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IP #920
COUNCIL A Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 12, 2013 Development & Planning Item No, By: Guy Johnson By: 8.3 Resolution approving plans and specifications for the proposed 2013 fire station front parking lot replacement project, and ordering solicitation of quotes (improvement project No. 920) Requested Action Staff recommends approval of a resolution approving the plans and specifications, and ordering the solicitation of quotes to construct improvements to the front parking lot of the fire station facility. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background Staff has identified infrastructure repairs that are necessary for the small parking lot in front of the fire station facility. The facility was constructed in 1990. Over the years a portion of the front sidewalk abutting the parking lot and portions of the concrete curbing around the parking lot have deteriorated and settled in some areas. Also, the asphalt parking lot itself is currently in very poor condition. Staff is recommending that portions of the sidewalk and curbing be replaced. Replacement of the curb and sidewalk will allow the elevation to be raised along the west and south sides of the parking lot, thereby improving the flow of water out of the lot during rain events. Prior to this work taking place, staff recommends that the existing asphalt be removed, along with the poor sub -soils. The specification would then require installation of fabric and appropriate aggregate base material. Portions of the sidewalk and curbing would then be installed prior to the placement of three inches of new asphalt. Motion by (f�(�� Q� Second by To: 7 I: IRFA\FU3W0RKS\2013\920 Fire Station Parking Lot -Approving Plans & Specs.doc Request for Action August 12, 2013 Page 2 This work is included in the city's 2013 capital improvement program. Once quotes are received, staff will bring the bids to the Council for consideration of awarding the fire station facility's sidewalk and parking lot improvements. The project will take approximately three weeks and will occur this summer. Funding The engineer's construction estimate to complete the sidewalk and parking lot improvements is $30,000. With indirect costs estimated at $6,000, the total project cost is estimated at $36,000. Funding for the project would be from the fire station operating budget. Attachments The resolution, a map showing the area involved, and a memorandum from the city engineer is attached. Copies of the plan sheets are available for your review at New Hope City Hall. I:\RFA\PUBWORKS12013\920 Fire Station Parking Lot - Approving Plans & Specs.doc City of New Hope Resolution No. 13-117 Resolution approving plans and specifications for the proposed 2013 fire station front parking lot replacement project, and ordering solicitation of quotes (improvement project 920) WHEREAS, city staff has identified the need for infrastructure improvements to the fire station facility's front parking lot; and, WHEREAS, the capital improvement program includes a project for replacement of the fire station parking lot in 2013; and, WHEREAS, plans and specifications for the proposed parking lot infrastructure improvement project have been prepared by consultant engineers, Stantec; and, WHEREAS, funding is available in the fire station operating budget for the fire station parking lot improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. Such plans and specifications are hereby approved. 2. Staff is authorized to solicit quotes for parking lot infrastructure improvements at the city's fire station facility Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of August, 2013. . J , r # August 2, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Fire Station Parking Lot Improvements — Approve Plans and Specifications City Project No.: 920 Stantec Project No.: 193801812 Dear Guy: As requested, we have prepared plans and specifications for the Fire Station Parking Lot Improvements project. This project includes replacement of the parking lot, replacement of sidewalk in front of the building, removal and spot replacement of curb and gutter, and replacement of the damaged irrigation conduit (see attached Figure 1). The total project cost for these improvements, including indirect, is estimated to be $36,000. If Council chooses to move forward with this project, approval of plans and specifications and authorization to solicit for contractor quotes could be given at the August 12°i Council meeting. Quotes could then be received and brought back to Council for review at the August 26"' Council meeting. The work under this contract will be completed in September or October. In order to avoid impacts to the New Hope City Day event on September 28'h, the contractor may either start and complete the work prior to the event, or may begin work after the event and complete the work in October. A figure drawing showing the general location of the proposed improvements is enclosed. The complete construction documents are available at City Hall for review. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Figure 1 Cc: Paul Coone, Bemie Weber, Shawn Markham, John Blasiak — New Hope; Adam Martinson, Rohini Ray, Ann Dienhart — Stantec. f 1 FLAG; t It � REPLACE CONCRETE {y SIDEWALK r FIRE STATION 4251 f 1". =ml StaiC 111 FCC PROIECT LOCATION .y Lw .I L Y su rs ax rs ^? cswli. a_� REPLACE CONCRETE y ---.---�,. CURB & GUTfER CITY OF NEW HOPE, MINNESOTA FIRE STATION PARKING LOT IMPROVEMENTS V:\1938%ACTIVE\193801812\CAD\DWG\193801812_FIGI.DWG FUTURE CONCRETE DRIVEWAY REPLACEMENT FIGURE: 1 I' I I• I y I I I f ` i I III i f I y' 31 REMOVEtONCREI6 1 ��URB & GUTTER 3 p Y f I r REPLACE 1RR�ATION CONDUIT ff y { I I Y p l v � I REMOVE CON RETE I CURB & Ili I � •I 3 { I it �! I.I. ! E E j I I k ! � c I I DATE: AUGUST 2013 COMM: 193801812 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works` August 26, 2013 Develo ment & I Item No. By: Pau.lCoone By. Kirk McDonald, City Manager 1 8'6 Motion to reject quotes for improvements to the Fire Station parking lot (improvement project 920) Requested Action Staff recommends that the Council pass a motion to reject the quotes for improvements to the Fire Station parking lot (improvement project 920). It is further recommended that the Council consider rebidding improvements to this parking lot in 2014 and include it with the improvement project to the rear parking lot of the Fire Station. The 2014 CIP includes improvements to the rear parking lot of the Fire Station. Adding this parking lot to the rear parking lot improvement project in 2014 will allow for additional competitive bids to be received. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background Staff has identified infrastructure repairs that are necessary for the small parking lot in front of the fire station facility. The facility was constructed in 1990. Over the years, a portion of the front sidewalk abutting the parking lot and portions of the concrete curbing around the parking lot have deteriorated and settled in some areas. Also, the asphalt parking lot itself is currently in very poor condition. At the August 12, 2013, Council meeting, staff presented plans and specifications for improvements to this parking lot and recommended Council order solicitation of quotes. Quote requests were sent to 12 contractors. On August 21, 2013, only two contractors submitted quotes for this improvement project. Motion by Udid..., Second by kVT L•\RFA\PUBWORKS12013\920 Fire Station Parking Lot - Reject Quotes.doc Request for Action August 26, 2013 Page 2 Funding The engineer's construction estimate to complete the sidewalk and parking lot improvements is $30,000. With indirect costs estimated at $6,000, the total project cost is estimated at $36,000. Funding for the project would have been from the fixe station operating budget. Attachments A letter of recommendation from the city engineer and a copy of the quotes received are attached. 1:\RFA IPUBWORKS120131920 Fire Station Parking Lot - Reject Quotes.doc August 21, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St Paul NEN 55113 Tei: (651) 636-4600 Fax. (651)636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Fire Station Parking .Lot Improvements Project City Project No. 920 Project No. 193801812 Quarte Results Dear Honorable Mayor and City Council: Quotes were opened for the Project stated above on August 21, 2013. Transmitted herewith is a copy of the Quote Tabulation for your information and file. Copies will also be distributed to each Quoter once the Project has been awarded. There were a tots! of 2 Quotes. The following summarizes the results of the Quotes received: Contracinr Total Base note Low Bituminous Roadways, Inc. $45,208.50 #2 Allied Blacktop Company $51,312.30 The low Quoter on the Project was Bituminous Roadways, Inc. with a Total Base Quote Amount of $45,208.50. This compares to the Engineer`s Estimate of $30,000. These Quotes have been reviewed and found to be in order. Quote requests were sent to 12 contractors. Since only 2 quotes were received and were higher than anticipated, we recommend not awarding f hts projectat this dme and to complete these improvements with the other fire station parldng lots scheduled for improvement in 2014. Should you have any questions, please feel free to contact me at 651-6044808. Sincerely, STANTEC CONSULTING SERVICES INC. LAAAJA44, W- X47-1— Christopher W. Long, PE Enclosure 19%101612QT,*m BT -1 Project Mame: Fire Station Parking Lot Improvements I herpbYawffy that th/s Is an exact rwrad icWn ofbI& received. City Project Na.: 920 Stantec Project No.: 193601812 Bid Opening: Wednesday, August 21 2013 at 10 A.M. CDT Owner; Cltir of New H Minnesota arktQa6w W Lony, PE Lkense Ara 47106 Slider No. 1 Bidder No. 2 QUOTE TABULATION Bituminous Roadways, Ina Allied Blacktop Company Item Num Item units Qty Unit Price Total Unit Price Total BASN QUOTE 1 MOBILIZATION LS I $3,000.00 $3,000.00 $5,000.00 $5,000.00 2 REMOVE BITUMINOUS PAVEMENT SY 421 $5.00 $2,105.00 $4.30 $1,810.30 3 REMOVE CONCRETE CURB & GUTTER LF 125 $6.00 $750.00 $600 $750.00 4 REMOVE CONCRETE SIDEWALK Sf 1242 $1.50 $1,863.00 $2.25 $2,794.50 5 REMOVE AND SALVAGE SIGN EA 2 $100.00 $200.00 $100.00 $200.00 6 SALVAGE EXISTING AGGREGATE BASE FOR SIDEWALK LS 1 $1,000.00 $1,000,00 $1,527.00 $1,527.00 7 COMMON EXCAVATION (EV) CY 246 $18.00 $4,428.00 $32.00 $7,872.00 8 4" CONCRETE SIDEWALK SF L190 $7.00 $8,330.00 $4,25 $5,057.50 9 CONCRETE CURB AND GUTTER LF 85 $19.00 $1,615.00 $30.00 52,550.00 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 $5.00 $125.00 $2.00 $50.00 11 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 $94.00 $4,700.00 $135.00 $6,750.00 12 TYPE SP 9,5 WEARING COURSE MIXTURE (2,B) TN 50 $100.00 $5,000.00 $135.00 $6,750.00 13 AGGREGATE BASE, CLASS 5 TN 220 $70.00 $4,400.00 $2100 $4,400.00 14 ADA SIGN PANELS EA 2 $150.00 $300.00 $350.00 $700.00 15 4" PVC PIPE IRRIGATION CONDUIT LF 70 $6.00 $420.00 $8.00 $560.00 16 4" SOLID LIME, WHITE - PAINT LF 340 $0.85 $289.00 $3.85 $289.00 17 PAVEMENT MESSAGE, ADA PARKING EA 1 $40.00 $40.00 $100.00 $100.00 LB 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMI SF 54 $8.00 $432.00 $10.00 $540.00 19 TRUNCATED DOME PANEL Sr 8 $70.00 $560.00 $35.00 5280.00 20 GEQTEXTILE FABRIC.TYPE V SY 421 $1.50 $631.50 $2.00 $642.00 21 HYDROSEED WITH MULCH SY 710 $5.00 $3,550.00 $1.50 $1,065.00 22 PREMIUM TOPSOIL BORROW (4" DEPTH) CY 20 $41.00 $a20.00 $40.00 $800.00 23 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $130.00 1650.00 $125,00 TOTAL BASE QUOTE: $45,208.50 951,31230 Contractor Name and Address: Bituminous Roadways, Inc. Allied Blacktop Company 1520 Commerce Drive 10503 89th Avenue N Mendota Helqhts, MN 55120 Made Grove, MN 55369 Phone: 651.686.7001 763-425.0575 Fax 651-687-9857 763-425-1045 Signed By: Jahn Kittleson Peter M. Capistrant Title: Vice President President Bid Security: Bid Bond Old Band Addenda Adaumledged: none none Email: 19%101612QT,*m BT -1 r. Request for Action et Originating Department Approved for Agenda Agenda Section Public Works March 10, 2014 Development & Plannin Item No. By. Bob Paschke, Dir. of Pub. Works I By: Kirk McDonald, City Manager 8.1 Resolution approving plans and specifications for the proposed 2014 fixe station infrastructure improvement project and ordering solicitation of bids (improvement project No. 920) Requested Action Staff recommends approving plans and specifications for infrastructure improvements at the West Metro Fire station and issuing an order for the solicitation of bids to construct improvements to the front and rear bituminous parking lots, including sidewalk and curbing of the facility. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful Iife of the infrastructure and/or improve the level of service. Background The West Metro Fire station facility was constructed in 1990 and is serving a very useful life. Staff has identified infrastructure repairs that are now necessary as the facility has encountered deterioration of some infrastructure. The areas identified are: • Small bituminous front parking lot • Concrete sidewalk and curbing in front of building • Concrete working area in front of the station equipment service doors • Rear bituminous working lot area Over the years a portion of the front sidewalk abutting the parking lot and portions of the concrete curbing around the parking lot have deteriorated and settled. Both bituminous lots, front and rear, are currently in very poor condition and the concrete equipment working area is cracked and/or settling. In each case much is due to age, but also to the poor sub grade soil design. Project 920 initially was included in the city's 2013 capital improvement program. The project consisted of improvements to the small front parking lot, sidewalk, and curbing in front of the Fire station facility. On August 12, 2013, staff presented plans and specifications to Council. Staff recommended Council order solicitation of bids, requests were sent to 12 contractors. Only two contractors submitted bids for this project by the August 21, 2013, deadline. Staff recommended that Council pass a motion to reject the bids for Project 920 and that a combined project be brought forward and rebid in 2014. Motion by Second by���. fyVQ To: ' , 1:r'1-A`YUDVVorx8`4U14X5tzU rue Station Parking lot Approving Plans & SpeCs Request for Action, Page 2 March 10, 2014 Staff is recommending that the facility's front sidewalk and portions of curbing be replaced. Replacement of the curb and sidewalk will allow the elevation to be raised along the west and south sides of the parking lot. It is necessary that the east curb of the lot be removed so water may drain out, thereby improving the flow of water out of the lot during rain events as there is no storm basin within the curbed area. Prior to this work taking place, staff recommends that the existing asphalt be removed, along with the poor subsoil. The specification would then require installation of fabric and appropriate aggregate base material. Portions of the sidewalk and curbing would then be installed prior to the placement of three inches of new bituminous in the front lot, and five inches of bituminous in the rear work area as required to support the vehicle weight of Fire equipment. The concrete working area in front of the facility can continue its service life for a period of time with some minor maintenance. Staff foresees this area could be reconfigured and included in the road or city center projects in the development of the city center area and rehabilitation of Xylon and 45th Avenue North. Concrete costs could be included within the quantity pricing which would help reduce expense, as we are anticipating the inclusion of state aid on the improvement of the connecting roadways. The proposed projects are identified in the 2013 CIP and 2014 CIP, respectively. Combining the improvement projects in 2014 will allow for competitive bidding. Bid opening is tentatively set for April 15 and for Council award on April 28. Construction is specified to commence after the City Day event on June 21, 2014. The specifications identify a substantial completion date of September 26, 2014, and coordination will need to occur with the fire department in regards to parking and access. Funding The engineer's construction estimate for the 2013 CIP project is $36,000 to complete the front sidewalk, curbing and bituminous parking lot improvements. The engineer's construction estimate for the 2014 CTP project, to complete the rear bituminous working area lot is $151,000, totaling $187,000. Indirect costs for the combined projects are $28,000 giving the project a total of $215,000. The original Capital Improvement Program (CIP) for the front and rear parking Iot budgeted $201,000. The current engineer's estimate is $14,000 over the original CIP, primarily due to the addition of items which were not included in the original estimate that were deemed essential. The Temporary Financing Fund is the funding source for the project per the budget discussion held at the August 19, 2013, work session. Attachments • Resolution Map showing construction proposal area City engineer memorandum City of New Hope Resolution No. 14 - 43 Resolution approving plans and specifications for the proposed 2014 fire station infrastructure improvement and ordering solicitation of quotes (Improvement Project 920) WHEREAS, city staff has identified the need for infrastructure improvements to the West Metro Fire station facility; and, WHEREAS, the infrastructure improvements are identified as rehabilitation of the front and rear bituminous parking lots, curbing, storm system, and sidewalk; and, WHEREAS, the Fire station capital improvement program identified said projects for replacement in years 2013 and 2014; and, WHEREAS, plans and specifications for the proposed infrastructure improvement projects have been prepared by consultant engineers, Stantec; and, WHEREAS, funding is available in the Temporary Financing Fund for the fire facility improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. Such plans and specifications are hereby approved. 2. Staff is authorized to solicit quotes for infrastructure improvements at the West Metro fire station facility. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 10th day of March, 2014. s Mayor Attest: ldat'tz'd"e—x4- City Clerk Stantec February 28, 2014 File: 193801812 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651 ) 636-4600 Fax: (651) 636-1311 Reference: Fire Station Parking Lot Improvements - Approve Plans and Specifications - City Project No.: 920 Dear Bob, As requested, we have prepared plans and specifications for the Pre Station Parking Lot Improvements project. This project includes replacement of the fire station's small front parking lot and the rear parking lot. Also included is the replacement of some sidewalk, miscellaneous storm structure rehabilitation, and spot removal and replacement of curb and gutter (see attached Figure 1). The total project cost for these improvements, including indirect, is estimated to be $215,000. The breakdown of project cost is shown below: Improvement Estimated Cost Reconstruct Front Parking Lot $36,000 Reconstruct Rear Parkin Lot $T51,000 Total Construction Costs $187,000 Indirect Costs $28,000 Total Project Costs $216,000 The original Capital Improvement Program (CIP) for the front and rear parking lot budgeted $201,000. The current