1028 Vistj--Sewer Clean & Seai, Inc. VtMO Uw RoEJ, P&�Lmmhss, V01 M072 TU'(2= CM WeLr CITY'DF NEW HOPE cll"."Tki 'I mog. W L m 1578 o3swigm."t posw" ofito Job Ej..Umt,3r AVE R AkiH $a -la -H PM sto vrtrw"4circular F I i� 'D pri-C en Fo. v vi., f& =Asifik—J co=,tw Wu -1 Ccurztar are o L ."M'MND-oih, I 230 i234� Tap, Fact44&- ACJM 9 SR"2m MA -2451 UWKC 'I --141;.3 TFA T.*,F9dDq-h!ade;Ax:av0 9 H' 2740 RWTS :-118.4 TFA ToFadoryaL4d . w. Ac" 3 SR:HV4t -47.5 TFA Tap, fmtm-, s-;ac;e:AcWe tR K2748 —37.0 TFA Tap. Fackgy.i.Ladw- Ac" 3 H274G - OJD AWN Access Point - WA-nhoW �ai P25 Generated on rhtfmday, 1111612006 at 11:21 A by the P"TouWTV inspedW systM, mog. cv1s o3swigm."t posw" -ZM-2 AkiH -H PM =2=8 TF A Tap, Fact44&- ACJM 9 SR"2m -2451 UWKC MMOM ChSMV 3ACKTO VGP -209.5 MAX ,Too*%W ChanF TO PVC 19RS TFA: Tom FactolY . MROW, Adke 3 Rw-rs H2733 --141;.3 TFA T.*,F9dDq-h!ade;Ax:av0 9 H' 2740 RWTS :-118.4 TFA ToFadoryaL4d . w. Ac" 3 SR:HV4t -47.5 TFA Tap, fmtm-, s-;ac;e:AcWe tR K2748 —37.0 TFA Tap. Fackgy.i.Ladw- Ac" 3 H274G - OJD AWN Access Point - WA-nhoW �ai P25 Generated on rhtfmday, 1111612006 at 11:21 A by the P"TouWTV inspedW systM, SEGMENIT TD: 1040 visa -Sewed" Clean & Seal -J, lnc,- CRY OF NE W_ HOPIE Va3O M4M steer Rcmd. Pe-smukee. W(I 53on r 'C.%�co 4 v Web­R?mvj visu-w---er-cQm a�r—,J-ri MH Dowfla,04 TV -21-11 _10Y I 1564 J MUM v _j 1L Ylf w MEL sl� Cosa 326 00: Flo Pro-ownm — muck.1c No. 'No. Cc wx g PF 1234 7 —2 FIR— r-W Cc-:ia Dewrh-" 3M 2 AW Access PQW-LhWft" -.315Lp TFA Tao. FackxY 691dw. AOJI* — 3DO WMS WOW UA'01 S$9 -241,8 TFA Tap. F8CtDfYfiIadwAo6W_ 42354 TPA 'rap. FudwyWim; Aothm 4671 TFA Tap, pauwVrz--M:;OAC. wo .1644 -,FA Ts%FsMryAO" -1170 ioM G&MAObse""bm -714 TFA TaP,FBCWY�_'aWACbW -M4 TFA Tap, Facey ;;ade:Amine -0.0 AW.4 AOMMPOW -;u;W� POSERIM QVIL C40WIeW im P16 3 .148324 qC END AT318 9 H83V 3 KW15 9 He= 3 "Me UGiT NO AT WMST JWTS SR HBWi He= is" P11 Genwated on tb,mdaV. 111IN2006 at I'4 -A7 AM by the PiPsTeCW-fV lnsPeWon sy"_- Ili r - r 'l [ Inca CITY F E OP Tel.: (262) 69-5-2340F 695-2M web- vvt-m�visu-swwcom :84:7 TFA Tap, Fadrwt; Wa- Amis 07.1 TFA TW.F8dOrYWAMfe ACKM PF Won Cont cammat ;44 P1./ Z' EM:AT34 g H8=4 9 Ham 1745 TFA Tap. Fackty4vL-- A -e t i6 28a 9 ► vLs W E AT 271 237.1 TFA TEX r -a r mat=e: Awa 3 i 259.2 TPA Tap, Fad(rY;:+ ° Ata 9 H8205 3324 TFA Tap; Focht-, Wad -3: Amts 353:3 6Y&S VftWLovO'SV 354.4 TBA Tap; Bmea t f4wrp?erY Adm 392.8 CM Crac%:a: r -4ti41 ASN Atm Prat io'�a-0)0s - Iii rEf 4D.AT 403 kiH z Hags 7toS M. Pie eraW an Thursday. lit kfsl2ti 6 at 1216 PA by #tae P4SeTeCW-f%," rctspectw sY rn- — s P�j 7 t� 8 Data ii+: r ais Lose n Pft,* -- --- - 26TF6 AVE i+i _ _ � . San *y _. pi SEGMENT TD: 1023 C-ITY OF N-E--Vfv -BO'.PlE viosu,Sewer ciean & Seal., It . ltLOr E CCTV 1rI'230 W!65 4 2UO - f-ak(M.) Q95-2359 { `xa�i jy .., +F # �1fiSIC �T�� ii "'iTJ i ,8.,,._, _V190-PRA—AFE -j tArSi3Lid — r circular Upsumm — -,�-;iota — ►`--�, _� _4 Tom_— _ �T+ — — _ Ao ire-Gf nirr p.. n��.r: � �' 01,40. (� .; 4'3ik_3�s ' — — _ L -- _ ConL W /dry p A � y�j ACCCSS Ei�Ba�/D -197 8 MTA Tap, F �f 12 H2724 -1978 TFA Tap; Fadnry Acde 70 H2773 . a .197S TFA Tap. FaciON .Vjpcjw Adim .4526 TFA TOO, FOCM`y Mme' ACUV8 11 MD H27B5 .r � a 1.1. SR ii27s7 oipm • 0 €3 Am AMMSWW"OdsPett - owmae on Thumday, I III st2R46 at 01.22 PM by the Ptpaeco T V ms i sys%m. i 3 H I SEGMEN f ::D: 1021 . u -sewer Clean & Seat, Inc. MY OF NEW HOPE vaw v, 48-,6 Bt;: -,w Roati, ?i w* Lea, 1�'o 53072 'Web. V gtaa n 1.0,: rw ssi� kFZ ^*fit 61 �vIAGiJH4% Ls7`g'SLiI � 'ulfR IE11A AVG`. FV "��'.� w'Su.'� PX'�.�C�C� � � ���C��� vk.��"L�. �lw�'�� iii -::k �1� i �r:� r�►:�L"�'vi — - 1;ig6K C, y+ 2 ~ GIECi��E:i T1 3 r_ w— ;'� cn,i� �"°Rsr,..$° s�l rtar End Li�" sv �' e• " k u; is 4f 4:36:3 = [ _- [� PF -� — — -- KA _� '0.0 hao GOrW Mk i3 -0.0 Ads'+ Acows fit -x axle -s #9.'1 �h1AdLS KierfevBi.S� 29,0 TFA Tap, FactbrJ carie: Aefim -205.3 ADs x AocM POI -It - W ole '.n"I ica COWL iCOMMM ;iH P35 r Ei` O AT! 97' ROOTS.SR H2725 iiHP34 C,enwWad. on TKndoy, 11116i+d O at 01A5 pi . by the Pjpe'ie*1q N inspedon system. _. _..217.5 IFA T&►, F3cborY its : .=.2 MWLS Waw Level: sw MO vice catrom.umfer ros -259.0 Asia A mPmM- si:,� 3 Fi27tYi i T tWD AT267 i4'H, Pt 3 toperated on ThursdaiY. I V1640% $t 1 ZOG PM by t" PiseTec W TV ins t Ott system. SEIGMENT ID., 1022 _ - 77;7;��� ����� ,may Inc.� su-Sewer Clean A ■ �.RI�®~ "4.x+� �� �� OPE •. • kf!230 M 1 55 Betftsf ROad, Pe:� ceO, "' 72 Tel_: Xn) 2340 - Fs.- (262) 69&2369 vt ub: Y- .visa-sig!Ue:a P. X585 ---- �y -' 4ifi4: r d ��ttiyi 'ps i F 1 .-.R -, �.` ? {:� t - !:4 .A�: .I.v�ri'.+�-:'p - _ _ .. _ ---- --i - — r Aspha .. , f.. '►f_� ,said. •4�:wG269 Yom° 'i�}iA�:.'i-i 143TF L € - NA ftsdlon CCAL Ccx a comm stt MH P34 • 0 0 M --H . Aecess POOL - *"MOM* — %22.6 TFA fade, F ►t-aade: AdN8 2 RO.OTS H2117 .712 TFA .Tap, Factwy Ariadw A� 9 SR H8ti1D a �. -A23.9 TFA Tap, FAY - A 2 H2709 - 1Gf3.1 G+':► C Wataft Chi Sag T PVC 3" END AT181 .163.1 4V & -S WaW t $VM' MCHC TCVCP . • 163 3 pw.§C ;rid Grange * 163.3 JOL Joint Off9d (dGp : _. _..217.5 IFA T&►, F3cborY its : .=.2 MWLS Waw Level: sw MO vice catrom.umfer ros -259.0 Asia A mPmM- si:,� 3 Fi27tYi i T tWD AT267 i4'H, Pt 3 toperated on ThursdaiY. I V1640% $t 1 ZOG PM by t" PiseTec W TV ins t Ott system. SEGMENT ID: 1024 vissu-�szs, awtiver Clean.& Seafs� 111c.. lua! Y Utl r4mvy VM0 PAM Ber&er 9)md._wj:eq, Wil 5�072 I:eL C26?) bWI34U - F= (M) GC -7359 kkteb - 559i 584 L LMMWIT7 —c6"— — — - — — — — — 4q—R—rro�J—A AVE 1 —16 1 fo—o 6 L --j; IV— — — JrL IP2EzImZ Dxqis�mvn �-Vkpfisd c 4— Mo 1:2 NO ns�l bra- 7, m- 81 u —CnL— — Cc tmw M L i- Ka INC. Cce'3k1 7cakka cortL 4 _t14M PZ7 AM M ACOM ?094 WH49 4D TAA Tup. Factm)r i-L7z.dw ACift HZ741 •0,0 TFA Tsth Fader; T-mdo,AdWs 423.9 TrA Tap, -t7actocy .7-3-4 MAC L 73A JOiO :�{charge jG,W ORW jo" L-,Ftw (djwWcee, Medlurn .Access Poirt-:.;AMWW TP Pvc, ZIA' SA= TO VCP M14 P35 C-,.,*od on Ttwmday, I IIIW200& at W -:n PM . by the PoaTld* TV 'Wed -3n SYSW'r" 77,8 JC" :�{charge jG,W ORW jo" L-,Ftw (djwWcee, Medlurn .Access Poirt-:.;AMWW TP Pvc, ZIA' SA= TO VCP M14 P35 C-,.,*od on Ttwmday, I IIIW200& at W -:n PM . by the PoaTld* TV 'Wed -3n SYSW'r" SEGMENT ID: 1026 Visu-Sewer Clean & Sea!, Inc. MW H%M Saw ftad. Pw:vaukc*, W1 53072 Tel.: (2U) WS -2W - Fax- (262) 59,54359 V.Ieb: k-pw-ij vmi-w-:.,er.c= CITY OF NEW HOPE CCTV .-1072 TFA r MH 3 -SR H=1 f 5w 1581 TFA. TO. Facimy'-�A*-ache 9 Job Nunm�w0 2 W.qa. Sandary fill ded .0 XYMM A� 0-1 5; �2 L" 4 R �7� a -Lnw Sga 7 175 ip"K f's'Sgdla N% CL. We.- 2 r4' PF 2 1:50,55 HA �s code Domflom Pcoftion com cd-nwzlivi o.o A;,`H. Avows Point - Manbob nani P33 -9 7 TFA Tap, Fa*q Vale AcUm 3 Km -19-9 TFA Tap. FZCUwy Wjkcjw Active 9 HLYIN .-1072 TFA Tap. F Active 3 -SR H=1 0121,6 TFA. TO. Facimy'-�A*-ache 9 vxw Sf t I I t 7 175.0 Ahhm Access Point - i4whalb 4 P41 C,enwaged on Riday. 1 VIM= at 12.52 N'. by fhe P"TepW TV.rspewm SYsWm. SEGMENT ID: 1025 0723 +,4M , pert ; Wl M72 :. s T W.. (262) 2340 -,= (2U): -235 3 :r�L�Ax S.i y h }wck I •=� 158 _ Ota �–moi i f1712i1�3 _, � �T$+�df.�`►-{ii � � ir`wT.�� : ��i � kt! _ _ _ „_; r fi��(� wacil {---- 1 Y i 1��. i *moi i✓r7Ypch 2A 7 Mc. L-- —s — NA FQ. C Cyst, :: Con:: cc :_� —247.3 t-hrim As .,, SfZ H2 Pomt-'CA9 2 •241.9 ITA Tom; FWoty i+ Ado � S EZ 725 " • iffi.1 1FA Tap Fad > rJe: ewe 3 t#2T24F i •g' 57 €! T A Tia, rY s :fie: PiOW SR. RUDTS 7'17 OR s -93.8 its .1 ROOF,:vi-3ffi. Jc*d AW Al - - •81.9 TfA Tap Farcy 'daft- Acive 3 ROO 1127 3 y -803 RBJ: Vis. 3106 177.2 TF$ TtjNFa*gie=AbWWOr►d lb ROM .tA A W -O_iD ,4 >� A int.- `'Wanhole ie H P33 CA tem 0n Frdai, I jr2M:at 12-34 PW- by ft F:, 6 eco 10 TV irxspaclst SnOwn 6 BIDDER: 'Lo— DOCUMENT 00 4110 BID FORNf 2413 SANITARY SEWER LINING C1TY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope Oty Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, If this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated In the Bidding Documents for the prices and within the titres indicated in this Bid and In accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that- A. hatA. 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 Dai B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site oonditlons 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 Ste (except Underground Fa fltiues) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been Identified In SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 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) ]aid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 0 2013 stantec 1193801857 004110-1 WD FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated tate information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid Is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an Investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigaton and evaluation, and statements made as a result thereof, except for statements that can be shown by dear and convincing evidence to be intentionally false�and made with actual malice. Nothing In this paragraph Is Intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions 0 2013 Stantec 1193981857 004110-2 BID FOR14 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 Tota! Price BASE BID 1 MOBILIZATION LS 1 $ 1"12's -00.Q 0 1 $ k415.On 2 TRAFFIC CONTROL LS 1 $ -2'0-0D'-0-0 I-000-0 3 BYPASS PUMPING LS 1 $ O .070 $--7-000-0 r7 4 SEWER REHABILITATION WITH CIPP, 9" LF '5,710 $ 23. Op $1� 33D•p0 TOTAL BASE BID $ ` 31� _ 0 Q ALTERNATE NO.1 5 TRAFFIC CONTROL LS 1 s --2-5tu-= $___ zsQ.(3C� 5 BYPASS PUMPING LS 1 $ 2-50-00 $_ 7.Sd. o0 7 SEWER REHABILITATION WITH CIPP, 9^ LF 470 $ 2-6-7—S $ 2., 3-31. 5D TOTAL ALTERNATE 1 $ 2 &a'o SUMMARY: TOTAL BASE BID $ TOTAL ALTERNATE NO. 1 TOTAL BASE SID WITH ALTERNATE NO. 1 S S O 0 2013 9tantet 1193801851 004130-3 HD FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 1,+.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The follovdng documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on MA �4 ! 1 2013. Name (typed or printed): By: (Individuars signature) Doing business as: Business Street Address (No P.O. Box Ws): Phone No.: (SEAL) Fax No.. __ - , __ C) 2013 stntm 1.193901857 004110-4 BID FORM A Partnership Partnership Name: By: Name (typed or printed): (Signature of general pa ) Business Street Address (No P.O. Sox Xs): Phone No.: Fax No.: Corporation Name: — (SEAL) State of Incorporation:. IA1 Sce Ms 1 k} , Type (General S .ness, Professional, Service, Limited Uability): � ISEARL1� WEB �S By: wk r, �, (Signature) Name (typed or printed): Mde: _. PRsSlIm Attest (CORPORATE SEAL) g S. SERKre of Corporate Secretary) ETICH C-pRPDR TE S�Ci2LF.T}�l±t-� Business Street Address (No P.O. Box Ws): 1 „ - Phone No.: (7-Ln2.) 645 - ZA40� Fax No.: ? joZ) �oQS ,�w 5 l 0 M13 Stantec i 193801857 004110-5 f1i0 FORM R joint V &nIM ]pint Venture Name: By: Name (typed or printed): Tale: Business address: (Signature of joint venture partner) Phone No.: _ Fax No.: _ ]oint Ven111rer Name: —(SEAL) By: (Signature) Name (typed or print&d): Title: _-- Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicates above). ENO OF DOCUMENT 0 2013 Slantec 1193801957 004110-6 BSD FORM Merchants Bonding Company Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we VisuSewer, Inc., W230 N4855 Betker Drive„ Pewaukee, WI 53072 as Principal, hereinafter called the Principal, and Merchants Bonding Company a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are Feld and firmly bound unto CITY OF NEW HOPE as Obligee, hereinafter called the Obligee, in the sum of FIVE Percent of Amount of Bid - —Dollars ($ 5 %), for the payment of which sura well and truly be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2013 SANITARY SEWER LINING — CITY PROJECT NO. 921 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obiigation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11TH (Witness) James S. Serketich, Corporate Secretary 0 day of JULY 2013 V_isuSewer, Inc. (Principal) (seal) 17 Kefth M. Alexander, President (Title) Merchants Bonding Com an (Surety) Debbra A. Hinkes, Attomey-in-Fact 'NU C' 4g 'PPOq,,1 j,'•.�'q sew J�-RCHAI'�TS = BONDING COMPANYY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint, individually, Charles L Schiltz; Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli of New Bertin and State of WI their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shag not exceed the amount of'. TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS and to bind the Companies thereby .as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the Companies, and all the acts of said Attomey-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -taws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 2.4, 2011. 'The President. Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the. seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. STATE OF IOWA COUNTY OF POLK ss. m� .pgppA 'A'9y; a . 1933 • ••••••••••• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 8y /� President On this 2nd day or March , 2012, before me appeared tarry Taylor, to me personally known, who being by me duly swum did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Maines, tows, the day and year first above written. MARANDA GREENWALT 4,6046 � ,r? a4c4 Commission Number 770312 ��. My Commission Expires October 28, 2094 NctaryPubiic, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss_ I, Wiliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this �t-c day of Tiay_� 2.013 r 4,0 s?03 POA 0014 (1Ill 1) Secretary SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Visu-Sewer, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work Is generally described as follows: rehabilitation of the sanitary sewer by installing cured in-place liner. 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: 2013 Sanitary Sewer Lining for the City of New Hope, Minnesota, City Project No. 921. 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 Me Essence A. All time limits for Milestones, if any, Substantlal Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be Substantially Completed on or before November 15, 2013, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before December 16, 2013. B. Substantial Completion has been defined in the Supplementary Conditions. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4,02 for Milestones and Substantial 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 AGREE O 2013 Stantec 1 193801857 A GREEMENT 0 52 10 - 1 extension thereof granted by Owner, Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on One Hundred Forty -Nine Thousand, Eight Hundred Ninety - Two Dollars and Fifty Cents ($149,892.50) for the Total Base Bid, plus Alternate No. 1. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Paymentg; 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 A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. AGREEMENT FORM © 2013 Stantec 193801857 005210-2 ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data Identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, If any, at the Site that have been identified In the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, Including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer Is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 'J 2013 Stantec 1193801857 AGREEMENT FORM 005210-3 ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4, Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2013 Sanitary Sewer Lining, City Project No. 921. 7. Addenda (Letters A to B, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. AGREEMENT FORM © 2013 Stantec 1193801857 005210-4 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coerdve 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 © 2013 Stantec 1 193801857 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 au.L� 1-5, 2xi t , 2013 (which is the Effective Date of the Agreement). Owner: AddreStIfgvj�g notices: HOPE,NEW 55428 Designated Representative: Name: KIRK MCQONAI -D Title: CITY MANAGER Address: NEW Pkione: Hnpi= h4N 55428 783,853141 Oft- Facsimile:76-q--19-1-5138 0 2013 Stantec 1 193801857 Contractor: Visu-Sewer, Inc. By: V ti tA/t 01-CGA�---_ MUT" rr1. LE.Y',gNpe. PCZES10r=k T XA S S. SE%zKF—TkcH. C0%gP019ATC Addrress for giving notices: S EC.12P-T-AR-Y License No.: (Where Applicable) Designated Representative: Name: q Title: -n l r o 0 Address: 0, 'DR t"jC kW IIS U y'LL- , WT- S 3 o -t Z Phone: CZ. L-2,) I 9 S - -23 140 Facsimile: (2 111) (i ot5 - 23S9 END OF SECTION AGREEMENT FORM 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other Darty shall be considered plural where applicable. CONTRACTOR. (Name and Address): Visu-Sewer, Inc, W230 N4855 Betker Rd. Pewaukee, WI 53072 OWNER (Nares and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Dat fA t 07/25/13 SURETY (Nance, and Address ofPr•inciil�al Place gf'Business): Merchants Bonding Company 2100 Fleur Drive Des Moines IA 50321 e o giceiE]cn . Amount: $149,892.50 Description (Naine and Location). 2013 Sanitary Sewer Lining -City Project No. 921 BOND Bond Number: MNC65108 Date (Not earlier than Effective Date of AgrecWiela t) : 07/25/2013 Amount: $149,892.50 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth this Performance Bond to be duly executed by an autl,=ized officer, agent, or representati CONTRACTOR AS PRINCIPAL Visu-Sewer, Inc. (Seal) Contractor's Name and Corporate Seal By: 1 tiV "fit lC�� Signature- T SURETY Merchants Bonding Company Surety's Name and Corporate By: —PRE $ Title !lttest:Attest: S' ature 'TAMES S. SF_R KpT-1CH y - .. 00 07FIRM Debbra A. Hinkes Print Name Attorney -in -Fact Title Signature Title Note: Provide execution by additional parties, such cis joint venturer e, if necessary. Power of 1933 • s' UC:RC C-610 Nrformance Bond (2007) 11repared by the Ennineers Joint C ontroet Documents Committee. – — _ — V{i {il J3.13 Pngc 7 of 3 — -------- — -- Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Boyd, 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 1.5 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 perforin 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 atter Contractor and Surety have received notice as provided in Paragraph 2.1, and 2.3 Owner has agreed to flay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragrapi 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 perforin 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 f:or a contract to be prepared for execution by Owner olid 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. I\ttel- it vesti ration, determine the amount fcr 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 Bondi 15 days after receipt of an additional written notice from Okvner to Surety demanding that Surety perforin its obligations tinder this Bond, and Owner shall be entitled to enibrce 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 tenninated. 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 fre 1r1it of the aniount of this Bond, but subject to commit rnent by Owner of the Balance of the Contract Price to mitigation of costs And damages on. the Contract, Surety is obligated without duplication for: E.JC:DC C:-610 Performance hand (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional; and delay costs 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 daniages are specified in the Contract, actual damages caused by delayed performance or noir-perConnance of Contractor. 6. Surety shall not be litfble to Owner or others for obligations of Contractor that are unrelated to the Contract, and the CBalauce of the Contract Price shall :jot 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 successons. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. S. Any proceeding, legal or equitable, tinder 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 Bold, 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. 1.0. 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 herefi•onz 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 b=. n made, including allowance to Contractor of arty 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 Delia]f of Contractor under the Contract, 11.2 Contract: The agreement between Owner and Contractor identified oil the signature pale, inchiding all Contract Documents and changes thereto. 11-3 Contractor Default: Failrre of Contractor, which has neither been remedied nor waived, to perform Lel• otherwise to comply with the terns of the Contract. 11.4 Ov4mer Default: Failure of Owner, which has neither been rernedied nor waived, to pay Contractor as required by the Contract or to perforin and complete or otherwise comply with fhe other tenns thereof. FOR INFORMATION ONLY — (Norge, Address and TehVhone) � Surety Agency or Broker: Owner's Rel)resentative (Enghwei- or other jwrtv): € EJCDC C-61 U Performaner Bond (2007) Prepared by the 6nghleers Joint Contract Documonts Comm tfee. 00 61 13.13 Pam 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Addrays): SURETY (Name, and.iddres,s gf'Principal Place of Visu-Sewer, Inc. Business): W230 N4855 Betker Rd. Merchants Bonding Company Pewaukee WI 53072 2100 Fleur Drive OWNER (Name acrd Address): Des Moines, IA 50321 City of New Hope 4401 Xyion Avenue North TRACT 55428 Effective Date of Agreement: 07/25/2013 A]11oUnt: $149,892.50 Description (Alame and Location); 2013 Sanitary Sewer Lining -City Project No. 921 BOND Bond Number: MNC65108 Date (Afo1 earlier than Effiective Dak., of ag)-eemc,17 t) : 07/25/13 Amount; $149,892.50 Modifications to this Bond Form: None Surety and Conti -actor, intending to be legally bound hereby, subject to the terms set forth N cause this Payment Bond to be duly executed by an authorized officer, agent, or tepresentati CONTRACTOR AS PRINCIPAL SURETY Visu-Sewer, Inc. _ (Seal) Contractor' Name and Corporate Sea', By: By: Signature Merchants Bonding Company Surety's Name and Corporate Seal Title Attest: Attest: ature ZYAYniE $• 1`9meTtCK .0p JOING �Vo ' ®'o q9 • 1933 •� • ' (Seal} �`� L Signature (Mach Power of Attorney) Debbra A. Hinkes Pril.t Nanz,: Attorney -in -Fact Title Signature P Title Title !'Vote: Provide execution ky additional parties, such as joh2t >,enwrers, if necessary) EJCDC C-615 Payment Bond (2007) Prepared by the ErtgineLrs Joint Contract Documacrtts Committee. __ 00 61 13.16 rage I of 3__ - _ 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay xor 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, dernands, 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, fox 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 beim; 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 Airnished 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 claire and the name of the party to whose 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 frons 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 I3ond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragr<.ph 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 tine basis for challenging; ;any amounts that are disputed. 6.2 lay 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. S. AmMints 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 Borid, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C,61 5 Paynzrnt Bond (2007) Prepared bytthe 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 oftime, io 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 tae expiration of one year from the date (l) oIl which (he 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 equ1pli-tent were f=urnished 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 hailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient cornpJiance as of the date received at the address shown on the signature page. 13. Wien 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 Conti -actor, 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, nraterials or equipment" that part of water, gas, power, light, ]teat, 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 iteins for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were filrnishcd. 