engineer's estimate is $14,000 over the original budget, primarily due to the addition of the following items which were not included in the original estimate: Front Parking Lot o Additional concrete curb removal and replacement • Additional sidewalk removal and replacement Rear Parking Lot a Stronger pavement design section required (determined after field investigation) o Concrete pad added at the garbage dumpster location Design with community in mind February 28, 2014 Mr. Bob Paschke Page 2 of 2 Reference: Fire Station Parking Lot Improvements - Approve Plans and Specifications If Council chooses to move forward with this project, approval of plans and specifications and authorization to solicit for contractor bids could be given at the March l Oth Council meeting. Bids could then be received on April 15th and brought back to Council for review at the April 28th Council meeting. The work under this contract will be completed during the summer and fall of 2014. In order to avoid impacts to the New Hope City Day, the contractor will not begin work until after June 21 St A figure drawing showing the general location of the proposed improvements is enclosed. The complete construction documents are available at City Hall for review. If you have any questions or require further information please call me at (651) 604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Figure 1 Cc: Paul Coone, Bernie Weber, Shawn Markham, John Blasiak - New Hope; Adam Martinson, Rohini Ray, Jeremy Hauser - Stantec. Design with commrnriy in mind it REPLACE FRONT PARKING LOT REPLACE EXISTING X CONCRETE SIDEWALK 4 M i FIRE STATWN 4251 r REPLACE REAR , PARKING LOT rr FUTURE PARKING LOT REPLACEMENT REPLACE EXISTING �^ I I I BITUMINOUS CURB l Hl( r'� � - I rw LJ v ----------- !--L _j / I ----------- ------- - - - -- - ------ I N i —T L i f 1I1V o � ,� Ill � lllI! I Hadzontei SaMe In Fed PROJECT LOCATION f CITY OF NEW HOPE, MINNESOTA FIGURE 1 FIRE STATION PARKING LOT IMPROVEMENTS a Star*+#'C V:\1938\ACrIVRI93801812\CAD%DWG\193801812-FIGI.DWG DATE: MAR 2014 COMM: 193801812 Page 1 of 1 Affidavit of Publication ADVERTISEMENT FOR BIDS STATE OF MINNESOTA ) (SS. Be aids will be received by the City ,...dew Hope, Minnesota, in the COUNTY OF HENNEPIN ) Qty Hall at 4401 Xylan Avenue North, Description: until 10 A.M., CM Tuesday, April 16, P 2014, at which time tbay will be publicly Bids for New Hope RE: Fire Station Parking Lot Improvements opened and read aloud for the furnishing of all labor, materials, and all else neces- Peggy Lewis , being duly sworn on oath say she/he is sary for the followirC. and during all times herein stated has been the publisher or the Fira ixdaun Parking W_bwrove, m s publishers designated agent in charge of the newspaper known as In general, the Work is generally described as xremoval and ing parking lots and replacement of existing Finance and Commerce (MN) acX acent sidewalk. Complete digital Bidding Documents and has full knowledge of the facts herein stated as follows: are available at www.questedneom for (A) The newspaper has complied with all of the requirements $20 by inputting QuestCDN eBidDoo constituting qualifications as a legal newspaper, as provided #31776M on the website's Project Search page. Paper Bidding Documents by Minnesota Satute 331A.02, and 331A.07, and other may also be viewed at the City of New applicable laws, as amended. Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (661) (B) She/He further states on that the printed 636-4600. Direct inquiries to the Itngineer's Project Manager, Chris Long, at (681) Construction 604-4808. Bid Security in the amount of 5 10517763 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. hereto printed as part as it was printed and published there in the The Owner reserves the right to retain English language; that it was first so published on the deposits of the S lowest Bidders for a period not to exceed Bo days after the March 20, 2014 for 2 time(s): date and time at for the Opening of Bids.. No Bids may be withdrawn fora the subsequent dates of publications being as o ows: period of 60 days after the date and time 3/20/2014 3/27/2014 set f Opening of Bids. Th, ner reserves the right to reject any and all Bids, to waive irregularities and informalities tbarein, and further reserves the right to award the Contract And that the following is a printed copy of the lower case to the beat interests of the owner. alphabet from A to Z, both inclusive, and is hereby KIRK MCDONALD, Qty Manager acknowledged as being the size and kind of type used in the City cfNaw Hope, Minnesota (Published in Finance and Commerce X abo&fghijklmnopgrsUw=yz March 20, 27, 2014) abodefghijklunn aPGrstuvwxYz 10517763 AV_041 Subscribed and Sworn to before me this 27th day of March, 2014 (Notarial Seal) Notary Henne ]Il County, Minnesota CARRI� ANN REiZACK Notary Public -Minnesota MMy C°mmhMn F�galeep Jan at, Zo1 s - ----- RATE INFORMATION: 1. Lowest classified rate paid by $ 16.0000 commercial users for comparable space: 2. Maximum rate allowed by law for $ 0.48630 the above matter: - 3. Rate actually charged for the above S 0.4421 matter: Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 .. Tel: (651 ) 636-4600 Fax: 1651 j 636-1311 f 1 May 6, 2014 Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Fire Station Parking Lot Improvements City Project No. 920 Stantec Project No. 193801812 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. W Cathy White Administrative Coordinator Enclosures Design with community in mind Stantec BIDDFgi,: Q.Al# • �'S Vi'l Tj"VC . DOC tW NTGO 4110 HW POW( FMSMI]ONPARRINTG IOTIMPRO'VFiNRM C IIY PRD JBCTNO. 920 SM>?= PROJUCTNO. 198801812 NEW HO PF, MR NTISO'IA 2014 IM BID B SUBM rrr, n 10: City ofNew Hope City Hall 4401 Xylo n Av anus North New Ho pe, MN 55428 1.01 Ma undamigned Biidderpmpomeand agxess,f1his Bid isaccopted, to antarinto anAgreementwithOwnerin" form includad in the Bidding Doc top erform allWo>kaasp scified oriadicatad in the Bidding Do cume ids for the prices and wither the tun o s iodic ats d is this Hid and in a cc o rde nc a with the other to rms and c o nditio ns o f the Bidding Documents. 