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 Nvaived, to pay Contractor as required by the Contract, or to Perform and complete or otherwise comply with the other terms thereof. FOR INFORMAT.iON ONLY — (Name, 4ddlrms, and Telephone) Surety Agency or Broker: Owner's Representative (T'n TineLr or other): FJCnC C-615 Payment Bond (2007) Prepare(I by lite P.npitteers Joint Contract DOCuttteMS COMMittee. 00 61 13.16 Pave 3 or 3 MERCHANTS BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Charles L Schiltz; Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli Of New &rlin and State of WI their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name. place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TWENTY-FIVE MULLION ($25,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made ana executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeye-In-t=act, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmr!ss on to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, reccpizar,ce. or other suretyship obligatrons of the Company, and such signature and seal when so used sha!1 have the same force and effect as though manually fixed " In Witness Whereof. the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. STATE OF IOWA COUNTY OF POLK ss. •••! �••• .• O�NG CQ. • • 1933 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /-.C-7 President On this 2nd day of March 2012, oetore me appeared Larry Taylor, to me personally known, who being by me duty s,►cmn cid Say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING :NC.: and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa. the day and year first above written. pEMARANDA GREENWALT R Commission Number 770312 My Commission Expires October 28, 2014 Notary Public, Polk County. Iowa STATE OF IOWA COUNTY OF POLK ss. I. William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF. -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness eof, I have hereunto set my hand and affixed the sea! of the Companies on this day 0""Iot POA 0014 (11/11) 2013 ��r• h-1 !0144('4, y a X OR-4j,�m�i� _���. 2C►?3 •�cxi Secretary 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 Laves and Regulations. STANDAR:1 GENERA -1., CONDITTEGNS OF THE CONSTRUCT-f-FION CONTDRA,"C-T Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by .. C E k-Fucv-CI -(',IL [*<[.G-.-MgGQ-AM -:ES ORI American SocietywMCE of Civil Engineerszers (Mm - taxers-- __- In Prtvate Practice 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 Standsrd General Conditions of the Construction Cuntraet Copp fight Q 2007 National Society orproressional 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-52.0 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Continents 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 Q 2007 National Society of Professional Engineers 1420 Kang Street, Alexandria, VA 22314-2794 (703)684-2882 www.me.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.orz American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 201.91-4400 (800) 548-2723 www.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.aQc.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. 007205 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. S 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 Physical Conditions and ................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points 4.06 ............................................................................................................... Hazardous Environmental Condition Site 14 at ...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application. of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Fgineers for EJCDC. Ail rights reserved. Pagei 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... Replacement of Engineer................................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... Furnish Data..................................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... Pay When Due.................................................................................................................. 23 6.04 Progress Schedule............................................................................................................. Lands and Easements; Reports and Tests........................................................................... 23 6.05 Substitutes and "Or-Equals"......................................................................I....................... Insurance.......................................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ Change Orders.................................................................................................................. 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 Inspections, Tests, and Approvals..................................................................................... 6.09 Laws and Regulations.......................................................................................................28 Limitations on Owner's Responsibilities............................................................................ 6.10 Taxes.... ....... ........... ........................................... ................................... .................... 28 6.11 Use of Site and Other Areas.............................................................................................. Evidence of Financial Arrangements................................................................................ 28 6.12 Record Documents......... ................................................................................................... Compliance with Safety Program....................................................................................... 29 6.13 Safety and Protection........................................................................................................29 6.14 Safety Representative........................................................................................................30 6.1.5 Hazard Communication Programs.....................................................................................31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples.............................................................................................31 6.18 Continuing the Work.........................................................................................................33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 standard General Conditions of the Construction Contract Copyright V 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page it 00 72 05 37 8.02 Replacement of Engineer................................................................................................... 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 37 8.08 Inspections, Tests, and Approvals..................................................................................... 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements................................................................................ 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 standard General Conditions of the Construction Contract Copyright V 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page it 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative.. . ................................... ....................................... ........................ 39 9.04 Authorized Variations in Work. ......................................................... ....... ....................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments .................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.. .......................................................... - ............................. _ 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.0 1 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays...............................................................................................................................48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values- ........... ............................................................................................. 53 14.02 :Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection.................................................................................................................58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 E.ICDC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National Society or Professional Engineers for E dCDC. All rights reserved. Paee of 007205 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 Terniinate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and. Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice....................................................................................................................62 63 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 17.04 Survival of Obligations...................................................................................................... 63 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... E JCDL C-700 Standard General Condition of the Construction Contract Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Passe is 00 ;2 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. I 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. 5. Bidder—Tide individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed. Contract Documents (including all Addenda.). 8. Bidding Requirements --The advertisement or invitation to bid, [instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order --A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i of 62 00 72 05 1.2. Contract Documents --Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and. (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment- IS. ayment-1S. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost af'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 v 2007 National Society of Professional Engineers for EJ+CDC. All rights reserved. Paize 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 Contrat✓i nr shall start to perform the Work under the Contract Documents. 29. Dimer 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. Sample. ---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 C> 2007 National society of Professional Engineers for EJCDC. AM rights reserved. Pate 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 Workand 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 thereon 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 thereon can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of. the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Condition.—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such E.ICDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for IEJCDC. All rights reserved. Paze 4 of 62 00 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: I . 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 meek 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. Ali rights reserved. Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Per form, 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," "performi," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insuran-ce 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 ran 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 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pau 6 of 62 00720-S 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 Workat 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 V 2007 National Society of Professional Engineers for EJCDC. All rights reserve& Pane 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. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, there Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in :Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof: B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 standard General Conditions of the Construction Contract Copyright �b 2007 National Society of Professional Engineers for EJCDC- All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification_ 3,05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written. verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long terra 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 0700 Standard General Conditions of the Construction Contract Copyright t=i 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 10 of fit 00 72 05 ARTICLE 4 -- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDI T TONS; 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 fimiish 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. 4.42 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. E.lCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society of Professional Engineers for EJCDC. Ali rights reserved. Page 11 of 622 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 0700 standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for ESCDC. All rights reserved. Pace 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 fimiished 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.• 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An. equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorised.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. EJCBC C-708 Standard General Conditions of the Construction Contract Copyright (, 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of fit 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption. of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claire therefor as provided in Paragraph 10.05. E 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 1JCDC 0-700 standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for i JCAC. AN 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 there 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 1.3.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.013, 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 E.TC`DC C-700 Standard General Conditions of the Construction Contract Copyright @j 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page ] 6 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. 5.43 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. E. 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. 5.44 C'ontractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright iii 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for .damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall. be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, andsubcontractors 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pate 18 of 62 00 72 05 5.05 Owners Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own Liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property :insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom. is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3, include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and T be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for ETCDC. Ali 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. RJCDC C700 standard General Conditions of the Construction Contract Copyright V 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pam 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out o% 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 daring 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 5.07.13 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 5.08.8. 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 012007 National Society of Professional Engineers for EJCDC. 411 rights reserved. Psee 21 of 52 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the :insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTi'i.CLE 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. LrJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright C� 2007 National society of Professional Engineers for EdCDC. All rights reserved. Paee 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 adiusted 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 willnot 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 Equal. " A. Whenever an item of material or equipment is specified or described hi 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 k) 2007 National society of Professional Engineers for EdCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "'or -equal"' item under Paragraph 6.05.A.1, it will be considered a proposed substitute item b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard Cenral Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for L CBC. All rights reserved. Pace 24 of 52 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will :require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repay, 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. 13. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National society of Professional Engineers for EdCDC. Ail rights reserved Pale 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. if the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual. or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shalt be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fimlishing 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 h JCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fens 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 i JCDC C700 standard General Conditions of the Construction Contract Copyright U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Prise 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 Lam and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laves 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 trice 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 U.se of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 national Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by :Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris Dining 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 UCI)C C-700 standard General Condition of the Construction Contract Copyright Cp 2007 rational Society of Professional Engineers for EJCDC. All rights reserved. Pane 29 of 62 007205 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 allnecessary 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 Ovaier'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 untii 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 0700 Standard: General Conditions of the Construction Contract Copyright b 2007 National Societe of Professional Engineers for EJCDC. Ali rights reserved. Pane 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection. of persons or the Mork 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 6.17.1). B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related. Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright & 2007 National society of Professional Engineers for EJCDC. All rights reserved, Page 31 of 52 00 72 05 C. Submitral 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. detennined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 standard General Conditions of the Construction Contract Copyright b 2007 National society of Professional Engineers for EJCDC. Ali 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: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not :in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer, 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by :Engineer, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 5.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall inderrnii.fy 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 maybe 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. EdCDC C-700 standard General Conditions of the Construction Contract Copyright U 2007 National society of Professional Engineers for EJCDC. Ali rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required. of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only .for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents, ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Delated 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, thein: 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 maybe 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 0700 Standard General Conditions of the Construction Contract Copyright �0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with t7nntrarMr's Wnrk 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 7.0LA 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 S — 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 E CDC. 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 "en Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.0. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining Liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright mei 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.46. 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 STA'T'US DURE"NG CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed. Work. Based on information obtained. during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for LJCDC:. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will fiunish 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 Tunes 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 Payment's A, In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright b 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 thern. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform. the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright & 2007 National Society of Professional Engineers for ETCDC. 411 rights reserved. Page 40 of 52 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. 3.10 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 program of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 1.0 — CHANGES 1N THE WORK; CLAYMS 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: EJCBC C-700 Standard General Cond"dions of the Construction Contract Copyright Cr 2007 National Society of Professional Engineers for E-JCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.1.8.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 Decbion Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of 'Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C•700 Standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing 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 Claiul, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied_ E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11. — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of'the &fork A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in. Paragraph 11.01.13, necessarily :incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change "in the Work or because of the event giving rise to the Claim Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 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 shalt 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. E.ICDC 0700 Standard General Conditions of the Construction Contract Copyright k, 2007 National Society of Professional Engineers for EJCDC. -Ali rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and. Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. S. 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 Q 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of thein 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. I Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 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 11.0 LA. I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.O1.