2.01 Hd d e r a c c e pts allo f the to mm s and c o ndtUD ns o f the hstmc do ns to Bidders, including witho ut hnitatia n the se d e a ling with the dimpo shin n o f Bid Ser c uxity. Ihs Bid willroma in sub js c t tD ac c a pta nc a fo r 60 days after the Bid Opening, o rfo r euc It to ng er p a m d of time that Bidder may a gre a to in writing up o n m que at o f O wne r. 8.01 In sabmitting this Bid, Bidde rre pre se nts that: A. Bidderha 9 examined and carefully studied the Bidding Doc umentq,the atharrelated data identBad in the Bidding Do cuments, and the foDowing Adds nda, receipt of allwhich isharsby acknowledged: B. Bid dorha a visite d the Sto and bee ome familiarwithand issatWiied sato the general, iocat and Eke conditionethat may affectcout,pmgresa,aria perfomlanca ofthe Work. C. Bid derisfamibarwithand haatiaFredastoalfederal,state, and be allows and Regulationothatmayaffectcost, pro gees, and performance ofthe Wozir. D. Bidderhaacamfultystudied all: (1)reportoofaxplontioneandtestaofsabeui'acaconditionest, ore ontiguousto,the Ste and all. drawings ofphysicale oaditionsInorrelating to existing aurfaca ozsubauxfaca structure set, ore ontiguous to, the Silo (emceptUndergmund Facilidea)whichhave baanidentified ir9C-4.02, and (2)mpoxteaad drawingsof Ha za 1d o ua Fhvao nme ata 1 C o nd itio ns tha t have b e an id a ntifie d in SC -4.06. K Bidderha9obtained and camfullystudied(oraccapis the cansequencesfornotdoing so) alladditonalor supplementary examinations, inve s*a do ns, exp to ratio ns, to sls, studies, and data c one a ming c o nditiD ns ( surfs c 0, sub surfa c a, a ad Und ergro and Fa c ilitie s) a t, ore o ntiguo us tD , the Sts whic h may a fie c t c o sk progress, o r p e rfo rma nc e ofthe workorwhichmlateto any aspe ct ofthe me ans, methods, to chniques, se quo ac as. and proc edures of a o rxW=a do n to be employed by Hid d er, inc lading applying the sp e c iffc means, m e tho da, to c hnique s, as qua no so. and pro c a duras of e o nslaue do n e xpia mly xe q ui e d by the Bidding Do curve me to be employs d by $dd err, and safety pre c a utio no and p m gra m s inc id a at thereto. F Bidderdoasnot consderthatanyfuitherelaminations,investigations,exploration, tests, studios, ordata are necasmiyforthe determination ofthieBid forpezformanca ofthe Wozkat the prica(a)Bid and within the timesand n accordance wfththe othertenasnnd canddiongofthe Bidding Documents. G. Bidderis aware ofthe gona®lnaturn Dfwozkto be performed by Ownerand others atthe ate thatrelateeto the Work aaindicatod in the Bidding Documents. 0 2014 alaatec 193601812 00 41 10 - 1 13U IUFM H Bidderhaaconalatad the info unationknownto Bid dsrjnIbnnationand obBervationsobtainedfrom Askew the Ste, reports and dmwingsidentiSedinthe Bidding Doc umenta, a nd aItaddikionalaxam,inatbna investigatione,eaplomtbna, teats, etudisa, and data with the Bidding Documenta. I Bidder haegivanEngmearwritten notic aofaRconflicts,amara,ambiguities, or disc Top anciesihatBidderhas discovered in the Bid ding Documents, a nd the wrIte n re se latio n them of by Bag a r is a cc e p table to Bid d a r. J. The Bid d agDocumantsare ganemlly suffieiBatIn indica to and convey understanding ofalto rmsand condttbnofor the psrformance ofthe Workforwhichthis Bid issubmitted. K IlddorwnRsubmbwrttren evidence a fitsauthorilyto do business in the state wham the Projectislocate d notlatarthan the data ofilsexecutionofthe Agmement. 4.01 BdderfaxtharmpmeanUthat: A. thepricesarthisB-dhavebeen anivedatindependantly,withoutconaukatinn,communication, aragraamentasto a ny matters role ting to such pric e e with any other Bifid e r o rwith any comp a tito r ib r the purpose o f m abric ting K 'Jhe pricsainthisBid have notorwilnOtbe knowingly disclosed to any otherBidderorcompstiorpriorto opening of C. No attempt has beenmade orwi[Lbe made bythe Bidderto induce anyotherpemonoramto submitornotto submits Bid forthe propose ofmahicting competition. 4.02 Sdderunderstandsthatthe law maymqute the Ownai;orEhganaeratthe OwneYsdnection,to undertake an inva eqg n do n and sub mit a n e valva do n c o nc a ming Bid d saes m sp o naive ne ss m ep o nmb ildty, and qua lifiic a tb na b e fo m awarding a c outmct Bidderhamby waive a any and aILclaioM ofwhatevernatun, againstOwner, Einginearand theiremployeea and agante.whicharise out ofarnelate to suchinvestigationand evaluation, and data mentsmado as reMIR themof axe apt lbr statamentsthateanba shown bye ]aarand convincing avid ance to be irdrentionaIlyfalae and made with actualmalice. Nothinainthin pamm13hiemtendedto metrictBiddaYsArhteto chaIla nrte a contmctoumiantto law. 5.01 Bidd a r wK complete the Wa xk m a c c o rd a nc a with the C o ntra c t Do c ume me fo rihe fo llo wing pric a (s): A0 sp e c ific c a sh alb wa nc e s a re inc hrde d in the price (s) met forth bellow and have been computed in a cc o rd a ne a with Para graph 11.02afthe GsnamlConditbna UnitPs;ceshava be an computed inaccordance with Pam gmph11.03.Bofthe G a nem I Conditions ® 8014 81aate c L93801812 00 41 LO - 2 W LV and Bidder ackmowladgesthat eatrtnated quantitiesom notgnamntaed,and are aolalyfortbe purpose ofcompanieonof Bide, and foralpaymeutforallUnitPdaa Bidbamawrll.be based onactualquant"spmvided,dotermined aspmvided No. Basin Unita Qty UE& FP is a Ibtsd Priv e PA 171 • PWNTPAJI MG IDT I MOBaMU:)N LS 1 $ 2 REMOVE I1B[II1 NO UB PAVEMENT SY 420 $ oo 00 $ _� � tP � . J L � 3 REMOVECONCRE03CU]RB& GU= IF 170 $ • $ 4 REMOVE CONCRETESDEWAIK 0D i e � 0013 0 SF 1300 $ r $ 5 REMOVEAND SALVAGESiGN E& 2 $ 50, Cc $ t O© • OD 6 COMMONEWAVATDN(EV) CY 95 $ � � � D� $ ®•S�Q 4.00 7 4"NON-PERFORAW)P'VCPTEURZAMNCONDUMSCH IF 80 $ $_Lq , 40 00 C—), S G m ME FABRU, IYPE V Sy" 420 $ $ _ 9 AGGRMArIEBA.9R CIASS5 W 280 $—:a W $_y5 w f'0 ® 8014 81aate c L93801812 00 41 LO - 2 W LV and No. ftm 10 CONCRMECIMANDGUZIER 11 HIICidQINOtEMA'II.%LlURIRCKCOAT 12 TIPESP12.5NONWBUWGCOLUMM1MIM(2,S) 13 WPESP 9.5 WE9RlNG COURSEMKTM(2,M 14 4"CONCEMEWEWAIS 15 6" UWKC O NC RME WAIKFO R PEDW RIAN CUM RAMP 16 MU1NCAM) DOMEPANIEL 17 4" SO LID lP;Fy WHOC- PAINT 18 PAVEMENTMESSAGA ADA PARKING 19 ADA SIGN PANELS 20 HYDROS® WIIHMEILCH 21 PREMILIM1DP9DILHDRROW(4"DZMV(LV) 22 SIRIMSF M'ER(VMPEHUPHHOOM) 28 PJUUPROIECTDN rMMkLPART1 - ERONTPAFAMG IAT PART2 - FffARPAiHNG IDT 24 MORWATUN 25 REMO VE BWJMINO US PAVEMENT 26 RFMOVE13mmDTOTECUM 27 SAWC]UrBEK 41INOUSPAVEMFNT 28 COMMONEM;AVATDN(EV) 29 CORE DRILL CONNEC71w)NM EKS@TG =RM MM 80 4" PERFO RAM) PVC DRAPRNA 9C H 40, W HR 80 C K 81 GIDTr MEFASRIC, TYPEV 32 9EIFICTGRANIIIARHORROW (MODIFY) Uvihs Qty Unit Pee a 7btal Pic a IF 150 $_ y. $_.Y37. GAL 25 $ .. oo $ 7S- ao cM IF 90 $�• r 00 _3� $ sf 2600 $-a, 06, $_ 15.'"!P'vx IN 1890 $ ► a . uv 5 $ 1 I US - ©9 v� -7$o IN 50 $11S. s5 . SF 1200 $ �5�� $ K. 4 DO o� 99 65 $ _L� • 5t) $ _ fes 2 :2 'Jia SF 8 $ _+ &D $ _ 5 a . �o IF 840 $ I.Q $ 3-7q, co FA 2 $ 3 o ` $ IDIO . oo FA 2 $t-1�11A��`' 8 g. 0 SY 120 $!.