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 standard General Conditions of the Construction Contract Copyright G 2007 Nations; society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 007205 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract .Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such. persons or entities as maybe 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 46 of 62 007205 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if - 1. f 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and. 2, there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTYCLE 12 — CHANGE OF CONTRACT PRICE.; CHANGE OF CONTRACT TBMS 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim. for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.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 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C, Contractors Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fined fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0l .A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright G 2067 National society of Professional Engineers for EJCDC. All rights reserved. Pate 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and I LO1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Tinges A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A_ Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 standard General Conditions of the Constrnetion Contract Copyright ® 2007 National society of Professional Engineers for EdCDC. All rights reserved. Page 48 of 62 7205 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 Tunes. Such an adjustment shall he 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 YNSPECI-TONS; COiL EECTYON, REMOVAL OR ACCEPTANCE GF 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. 1.3.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them. of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03,13 below; EJCDC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National socieh, of Professional Engineers for EJCDC. AN rights reserved. Page 0 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. [f 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 0 2007 National society of Professions) Engineers for L CDC. All rights reserved. Pace 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 oJ'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). E. 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 terns 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. F TCDC C-700 Standard General Conditions of the Construction Contract Copyright U 2007 National society of Professional Engineers for EJCDC. Ali rights reserved, Page 51 of 62 DAFIMEIR 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 Workwill 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 1.3.07 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. lf, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pave 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 — PA"'---ENTS TO CONTRACTOR AND CCMPLE.TION 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 ConditUns of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 53 of 52 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 Ci 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pale 54 of 52 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in. accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment. 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishnig of the Work; F-JCDC C-700 standard General Conditions ofthe Construction Contract Copyright C 2007 National Society of Professional Engineers for EJUDC. All rights reserved. Page 55 of 62 007205 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C. I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Workto determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between. Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on. Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately f motioning 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 anytime 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 5.1.0 regarding property insurance. F TCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EdCDC. 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: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record. documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by. a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be tiled; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in. any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien B. Engineer's Review of Application and Acceptance: 1. if, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for ESCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become clue and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A.If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph. 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from C nntrnrtnr'c 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 E TCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. M rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK. AND TERMMATILON 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 my, after giving Contractor (and surety) szeven days written notice of itq intent to terminate the services of Contractor: exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.11, 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. Ali rights reserved. Page 60 of 62 007205 remedies under this Paragraph, Owner shall not be required to obtain the Iowest 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 15.02.0. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, E.JCDC 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 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 1.0.05 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. AR'T'ICLE 1.6 -- 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 10.05.0.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 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 EJC`DC C-700 Standard General Conditions of the Construction Contract Copyright ib 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 limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in. which the Project is located. 17.05 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 of the Construction Contract Copyright U 2007 'National society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 SECTIOM 00 73 05 SUPP'LEIFA.E.ATARY COWDITIIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC' added thereto. ARITLE'CLE 1- DEFINITIONS AND T 1=Z 41_1 XOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: 1. The sanitary sewer cured in-place lining has been completed. 2. The City has received the pre and post televising videos, reports, images, and identification spreadsheet. 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 - PRELIXIMARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Invitation for Quotes. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. A-FIX4 — AVAILABILITY OF LANDS; ECU SURFACE ARD PHYSICAL CCMITIOKS; FJZhRDGUS EWTIRCP'Fi:ENTAL COMDMCHS; REFERENCE P31RTS SC -4.02 Delete Paragraphs 4.02.A and 4.02.6 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.06.8 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not used. SUPPLEMENTARY C'oNLiMONS © 2013 Stantec 1938018x7 007305-1 ARTICLE 5 - BONDS AN,D INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EICDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.6: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.6.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire SUPPLEMENTARY COMMONS © 2013 Stantec 1193801857 007305-2 Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.060 of the General Conditions. ARTICLE 6 - CO a M CTOWS n ESPFNISIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney`s fees included in bringing the action. L Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. in the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of in the second sentence. SUPPLEMENTARY COIDMONS O 2013 stanter 1193801857 007305-3 ARTICLE 10 - CHANGES IM THE W. ORK; CLAIMS SC -10.05.6 Amend the first sentence of Paragraph 10.05.6 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.053 by replacing the words "60 days" with the words "30 days." ARTICLE 11- COST OF THE WORK; CASH ALLOWIANCES; UR'IT PRICE WORK SC -11.03 Delete paragraph 11.03.D in its entirety and insert the fallowing 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 WSPECTIORS; CORRECTION, REM -OVAL OR ACCEPTAWCE 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 - PAYMER.TS TO CONTRACTOR AHD COMPLETION SC -14.02.65 Add the following new item immediately after Item 14.02.B5d: 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 10.05.03 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01..0 and 16.01.6, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. SUPPLEMENTARY CONDMONS © 2013 Stantec 1193801857 007305-4 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 -15.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or Consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any Court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. Elia DEQ SECTIGH SUPPLEMENTARY CONDMONS fl 2013 5tantec , 193801857 007305-5 SEC 713ii9 01 10 00 SL i0.1tiAARY BART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2013 Sanitary Sewer Lining for the City of New Hope, Minnesota, City Project No. 921. B. Description of Work: Project consists of rehabilitation of the sanitary sewer by installing cured in-place liner. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction small be confined to the pavement surface between the manholes of the sewer segment(s) being lined. 2. Contractor shall assist and provide Owner access to the construction area for snow removal and disposal if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Residents shall have access to all side streets and driveways at all times. 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. SUMMARY d 2013 Stark 1193801857 011000-1 3. No work on Sundays or Holidays. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. E'MD OF SECTION t 2013 Stantec 1193801857 011000-2 SF.C T 10K 01. 20 ©0 PUCE A►ID PAYi EHT iPROCEDURES PART 1 GEFIERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1— Add to Total Base Bid 1. In general, the Work of this Alternate No. 1 includes additional rehabilitation of sanitary sewer by cured in-place lining. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. PRICE AND PAYMENT PROCEDURES © 2013 SWntec 1 193801057 01 2000 -1 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PQM AND PAYMENT PROCEDURES © 2013 Stark 193801857 012000-2 SECT 10W.' C 3t Qo R1-1031`�*CT IfANr GE dEia' i AND %CCCRD1N-AT1CW PART 1 GEMERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call (GS0Q before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with all utility owners. All existing utilities are not shown on the Drawings. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. PROJECT MANAGEMENT AND COORDINATION 0 2013 SWntec 1 1.93801857 013100-1 Z. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. C. Progress Meeting Procedures 1. Engineer may schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. EKD OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2013 5tanbec 1193801857 013100-2 SECTICK, 01 33 00 SUS;iAETTAL P�0ClEDIi rRES PART 1 GEWEIRAL 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. Ail Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS PKIT 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 8.5 inch by 11 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Provide space for revisions and notations. 3. Identify interrelations between activities. 4. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. SUBMITTAL PROCEDURES p 2013 Stantec 1193&01857 013300-1 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved"— Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated try the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery Dlus 15 -percent mark-up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. SUBMITTAL PROCEDURES © 2013 Stanbec 193841857 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. EWD OF SECTIOK SUBM1TfAL PROCEDURES © 2013 Stanbec 1193801857 013300-3 SECTION" G2 r;.© QO QUAL3TY XEQZ;-`RE:iXEWTS PART f GEMER LL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made W the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Laboratory test results or analysis. B. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. © QUALITY REQUIREMENTS 2013 Stantec i 193801857 014000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.09 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS Q 2013 Stantec 1193801857 014000-2 s9ECT10K 026 50 00 TEVP0itARY FACILTTI:ES A640 COWTZOLS PART 1. GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following-. 3. 4. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to fumishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. All other Work and costs of this Section shall be incidental to the Project and included in the Taal Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (Mn DOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Feld Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. TEMPORARY FACILMES AND CONTROLS © 2013 Stantec 1 153801857 01 50 00 -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 A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to fumishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. All other Work and costs of this Section shall be incidental to the Project and included in the Taal Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (Mn DOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Feld Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. TEMPORARY FACILMES AND CONTROLS © 2013 Stantec 1 153801857 01 50 00 -1 PART 2 PRODUCTS Not Used. PART 3 EXECUTI[ON 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Notify Owner when and which hydrants will be operated during construction. 3. Owner will pay for the costs of the water. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.04 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. 3.05 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. TEMPORARY FACILMES AND CONTROLS © 2013 Stark 1193801857 0150 Q0 - 2 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehides 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. 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 travelers roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification 3845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 31318. C. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times, d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting mads and streets. h. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. L Contractor shall remove traffic control devices at the conclusion of each working day. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a, A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b, Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures, TEMPORARY FACiLMES AND CONTROLS O 2013 5tantec , 193801857 015000-3 c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. The Contractor shall furnish qualified fiagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Feld Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call` 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.07 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. EMD OF SECTION TEMPORARY FACILITIES AND CON —i ROLE ® 2013 5tanbac 1193801857 015000-4 SEC710H Os. 70 00 EXECl 11QEI REQUIRE EHTS FART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. S. Instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 5. 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. EXEOMON REQUIREMENTS © 2013 Stantec 1 193801857 0170 GO -1 B. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Protect hazardous work areas and hazardous material storage areas. B. Protect trees, unless specifically indicated on Drawings. C. If necessary, clean streets with mechanical street sweeper. D. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1(800) 657-3594. They are also available on their website: www. revenue. state.mn.us, or via email at withhol ina.tax0state.mmus. END OF SECTION EXECUTION REQUIREMENTS © 2013 Stanbec 1 193801857 017000-2 SECTMR 33 01. 38 PIPE REXK-31LITATI0H BY CURED -1H -PLACE -CREPE (C*PP) 1.01 SECTION INCLUDES A. Rehabilitation of deteriorated and leaking gravity pipe sections by installation of a thermosetting resin impregnated flexible felt fiber tube into a cured -in -place -pipe (CIPP). B. Related Sections 1. Section 33 08 31- Sanitary Sewer Televising, Cleaning and Inspection. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Sewer Rehabilitation With CIPP. Measurement will be per each liner installed in place per diameter. Payment will constitute full compensation for all work and costs to furnish and install the liner complete in place, including cleaning, line clearing, dewatering, sealing the liner at the ends, service reconnects, testing, and pre -and post -installation television inspection and all other work associated with this Bid Item. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid, 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. D638 - Test Method for Tensile Properties of Plastics. 2. D790 - Test for Flexural Properties of Plastics. 3. F1216 - Rehabilitation of Existing Pipelines by the Inversion and Curing of a Resin Impregnated Tube. 1.04 SUBMITTALS A. Manufacturer's certification of compliance. B. License of certificate verifying manufacturees/licensor approval of installer. C. Construction Sequence. D. Product data and manufacturer's recommended Installation procedures. E. Cure summary after the approved curing schedule is completed. F. Installer Completed Project List Which Includes: Project name, the number, total length and locations of inversions installed to date, and the names and phone numbers of the facility owners. PART 2 PRODUCTS 2.01 CURED -IN-PLACE PIPE MATERIALS A. Felt Tube: 1. The tube shall be supplied by the system licensor conforming to ASTM F1216. 2. The tubing shall be properly sized to the diameter of the pipe and the length of the pipe to be rehabilitated and be able to stretch to fit irregular pipe sections. PIPE REHABILITATION BY CURED -TN -PEACE -PIPE (CIPP) O 2013 Stantec 1 193801857 330138-1 3. Physical Characteristics: a. Cured Pipe Physical Strength: Property ASTM Vinyl Ester Polyester Filled Test System System Polyester Method System Flexural Strength D790 5,000 psi 4,500 psi 4,500 psi Flexural Modulus D790 300,000 psi 250,000 psi 400,000 psi (Initial) Flexural Modulus D790 180,000 psi 125,000 psi 200,000 psi (50 year) 4. The felt tubular material shall be lined on 1 side with a translucent waterproof coating, such as polyurethane, polyethylene or polyvinylchloride (PVC), and be fully impregnated with a liquid thermosetting polyester or vinylester resin and catalyst system compatible with the inversion process. S. No materials shall be included in the tubes which are subject to delamination in the cured QPP. 6. The layer of the cured QPP shall be uniformly bonded. It shall not be possible to separate any 2 layers with a probe; nor shall separation of the layers occur during testing performed under the requirements of this Specification. B. Resin/Catalyst: 1. The liquid thermosetting resign used to impregnate shall be polyester, vinyl ter, or epoxy resin compatible with the approved liner and a compatible catalyst system. 2. The resign shall not contain fillers or additives, except those required for viscosity control, fire retardant, modulus enhancement, chemical resistance, or extension of pot life. 3. Thixotropil agents that will not interfere with visual inspection may be added for viscosity control. C. Structural Requirements: 1. The CIPP thickness shall be calculated and designed based upon the following physical condition of the existing pipe to be rehabilitated: a. All pipes shall be considered partially deteriorated. b. All pipes shall be subjected to soil load of 120 lbs./cu. ft. with applicable live lead and water table below the top of the ground. c. All pipes shall have a minimum of 2 -percent ovality in the circumference. d. Any pipelines running under highways, city streets, or other roadways shall be assumed to carry highway live loads of (16,000 lbs.). 2. Conditions may change after the TV report for later case by case design calculations. PART 3 ExECUTIOM 3.01 PRE -INSTALLATION PROCEDURES A. Remove roots and clean existing pipe by removing interior debris by bucketing, jetting, or other appropriate methods before the pre -installation television inspection at a cost incidental to the Project. See Section 33 08 31 for televising, cleaning and inspection requirements. B. Inspect existing sewer pipe by remote TV camera immediately before installation to locate breaks, obstructions, and defects. Allow the Engineer to review N inspection DVDs. Verify whether service wyes and connections are active with pan and tilt TV camera inspection. C. Provide for flow of sewage around the sections of pipe to be rehabilitated. D. Clear line of obstructions. Obstructions may include but not necessarily be limited to solids, dropped joints, protruding service connections, or collapsed pipe. PIPE REHABILRATI©N BY CURED -IN -PLACE -PIPE (QPP) O 2013 Stantec 1 193801857 330138-2 3.02 RESIN IMPREGNATION A. The Contractor shall designate a location where the felt tube will be impregnated. B. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. C. Impregnate tube prior to installation. The Engineer shall be advised of time and location of vacuum impregnation and shall be allowed to witness procedure, unless impregnation is completed offsite. Contractor to provide 24-hour notice before Work is to begin. 3.03 INVERSION USING HYDROSTATIC HEAD A. Insert impregnated tube through manhole by means of an inversion process. Insert tube into the inversion standpipe with impermeable plastic membrane side out. Turn tube inside out at the lower end of the inversion standpipe and attach to the standpipe to create a leak proof seal. Apply hydrostatic head sufficient to fully extend tube to termination point. Adjust the inversion head to be of sufficient height to cause the impregnated tube to invert from manhole to manhole and hold the tube tight to the pipe will produce dimples at side connections and flared ends at the manholes. Use lubricant as necessary. B. Care shall be taken not to overstress the felt tube at the elevated during temperatures which may cause damage or failure prior to cure. 3.04 CURING USING CIRCULATED HEATED WATER A. After the inversion process is completed, the Contractor shall supply a suitable heat source and water throughout the section to uniformly raise the water temperature above the temperature required to affect a cure of the resin. The resin/catalyst system manufacturer shall recommend the temperature. B. The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the layers of the impregnated felt tube in the upstream, downstream, and intermediate manholes to determine the temperature during curing. C. Water temperature in the line during the curing period shall be as recommended by the resin manufacturer. D. Initial cure may be considered complete when the exposed portions of the felt tube pipe appear to be hard and the remote sensing device indicates the temperatures to be adequate as recommended by the resin/catalyst system manufacturer. E. Curing using steam rather than using heated water is acceptable. Precautions should be taken to supply sufficient steam pressure, to minimize steam condensation resulting in water build-up in the inside bottom of the resin liner being cured or as an alternative provide for the discharge of the condensate through a small tube inserted at the low point of the resin liner. 