��ti $ . CY 20 $ so • C-11 i /X¢ $ l000., cJJ HR 5 $150. IP � $ - c 7O EA 2 $_ so w ca s -30+� OU IS 1 $ S 0 � sl4 L�$ �1 uu ST 2600 $ �- u �� }} $ S �W , IF 180 $ 5 . 60 $ _ 0 IF so $ ,3. 00 00 $_1 50._ CY 1445 $� (( y0 $_1���jj - E4 8 $ 911 33 s_%) 3.59 cM IF 90 $�• r 00 _3� $ sf 2600 $-a, 06, $_ 15.'"!P'vx IN 1890 $ ► a . uv 5 $ 1 I US - m 2014 L%ante c L93901812 304110-3 331D PO IM No. I6em Units Qty Unit Pic a 7btnl peic e 38 AGGRFGATOMMCIASEIS Tf 1260 $ r $ . 84 CONCREIECURBANDGUrM IR 180 $ $ 35 7" C O NC RETE PAD SF 440 $� $ 239r. ` 36 WIt"OUEMAMIUALFi]RTACKCOAT GAL 140 $ ✓ d�! $ r L� d0 37 IYPESP 12.5 NONWR%IMG COITMMA°TM(2,B) IN 'S00 $ 10 �• $ 2t . TYPE SP 9.6 WFARiNG CIO 1 O ?s 30a33 C OURMMMUA.E (24 IN 335 $ $ i 39 4" SO IID INF, WME- PAINT IF 560 $-1,10 $ &I • 40 HYDRO SEED WIH MUIl; H SY 80 $ _ R • T o $ 3 ✓ 01+, CIO � Cd �0 � 0. 41 PREA41CM10MLBOMW(4"DEMM(UJ) CY 15 $ • $_ 150 4 50 6* 42 PUMPROMCRDN FA 3 $ $ r� ALJ co 1 OQ 43 ADJUSPGA'IEVALVE EA 1 $ Vo- $ _ oV 44 ADJU3rEXEMNG CAJMNG WMINEW RUGS EA 2 45 SMECSWEEPFR(WMPCHUPBROOM) HR 5 $-1.50. $'750,_ 46 IId UPRO MCD) N EA 2 er! $ ? 5 0 es7 $ gD'ALPARP2 - RRARPAEKNG IOT $ f 6J P IIIb 9UMMARY-. MMILPARPI - FBONTPATIWG IAT 1UPALPART2 • FMRPAEMG MT Tal"Em 56)14.7 -7:1 a $ c P-vj 0 2014 %M.. 198901812 U041 LU -4 B® FO RM 6.01 Bid der a gree a that the Wadzwillbe Sub etantfallyCample ted and completed and ready forMUSIPaymentin accordauce with Para graph 14.07.B a f the GouemlCondtiousonorbeforethe dates or within the number of a ale adar daysndicated inthe Agreement. 6-02 ffdderacceptsthe pmvisionsofthe Agreementasto liquidated damagesnthe eventoffailure to complete the Workwithin the times specified above,whfchshaIlbe stated in the Agreement. 7,01 'Die following documents ale attached to and made a c ondition ofthis Bid; A. % q used Bd Se c urity in the form of 6 pe re ant. 8.01 Me termsused fathisHdwith initialcapitallette?shave the meeningestated fnthe lnstmctfonsto Bidders, the Go ne ra I C a nd fin ne, and the Shp plementaryCanditians. if Iidde r k ACorvoration SLEDAUM o a _ 7 /l , 2014. CorpotntioaName Sta to o f he o rp o ra tic a: MM-Iwb`tsa6� _ Type (GenereIBu®nees, Professional, Service, Ifinked liability): 'JeXAfj PY: (Sig no tule ) Name (typed orprinced): I-Ak 4+'^► 'lithe : R4'VI rm.--Or Attest (C O RPO RATES (9gnatu of Corporate Secretary) BuninessSUeetAddress(No P.O-Box#'s): 5 l V�AVE kubywLe 5S3 Jl Phone No .:G a 3 -- 4cA7 ` z/� Sr\� Ib x Na .: ��a�3 "���' 7 I e-mailaddrenw �flU1�A C_ Vlfr''t&4• CA -)I ® 2014 ante c 1 193801812 004110-5 M FOIM _Document A314 1974 Bid Bond KNOW Al•_.L MEN BY THESE PRESENTS, that we (Here insert, full name and address or legal title of Contractor) Omann Brothers Paving, Inc. 6551 La Beaux Avenue NE Albertville, MN 55301 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surei3y) North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) ISD #728 - Elk River Area School District 815 Highway 10 Elk River, MN 55330 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 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 (Here insert full name, address and description of project) Elk River Area School District 2014 Pavement Rehabilitation Project SAFEnglneering Project No. 2014001 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 Obligec the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of April, 2014 Omann Brothers Paving. Inc. (Principal (Seal) ( neW ss) (Title) North American Specialty insurance Company (,Surety) -- - (Witness) 't-�*' t.( (Title) Melissa M. Nordin (Seal) Attorney -in -Fact AIA document A310w —1970. Copyright 0 1963 and 1970 by The American Insittute 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 —he_ executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF ffil .7 COUNTY OF I i ) A �. ss On the 17th day of April, 2014, before me personally appeared to me known, who being by me duly sworn, did say that he/she is the _ 1,� of Omann Brothers Paving, 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 his/her name thereto by like order in . (Notary Seal) E1;ORES I RIE LItsD€*EL - NOT.P, JBLIC - MINN4SbTA ACKNOWLEDGMENT OF CORPORATE SURETY*�.ARY Cemmissii ' Expire$ n••3t; x0}5 STATE OF MINNESOTA ss COUNTY OF Hennepin On the 17th day of April, 2014, before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the North American Specialty Insurance 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. (Notary Seal) DANA LL5IRIS CLEMANTS NOTARY PUBUf -MINNESOTA j~ �t A,;, My Commission Expires Jan. 31, 2017 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY STARKS, DAVID E. SELL, ROBERT E. CLEMANTS, DANIELLE CLEMANTS, MELISSA M. NORDIN, JOAN K_ REMICK and ALAN STARKS Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 56 of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attomey named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Stiluaurepu� �j. $y 'po a i SEM- = Steven P. Andmo% Senior Vice President of Wubingen International Insurance Company �f SEAL 197$ n r & Senior Vice President of North Aavi®a Specialty Insurance Compaq a= 4P' Y y} ! David hr, raywn, Vice President of WalWaiwo latunatlonal Insurance Company & Visa Praddeut of North American Specially lumrance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25th day of _ . May -2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of _ May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective cwmnanies. "OFFICIAL>9!` , DONNA P. SSLENS Notary Public, State of Illinohs M �Expirea 10106/2015 Donna D. Sklens, Notary Public I, Jeffrey Goldbergthe duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17 day of APRIL 20 14 . Jeffrey Guldberg. Vice I'mident & Assistant Serretauy or Washington Lotemational lns once Cnmpony & Nonh American Specialty Insurance Company Stantec BIDDoL. Interstate Pavement Maintenance DOC I FIMMT00 4110 ND t O RM FIRE HMMONPARE G u)TLMPROVEMF.NM C RV PRO.] FI: T.140. kl2t) MLNIM", PRDJ7.7f:T1tJ.198t)01b12 NIN I -K) PK V[LYNEII) Tk 2014 M. ei sill; r43 `4Iii IMP: : f:d_ aiyit.� llo,^,c (°k. ItsrU 4401 ?(1i: r A, a nuc: North KewA0a. -M-N M428 .01 Ihd urhdersjg XIV d Bddkrprupaav,saadagrnas.d"thieBid isaccepted,tu antsrinto anAgreeit; eatwith 0wnerinthe foam :ncbned intoe :lidding Doeumentato poifoan aRWotkasspa cfwd orindicatedirthe Bidding Documents for the p*esaud wd&the tinen%dicatod i, this Bid andinaccoidaneo with the a the r to ims a nd caadi%naoIthe Ifrdding Doeunsenla. 2.01 R.ederec:dystaslaithe lermaand conditiansafthe Insrnrctionato Bid daMinc hrdingwithoutlimits tin. nthe 98 dealing with &.a dispomtii,n ,f Rd }icur]y. Tui Bid will roma in subje et to actaptancd for50da:safu- r the Bid 0parung,orfur-arh61ngar prrod ort_ae thot Rddermay agree to in writing upon mquostofOwnex 5.01 In evh rr_ Coag tihis Bid, lisld e r re p ro as nta t]ra t: A. Bidder he9examime d and a arefuRystudiedthe Bidding Do c um a nts, the othermlated data ids o0od inthe Bid "r Do came nts, a ad the I Re wing Add d nda , rev a ip t u f a ll w hi• h is hard by a c knu wle d g e d 1 . , J. Al_,.1. B, Bidderhasvieitodthe Ste and bacame famisrwith aad issatMkd asto the go no m I b c a L a ad Ske c o ndtdD ns tha t may affecteoskprograw,and part'ormanca ofthe Work C. iliddarisfamiliarwithand is satisfied astoalfaderaLstate, and iocalLawsaadRegulatinnathatmayaffecrcuat, pmgrerg,arrd peribimonee o('tbe Wntk D.. Bid de rho acamfi*sdrdiedalL•(1)reporlsofasplDrationeand tests efeubsurfitcaconditiensaLurcantgunueto,the s¢e and.tdaowmga*fphyaicaIaonditionytrorrolaturg to axistitg suAaca oreubausfarn Aructuresat, ore&nt 'nous rx;, the Sita taxe aptUnddrrarwid Facilitire)whivh have boo aid autdud itBC•4.02,arid (21mpoaaaad drawIngsof Iiazadous&vimnmentoICondkiensthathate boa aidaat&din SC 4A6. E Bid I-' and camfaIly studied (orac.captsthe cousaquouraytbrnotdoing an) eRadditi;nalor sup,r)6 n-an:ary sasmihadona, inve:tkadom%emptoratiu na, tomss, studierr, and data c+rncaruing cundSions(curiece. subsuiaee, ami Lihdergroand Faciitios)okorccntiguaueto.the Site whithmay affect coKprogress.orperformanca >ftbe ;:vr crWhkhrehte to any aspect of the means,methods,tachuklitea.sequarrcas. nudptneadumsof .:�):.fxaccnr.+a be employed byBiddas:inelading applying the spoeire maan-,�mothoda,far knituPa,mgnenreiand pie. e d axes Az r o nstsuc do a e xpra aay xe quie d by the Bidding Documents to be e m p lD ye d by Bidder, and ea fe ty p!seakttk-mo4nd ntogn.tu.t.int! identthen tu F.Ueori,eenor coasderthatanylhrtherexaminations,investigatbns.explorations, tests.studias,ordataare no.: a ss : ry for the d e termina do n o f this Bid for p e db rma ne e o f the Work at the price (s) Bid and within the times and in acc.rwaar.t ::xhshe othertenneand condidDnsefthe Bidding Documents. G. lUderiRnware ofthe geneminattim ofwoxktD be performed byOwnarand otbareatthe &a thatralawgtD the Wolk yai,:di.e.ta? in thr llildinr, Documents. 2*:.. f,,t�: :d'sr.16.1 0041.1.0-L trDTOW R Fliddarhaeconeiatadthe inform ation lrnowntr. Pia der, infonnat»nand obsexvaiionFhhtainedfmrnVnFi=totSe4r4, m p o its and dm wing aid a ntifie d in the Bidding Doc ume ntx' a nd a R u d d&Eo na l e sa m ina tm us. ince vtiga tiu us, a.:p :n m tip ra ta4a otudies,and data wilfithe Bidding Dur.umitWa. TMdorhawgieen FhZineor imtitten notc,,a afaRenntli ta, etmmainhpuitioa, ordivmpancies-dwt UddarhaA dmr o ve red in the M ding Drt a um a nta and the w citta n re go Lrtsa n the re o f b y Bagine a r is a cc e ptable to Bid der. I Me flydding D•;,:wuanh=an. generally 9dficientb, indicate: and caarocyundandanding of alltam:s:ind condikia;ter Ike pe&nr:ance ufilreWurhforwlrilitIL6BiiIisanabmitled. K Wdererrll-nth cavrrifenavilence ofitomathorityto do bannet4,nthe Aste whets the Nfiectit`ur,:a*.eti nu btitrLgon the data, r,fitsever Minn oftho Agmament. 4.01 Bidderfadherropmeentethatc A. 'lite price ainthisBid hava baanaaivedatiedependently, without eansukatinn,communiration. cragmerr:enta@t6 anymattenareiatirg to such prioeswithany otherl3idderorwith any compatiturfArthe piupow, r,{ttiedre a: A 'Ore prrCea+satfd-%d have notorwi0.nuthe UtowinglydiaCLrsedio aneot7rartkdderortumpsti;rpry r+.:,.ipaauu; of C. Ko atttampt haebeenrr.ade orwshba made by the Biddmrto irduea any othorpermn orfimc to euhn:if orrot.Ut aathmitn Ilial thrthe purpoea ofrestrie-ting compattit ri. 4.02 Aiderundenaandsthatthe lawmaynagnie the Owner. or Flr,:inearatthe Ownersdirectinn to unce.tslna on invastigadonandatbcritanevahradoncone. amingBidderazerponoirane%�,mRunsabftrt oadquaVrCationsbefo:sa,cardalga contract. Bidderliomb.,iwaiceaanyandallc.lain.ofwhatevernatuer.,agaiu4Uwnar,fhginpurandth&*ew-plo,t:esanA. agerds, whi-,hari* outofurzelate to anrhhi-weA n6unand evahratiun,and Ytatamsnt-i we do rasa aasaltf'siemoLrrceptfor statemanUthat can be ohownhyclearand convincing evidence to he irtentianak-false and made wiitae'u-ainrnli:e. Nothiap inthianntaasrnphisiintandad to reetrictBddeinrig�htstr. chalkn9a a corttractpuisnanttolaw. 5.01 Biddorv:Alcou:plaiethe 'Weicinnocordancewitbthe Contract Documenteforthefb&wirsgpaee(e1; ARspocTr ra4haIlorvnnceeare included inthe price(s)setfoxthbelow and have heenromputed ineetor'arce with Paragraph lt.ir2nfthe GenotolCondiliona. Unix Pric eshave been r. o mputed in acc oalarw a with Pumgtaph 11.43.B ufthe Ca neral Candid. na Bidderacknoa-lydr;ewthateFnnatsd qua ntkiaFare not guanntaad. and aw solelrfordta purpiea cl: ompadsonof Beds, acrd fi:alpaymentfor allUni Price Bid itemewil>ba baead on actnaIqua ntitiaspmvHod,detetmme A as provided Pio. Mom lbrits Qtq Unit Pska TnvtlPeea PAKI'1 - MNTPARi3y O WT 1 Ado BRYAAMON 13 1 $ .1715.00 s1715-00 w 'REMOVE BIELIM ISPAVEWEN'T ST 420 $ 3.50 $ 1470.011 3 RlWOVECflNCKE VIRB>T= IF 170 $ 5 an .� $ 85n_no i REMOVE CONC11M. DIVAIK W 1300 $ .40 $ 520.00 5 REMOVER I)SAWAGE'.a'8GN Rk 2 $ 40.00 _- $ 80.00 s COMMON EKOAVATDN (EV) CY 93 $1§,Q0 _ s1520.00 7 4"NOti-PERFORAM)PVC PIPEMMA1D]NCONDILUSCFI IF b0 $ 10.00 - 800.00 40 8 GEDWMEFAB1l1C, TYPE V Sy 42o $ 1.25 $ 525.00 r ACC PLF AT':AA8t,Clr1b`ti3 iN e00 $ 1F.00 $ 4160 00 ' 204.0 %I-tec 1 10$0812 004_19-2 Mporm Na. &m Anav Qty Unit I e 0, 7krta 1 i'Rie r 10 C 0 NC FM ClXB AND G LMW IF ISO $ 20.50 $ , 075 Q,0 II »rn%I W) INMA'PKW,R)HIACKV(MAT GAI, 21 s 7.00 175-00 12 TYPESP12.5N0XWFAF-KGCQCRS'E; 11 RKM(2,5) T4 or 1) $ 90.QQ _-- S 4.500-40 18 'IYNN:w95wkAwc:c'01"H., E.N1r ,.,fIL"12,rAi 24 50 $92.00 $4600-00 14 4" C O NC RF7E MF.W Aix SF 1200 $ 6.25 $ 7500.00 15 0"TIVCKC0NC1iFW:WAIRFT) RPEDkTRIANCi'RB RAMP �F G5 $ 9.50 S 617.5'50 16 '1NI NCAIM 11011EPAN- 9, $ 900.00 4 $ Z6-00. _ $ QQ,0-CL_ 17 4" 80 UD IA4E WHFIB PAINT IF 340 $ 35 $ 119-0Q 18 PAVWUM-MEWAG Z ADA PARHM' EA Y $ 55.00 $ 110.00 19 ADA WXFANUS FA 2 $230.00_--_--_ $460.00 20 inDROSFMWMIMUICH sY 120 $ 8-00 $ 960-00 21 PRF%1ILMI0P90FLBORROW(CDEMt(IV) CY 20 $ 50.00 1000.00 12 SMHN-WhWhx(%%MHPH MPHRO0Al) HK 5 $ 110.00 $ 550.00 ss ;n'FE pw) lnO W (:41 2 $ 100.00 100.0 '20C,00 'DUTALPAFtTL • EMONTPAM3NG MT rS�� PAKr2 . WAR PAFM FC 10T 24 MOSUFAIMN Is 1 $ 7000.00 s 7000-00 '7/ 0 Z 0, C-) L.3 25 REVlOVEBF1CPi INOISPAVFMEN''T SY 8600 $ 2.70 $ 26 MMOVEEOLMINOLECURB FF ISO $ 6.00 780.00 27 SA VC UrBFF(110NO S PAVEMENT IF 5o $ 5.00 $ 250-00 _ 28 C0M.M0:vFXCAVAMD N(IM c 1445 $ 11.00 _ $ 15895.00 29 CO REDRULCO, N-111ro'FX) EXUENG MRF419EWER 1•A s $ 450.00 $ 1350.00 90 4" PEHFO RKMD PVC DRAIN -UA SC H 40, WMi 90 C K FF 90 $ 10.00 $ 900.00 31 C.Fl7'FWMFAB R1 .n?EV syr 2600 $ 1.25 � $ 3250.00 . 