3.05 COOLING DOWN A. Cool the hardened cured in place pipe to a temperature below 100 degrees F before relieving the water column: PIPE REHABILUATION BY cuRED-m-PLACE-PIPE (app) p 2013 Stantec 1 193801857 330138-3 1. Cool water may be added to the water column while draining hot water from a small hole at the end of the cured in place pipe so that a constant water column height is maintained until cool down is completed. B. Careful attention shall be taken not to cool too quickly to eliminate the possibility of thermoshock. 3.06 SERVICE CONNECTION A. After curing reconnect existing services: 1. Service reconnects must be accomplished as soon as possible, and within a minimum of 24 hours of beginning the inversion process. 2. Maintain sanitary sewer service during the installation process. B. Reconnection shall be done without excavation from the interior of the pipe by means of a television camera and a cutting device that reinstates the service to not less than 90 percent of their original capacity: 1. The Contractor shall certify that there is a minimum of 1 complete working unit plus spare key components on the site before each inversion. 3.07 FINAL/FINISH A. The liner shall make a tight seal at the manhole opening with no annular gaps. This procedure shall be completed before proceeding to the next manhole section. B. The finished pipe shall be continuous over the entire length of the sewer section. The finished liner shall tightly conform to the walls of the existing pipe. C. No gap or annular space between the finished liner and the host pipe shall be allowed or be visible at the manhole, sewer service connection, or other exposed points within the finished liner section. 3.08 QUALITY CONTROL A. Televise interior of pipe after completion of work and provide submittals to Owner as described in Section 33 08 31. B. Test samples of the cured material for physical strength specified herein before a sample will be taken from the wet out tube, clamped between flat plates, and cured in the down -tube. C. All CIPP pipes should be tested using an exfiltration test methods where the CIPP is plugged at both ends and filled with water. This test should take place after the CIPP has cooled down to ambient temperature. This test is limited to pipe lengths with no service laterals and diameters of 36 inches or less. The allowable water exfiltration for any length of pipe between termination points should not exceed 50 U.S. gallons per inch of internal pipe diameter per mile per day, providing that all air has been bled from the line. During exfiltration testing, the maximum internal pipe pressure at the lowest end should not exceed 10 ft (30 m) of water or 4.3 psi (29.7 kPa), and the water level inside of the inversion standpipe should be 2 ft (0.6 m) higher than the top of the pipe or 2 ft (0.6 m) higher than groundwater level, whichever is greater. The leakage quantity should be gaged by the water level in a temporary standpipe placed in the upstream plug. The test should be conducted for a minimum of 1 hour. END OF SECTIOK PIPE RENABILrrATION BY LURED -IN -PLACE -PIPE (OPP) O 2013 Stantec 1193801857 330138-4 SECTIOM- 33 08 31 SA1tt!ITARY SEIWER TELEVIS]ERG, CLEA.it'ZMG f FFD IVISPECTI014 PART 1 GEhlERAL 1.01 SUMMARY A. Section Indudes 1. Sanitary sewer cleaning, televising and inspection of pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 0138 — Pipe Rehabilitation by Cured -In -Place Pipe (CIPP). 1.02 PRICE AND PAYMENT A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. 2 mpies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. 2. Electronic Copies: Televising reports shall be submitted in pdf format. One pdf shall be created for each section of pipe located between two manholes. Each report shall be named with a number matching the City's pipe identification number. The identification number for each section of pipe shall be provided to the Contractor on the Drawings or at the preconstruction meeting. 3. Identification Spreadsheet: Provide in Microsoft Excel format with the city's pipe identification number for the pipes that were cleaned and lined. Individual televising reports, images, and video must correspond to the pipe id. A sample spreadsheet cab be provided by the City upon request. 4. Any images taken must be provided to the City in .jpeg format or a format that is approved by the City. 5. Reports and video shall be provided for both pre- and post -installation televising inspection. PART 2 PRODUCTS Not Used. PART 3 EXECUTIOIR 3.01 EXAMINATION A. Commence televising only when pipe and structures are clean and free of dirt or outer foreign matter. SANITARY SEWER TELEVISING, CLEANING AND INSPEMON O 2013 Stantec 1193801857 33 08 31 -1 3.02 SANITARY SEWER TELEVISING A. General 1. Televising shall be performed on all gravity sanitary sewer lines that will be rehabilitated using cured -in-place pipe (CIPP). 2. Format — The video will be submitted in a DVD format with both audio and video. 3. Camera — The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each Wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 4. Rate — The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH-#, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service Wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine upstream and down doghouses for water tightness.. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sag in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each wye or service tap location with station and orientation (Example: wye right, 3 o'clock). 7. Note direction of flow using cardinal / ordinal directions. 8. The complete report and DVD shall be submitted to the Owner/Engineer within 14 days after the completion of the televised segments. 9. Include color photos/images of defects in the written report. E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. 3.03 SANITARY SEWER CLEANING A. Cleaning Equipment 1. Hydraulically propelled equipment. SANTfARY SEWER TELEVISING, CLEANING AND INSPECTION © 2013 Stantec 1193801857 33 08 31- 2 a. Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapse at any time during the cleaning operations to protect against flooding of the sewer. b. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. c. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. 2. High -Velocity Jet (Hydro cleaning) Equipment. a. All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. b. The equipment shall have a selection of two or more high -velocity nozzles. c. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. d. Equipment shall include a high -velocity gun for washing and scouring manhole wails and floor. e. The gun shall be capable of producing flows from a fin spray to a solid stream. f. The equipment shall carry its own water tank, auxiliary engines, pumps and hydraulically driven hose reel. 3. Mechanically Powered Equipment. a. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. b. Machines shall be belt operated or have an overload device. c. Machines with direct drive that could cause damage to the pipe are not permitted. d. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. e. The rod shall be specifically heat treated steel. f. The machine shall be fully enclosed and have an automatic safety clutch or relief valve. B. Cleaning Precautions 1. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. 2. When hydraulically propelled cleaning tools or tools which retard the flow in the sewer lines are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. The Contractor will be fully responsible for any property damage caused by the cleaning operations. 3. When possible, the flow of sewage shall be utilized to provide the necessary pressure for hydraulic cleaning devised. 4. When additional water from fire hydrants is necessary to avoid a delay in normal work procedures, the water shall be conserved and not used unnecessarily. Contact New Hope Public works to obtain meter. No charge will be associated for water use. 5. No fire hydrant shall be obstructed in cast of a fire in the area served by the hydrant. C. Sewer Cleaning 1. The cleaning of the sewer lines shall begin upstream and work downstream. 2. The sewer manholes sections shall be cleaned using hydraulically propped, high velocity )et or mechanically powered equipment. Selection of the equipment shall be based on the conditions of lines at the time the work commences. 3. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. 4. If cleaning of an entire section can not be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning shall be attempted again. 5. If sucressful cleaning from both manholes can not be completed, the Contractor shall contact the Engineer. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION Q 2013 Stantec 193801857 33 08 31- 3 D. Root Removal 1. Roots shall be removed completely where root intrusion is a problem. 2. Any roots which could prevent the seating of the packer or could prevent the proper application of chemical sealants should be removed. 3. Procedures may include the use of mechanical equipment such as rodding machines, bucket machines, and winches using root cutters and porcupines and equipment such as high -velocity jet cleaners. E. Chemical Root Treatment 1. Chemical root treatment may be used at the option of the contractor to aid in the removal of roots in manhole sections. 2. The application of the herbicide to the roots shall be done in accordance with the manufacturer's recommendation and specifications in a manor to preclude damage to the surrounding vegetation. 3. Any damage to the vegetation shall be repaired at the Contractors expense. 4. All safety precautions as recommended by the manufacturer shall be adhered to concerning handling and application of herbicide. F. Material Removal 1. A11 sludge, dirt, sand, rocks, grease and other solids or semisolid material resulting form cleaning operations shall be removed at the downstream manhole of the section being cleaned. 2. Passing material from manhole section to manhole section, which could cause line stoppages, accumulation of sand in wet wells, or damage to pumping equipment, shall not me permitted. G. Disposal of Material 1. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the contractor. 2. All materials shall be removed form the site no less often than at the end of each workday. Under no circumstances will the contractor be allowed to arriimiilate dahris on the site of work. ri, Final Acceptance 1. Acceptance of sewer line cleaning shall be made up on successful completion of the television inspection and shall be to the satisfaction of the Owner. 2. If TU inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to re -clean and re -televise the sewer line until cleaning is shown to be satisfactory. 3.04 SEWER FLOW CONTROL A. When sewer line depth of flow at the upstream manhole of the manhole section being worked in is above the maximum allowable for television inspection, the flow shall be reduced to the level shown below by operation of pump stations, plugging or blocking of the flow or by pumping and bypassing of the flow as specified. B. Depth of flow shall not exceed that shown below for the respective pipe sizes as measured in the manhole when perfbor ing television inspection. Maximum De th of Flow for Televising 12" - 24" Pie 25% of pipe diameter 27" & up Pi2g 30% of pipe diameter SANITARY SEWER TELEVISING, CLEANING AND INSPECTION C 2013 Stantec 1193801857 33 08 31- 4 C. Plugging or Blocking 1. Perform bypass pumping as need to complete the work. 2. A sewer line plug shall be inserted into the line upstream of the section being worked. 3. The plug shall be designed so that all or any portion of the sewage can be released in acoordance with the Engineer, 4. During TV inspection, flow shall be reduced within the limits specified above. 5. After the work has been completed, flow shall be restored to normal. D. Pumping and Bypassing 1. When Pumping and bypassing is required the Contractor shall supply the pumps, conduits and other equipment to divert the flow of sewage around the manhole section in which work is being performed. 2. The bypass pump system shall be of sufficient capacity to handle existing flow at peak flow times. 3. The Contract shall be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypass pumping system. If pumping is required on a 24-hour basis, engines shall be equipped in a manor to keep noise to a minimum. E. Flow Control Precautions 1. When flow in a sewer line is plugged, blocked or bypasses, sufficient precautions must be taken to protect the sewer lines from damage that might result from surcharging. 2. Precautions must be taken to insure that sewer flow control operations do not cause flooding or damage to public or private property be served by the sewers involved. END OF SECTION SANITARY SEWER TELEVISING, CLEANING AND INSPECTION 0 2013 Stantec 1 193601857 33 08 31- 5 PUBLIC F t f rt :rl r 1 {` •, 'r _ ..� ,'-�` uL-A 11L ,, .il _�.– _ ,— _rte :"j' }L� 1 r4 1 r-- HAU I / . 44 Ir s z - r ..: ul.'�.� 3F ���• :, ��,�,' � 1: a ,_ 1. I o r E 7 ij 12 r T rff L- 7ON Ai L- J, NOL' -06)1 27TH Ave (MEDICINE LAKE RD) 27TH AVE N PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2013 SANITARY SEWER LINING 193801857_RG1.dwg DATE: MAY 2013 COMM: 193801857_FIG1 0 I= 2500 5gatp to 1Ekek – ........ .. 7" . . ..... J­ 1562 (P5) RIM: 942,28 INV: 1w, 936.00 44 AVS U� -------- - - - 29T 265' 232'- 9" VCP 230' - 9' VCP F160) 1s53( (131, 8) 159 . _ _._. .1 1 - RIM: 941.48 LTER NQ I 1551 (P2),\40, RIM: 941.0 INV; 9 A RIM" 90A RIM, 944.9INV: 931,00 i i W. 932.55 30 INVI 930.1 -1-4 INV, 92 f:D -W- IV 8865 _28 . . .... 32.61- T VCP 324! - TVCP ,.�71577 (P17) 376' 15) (ID4D) Rtw5_3.00 _... '.%. 09 3­ rA. 9 S- (ID44) 3) NV: 921.00 RIM: 9R,125 DA rlNV- 993297.40 RIM: %5�96 (lotz) n ­_ � - 1 i �y INV: 936 1W 925M MW 942.33� 11 �NV; 928.40A 0A_ A RIM: 931.67 LZINV: 934.46 INV: 422.[10- '. I :, 7 =J594 (PZ2r -1 RIM. A .932.50 V A 15W (P24) N T LLJ A 0(P(7P632 P26) 3,3INV: 9270(N) > . . .............................. 7 939-60 Rm�, 928.8o ISO (m) 939.60) INV: 919.10 V, �INV: �F V 911'soRIM: 921.40 A 1584(P35) PAW. "o cq�_ . 10A INV: 930.00 RIM- 92844 INV, 910.91 Y A 240'- 9" VCP 3241 - 9" VCP �v .-->— �% (0473`7 —>—>—>—>_>. _! 1585 (P34) RIM; 943 74 (1047) RIM: 926,70 INV. 933] t55 1565 (P31) pJm: 942,80 INV: 910.30 so! RIM: 938.32 932. V I V XV: 93D.11' INV: 928.50 (W) j 'or-Ml(P33)00 2C3 0 1 5 swtv ki fc�l INV: 922,00 V V 1582 (P41) pz , . i i 1586 (N2) RM:930.40 V RIM: 916.80 -RD INV: NV: 908.00 ENV: 920.00 CjNA_K� RD-, SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA 2013 SANITARY SEWER LINING FIGURE 2 VA11"01 "'71VE" ""118573 " " r)WGV`oA1857_,`n r)WG -E: Mi— -3 C..... 193f-- 1� COUNCIL k Request for Action Originating Department Approved for Agenda Agenda Section Public Works January 13, 2014 Development & Planning Item No. By: Bob Paschke Public Works Director By: Kirk McDonald, City Manager 8.2 Resolution authorizing final payment to Visu-Sewer Inc. in the amount of $34,005.32 for lining sanitary sewer pipe (improvement project No. 921) Requested Action Staff is recommending that Council pass a resolution and authorize final payment for the 2013 sanitary sewer pipe lining project to Visu-Sewer Inc. in the amount of $34,005.32 for the relining of approximately 6,170 feet of sanitary sewer pipe. Policy/Past Practice The city initiated an I/I reduction program in 2003 and initiatives included a sump pump inspection program; replacement of older, center -hole sanitary sewer manholes with solid covers in low areas of the city prone to street flooding; lining of sanitary sewer pipe through low areas of the city; roof vent and foundation drain inspection of apartments and commercial buildings; and televised inspection of sanitary sewer pipe in an effort to reduce the amount of excessive I/I. The city is continuing with the inspection of service lines and installation of drain tile to allow for sump pump connections behind the curb in areas of street infrastructure projects. Background Staff recommended that the city continue lining sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing III, the lining of sections of sanitary sewer pipe in the city also extends the useful life of the sanitary sewer infrastructure. The pipe lining process takes place from manhole to manhole. Motion by Second by To: d� l I LE I:\RFA\PUBW0RKS\20131921-2013 Sewer Lining Authorizing Final Payment to Visu Sewer.docx .Requek for Action, Page 2 January 13, 2014 The sections of pipe that were lined are nine -inch diameter clay tile in the neighborhood between Winnetka Avenue and Boone Avenue, between Medicine Lake Road on the south and the Crystal city border to the north. There was appro)dmately 6,170 feet of pipe lined in the designated area. The City Council awarded the contract to Visu-Sewer Inc. on July 22, 2013 for $149,892.50, which is the same as the final construction amount. Funding Funding for the 2013 sanitary sewer lining project is from the city's sewer fund. Attachments Final payment resolution Engineer's memorandum Final invoice 1:\RFA\PUBWORKS\2013\921-2013 Sewer Lining Authorizing Final Payment to Viso Sewendocx City of New Hope Resolution No. 2014- 12 Resolution authorizing final payment to Visu-Sewer Inc. in the amount of $34,005.32 for lining sanitary sewer pipe (Improvement project No. 921) WHEREAS, the capital improvement program identifies activities to reduce inflow and infiltration from entering the sanitary sewer system; and, WHEREAS, lining sanitary sewer pipes has been established as an effective way to reduce VI and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 2013 W abatement program activities are included in the approved 2013 sanitary sewer operating budget and capital improvement program; and, WHEREAS, staff and the city engineer, Stantec, have reviewed reports by Visu-Sewer and find the contracted work acceptable and satisfactory, it is recommended Council authorize final payment to Visu-Sewer Inc. NOW, THEREFORE, BE U RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council approves the final payment of $34,005.32 to Visu-Sewer Inc. 2. That the city manager is authorized to issue final payment to Visu-Sewer Inc. in the amount of $34,005.32. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of January, 2014. C::�2 wilull'- Mayor Attest: AaZ&UzAr��� City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 1` Tel: (651 ) 636-4600 Fax: (651) 636-1311 January 3, 2014 File: 193801857 Attention: Bots Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: City Project #921 — 2013 Sanitary Sewer Lining — Final Payment Dear Bob, Enclosed fired the final pay request and the IC -134 forms for the above referenced project. The contractor, Visu-Sewer, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $34,005.32 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 $149,892.50. The contract included no change orders. The Final Construction Amount is the same as the Original Contract Amount as there were no changes or difference in quantity amounts. If you have any questions or require further information please call me at (651)6044808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. c. Paul Coone, Bernie Weber, Shawn Markham — New Hope; Adam Martinson, Rohini Ray, Jason Petersen — Stantec. 5 Suntec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: December 12, 2013 For?eriod: 10/9/2013 to 12/12/2013 Request tio: 2/FINAL Contractor: Visu-Sewer, Inc., W23ON4855 eetker Ddve, Pewaukee, Wl 53072 CONTRACTOR'S REQUEST FOR PAYMENT 2013 SANITARY SEWER LINING IMPROVEMENTS STANTEC PROJECT NO. 193801857 CITY PROJECT NO. 921 SUMMARY 1 Original Contract Amount 2 Change Order -Addition 3 ChangeOrder- 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: VISU-SEWER, INC. Specified Contract Completion Date: 193801857REQ2FINALadsm 21FI NAL $ 0.00 $ 0.00 $ 149,892.50 $ 149,892.50 $ 149,892.50 $ 0.00 $ 149,892.50 $ 0.00 $ 149,892.50 $ 115,887.18 $ 0.00 $ 34,005.32 Approved by Owner: CITY OF NE OPE Date: No. Item BASE BID: 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BYPASS PUMPING 4 SEWER REHABILITATION WITH CIPP 9" TOTAL BASE BID: ALTERNATE NO. 1 5 TRAFFIC CONTROL 6 BYPASS PUMPING 7 SEWER REHABILITATION WITH C1PP, 9" TOTAL ALTERNATE NO. 1 TOTAL BASE BID: TOTAL ALTERNATE NO. 1 TOTAL WORK COMPLETED TO DATE 79380I857REQ2FINALAsm Contract Unit Quantity LS LS LS LF 571( LS 1 LS I LF 470 Unit Current Quantity Amount Price Quantity to Date to Date 1725.00 0.5 1 $1,725.00 2000.00 0.5 1 $2,000.00 2000.00 0.5 1 $2,000.00 23.00 1082 5710 $131,330.00 $137,055.00 250.00 1 $250.00 250.00 1 $250.00 26.25 6 470 $12,337.50 $12,837.50 $137,055.00 $12,837.50 $149,892.50 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 921 STANTEC PROJECT NO. 193801857 CONTRACTOR VISU-SEWER, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainaae Comnleted 1 110/0 1 /2013 10/08/2013 115,887.18 1 6,099.33 1 121,986.50 2/FINAL 10/09/2013 112/12/20131 34,005.32 1 1 149,892.50 Material on Hand Fotal Payment to Date $149,892.50 Original Contract $149,892.5C Retainage Pay No 2/FINAL Change Orders Total Amount Earned $149,892.50 Revised Contract $149,892.5C 193801857 REW FI NAL. Asm MINNESOTA- REVENUE Withholding Affidavit for Contractors IC134 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of Its subdivisions can make final payment to contractors. For more detailed information, seethe instructions on the back of this form. Please type or prim clearly. This will be your mailing label for returningthe completed form. ----------------- Company name Dayt;mephone I Minnesota tax 10 number VISU-SEWER, INC. 2340 1304816 Address W230 N4855 BETKER DRIVE 1262-695 Totaloontractamount . Month/year work began $ 149,892.50 AUGUST12013 Db state ZIP cada Amount -11 due Month/year work ended PEWAUKEE, — —WI — 53072 — — J $ 34,005.32 i NOVEMBER/2013 CITY PROJ #921 I CITY OF NEW HOPE, MN rroicuowner Aaaress ciw State ZIPeode CITY OF NEW HOPE 4401 XYLON AVENUE, NORTH NEW HOPE MN 55428 Did you how employees work on this pr4act? ®lis ❑ No. If no, who did the MW Check the box that dwadbea your Involvement In the project and fill In alf Inthrmatlon requested. ® Sole contractor Subcontractor Mame ofcontractorwho hlredyou t-1 Prime contractor—Iiryou subcontracted out any work on this project, all of your subcontractors must file their own IC134 affida- vits and have them certified by the department of Revenue befbre you can flie your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. suaRess name I declare thatall lnfamathn I have Ailed M an this form Is true and complain In the Gest of my knowledge and belief. I authorize the Department of Revenue to + a, disclose partlnent falbrmadan relating to this pAI=4lndudfng sending copies of tfds form, to theprime contractor lfl am a subcontractor, and to any subcon- . tractors if I am a prime rwnbvctar, and to the contracttng agency. Contrecto �sigltatura D rn; L &I Keith M.M. Alexander, President iti18/2013 Mall to: Minnesota Revenue, Mail Station 6690, St. Paul, MN 55146.6610 Phone: 651-282-9999 or 1-$00-657-3594 (TTY: Call 711 for Minnesota Relay). Certificate of Compllance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has ful- filled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. DepertmentcfRevenue agprovat cote (Rem dlszt J