12 SELECTGRANUAR BORROW (MODEM] '>h 1890 $ 10.50 45.00 3 19845.00 ,D25149aatec L-363,612 00410-3 BDFDM No. Item U.Uhb Qty Unit PAC a 7bURI lli*k 93 AGGRI•T,AIEBe RCLAS56 w 1280 $ $_17540.0(} 34 CONCIMECGL3RBANDGUM Lir 130 $.��. 35 T"C0NCRMPAD SF 440 $ 9.75 $ 4290.00 39 BMW ]N0LS11A'MILMRIACKCOAT GAL 140 $ 6.00 _ s 840-00 87PRSP 12.5'ivONLVF]+IRLV'f; COME NIDLIIIRF {2,R) 7Id 860 $,_ $900{x.00 3B rNE9'9.5WFARNGC0URE I4MRMf$,D 74 m $ 78.04 s_ 62 130.OQ 39 4' SO 13D LKE WEE - PAINT LF 560 $ ..20 $ 112.00 40 lfff)ROWZ)WlMlMLqrll W so $ 8.00 $ 640.00 41 YRFA40.0 T) P.901LBO RRO W (4" DMY H) (LW) Cy 15 $ 50.00 $ 750.00 42 INIEI`PROIEC71M Ba 3 $ 100.00 $ 300.00 43 ADRUWAIEv_9DJE FA 1 $ 200.00 $ 200-00 44 ADJUSHKEENG CASING WfI INMV RINGS M 2 $ 250.00 ti,_24& GT 4s SBiEMWEEPMMMiPEU?BROOM) }Bt 5 $ 110.00 $ 550.00 46 IPrIErPR0 W MON FSA 2 $ 100.00 _ 701XLPART2 - BEARPAI ENG IDT BB7 S{ MAM 1OTk .PAIt1 i . EWNTPABlMU MT 4 , d • o S . 36,006.00 7107ri1.1'A1C1"s . W&IMA1 Mr. WT r f [ O'7 Pc $ 149.697.00 MTALdtltf + 6610 f . 185,703.D0 C,,p q-ste,tpec- � i'a.-i.M.0 :Y.:b9.812 MC 1-0-4 hSIP7R1K 6.01 W1oragtee ittlurtihe Woikwllbe Sub9antial4v Cornplmed and r omisleted and mddyforliinaIPayment, in a craze ance with Paragraph 14.07.8ofthe Gene mIConditions on torbeibm the date a orwithinthe numb erofealendar dapaindicated k: the Agreement. 662 BHi'eraezepi-6the pwvissiansofthe Agn>emeuLasio iiqubiated damages it the eventaffafitua to rourplete the Wo+wi$:ut tl:e th:es:uppcifed above,whichslraIlie stated iu tfw Agreement. 7.01 Me folbwiag doe umerrWare attaclie d to and inadp a c:onclilurnofthis,Rd: A. Fisgaim d Ild Seeurity it] the form af5pen:ant. 6.Ul Me termsused inthis Bid with initialcapita Ile tteishave the mPaningsisioted in the instructiflnsto Bidders, the G e nerd 1 C o nditio ns, and the Supple menta ry C o uditu, ns. >f Bidde r le: A Carporation SLESMM on— April 15 2014. CorporatbnName: Interstate. Pavement Maintenance ___(SEAU Stan+ ofllcorporation: Minnesota Type (6enerdIBusin fe :ynice, limited Iiab>'kiy): Service n tune ) Name (typed orprinted): Erik P. Paulson 'Hide: Division Manan er i Atte et (w bnrp0UsW SCC re tory) Business SteetAddress (No P.O. Box#'s): 20920 Forest Rd. North, Forest Lake, MN 55025 Rw ne No.: 8.51-765-0765 lax No .: 651-407,-0609 e-maladdrerw erik@interstateam.com 20 ".4 .`'?.0 r tr. t. 1 193801$12 00 41 10.6 EM K) BSI Bid Bond 2146900 Docurn n 1 FTM — 201 CONTRACTOR: (Name, legal status and address) Interstate Removal Co. DBA Interstate Pavement Maintenance 20920 Forest Rd N Forest Lake, MN 55025-9767 OWNER: .(Name, legal status and address) City of New Hope 4401 Xyion Ave N New Hope BOND AMOUNT: $ SURETY: ('frame, legal status and principal place of 7nrsinews) West Bend Mutual Insurance Company 6401 Greenway Blvd, Ste 1100 Middleton, WI 53562 I MN 55426-4843 Five Percent of the Amount Bid PROJECT: (Name, location or address, and Project mnrrber, if any) Fire Station Parking Lot Improvements removal and replacement of existing parking lots and adjacent sidewalk 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 Con tractor within the time specified in the bid documents, or within such time period as may be agreed to by the O Amer and Contractor, and the Contractor either (1) 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 anotherparty 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 shalt 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 tcrtn Owner shall be. deemed to be Contractor. When this Bond hasbeen furnished to comply with a statutoryor 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 fumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line In the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an afkomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Init +YARMNG: 1105 APA' iintuirwm I +_:sti s (! ,.�'.: r; f� r,e J `Fi( r� Y,[;l±. .- 6`t6b .AIA` tYrmmirl4l., m mob, ovwM ep air L� . This daturriont Was produced by l AIA software at 14:45.31 on 02/1412014 under Order N"893027031_1 which expires on 0211V2015, and is not For resale. U.- er Notes: ('iu9956-1180) Signed and sealed this 11 day of April, 2014 (LiTitrress) Interstate Removal Co. DBA Intsrstate Pavement (Contr dor as ) (Seal) I-T."'Ado, 0�7, Aw� mtle)Dumb, CFO G West Bend utual Insurance Company et (Seal; (Title) THOMAS CARNE orney-In-Fact Inst �•�. .. z_.:-. �. ., .y ..._ j _-_'.!c �-:•_;i- 4C ;i:. trs y,-.,; w, ri .1 r. .'.0 G,r ,• ��.� r, Ls i+i _�. ..L.. '?L i......P. � .r Ii C'ii �", AIA E 14 <c , ,IA 02114 � i _ :'•; i� ...� .. P.1 .I ' ,t :_ �. _ , [,L_ i..,' -,._:.., This document was produced by User Notes: .48 AIsvflware 31 on !2014 under Order Nv.9883027031_1 which expires on 021160015, and Is not for resale, a t 1899567 190) WEBT B�I�iC"� A IHUTt1AL E UR ! COiNPAp1Y' 2146900 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: THOMAS CARNEY lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Seven Million Dollars ($7,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-ln-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attomey or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary th)s 1st da arch, 2009. Attest Ja a J. Pa :� Kevin A. Steiner Se taryV-.4 SEAI. 3 Chief Executive Officer l President State of Wisconsin County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. *O�NOTARY�4s Joh well ykv ; -; PUBfJC zi Executive Vice President - Chief Legal Officer �; •.. 0? Notary Public, Washington Co. WI O� �y1SGf` My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Send, Wisconsin this 11 day of April , 2014 SFAL Dale J. Kent Executive Vice President - Chief Financial Officer NOTICE: Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 P.O. Box 620976 Middleton, WI 53562 ph (608) 410-3410 . www_thesilveriining.com INDIVIDUAL STATE OF )SS. COUNTY OF — - ISS. On this day of P before me personally appeared to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that he/she executed the same in his/her individual capacity. 1 CO PARTNERSHIP STATE OF SSS: COUNTY OF _-- On this day of before me personally appeared to me known and known to me to be one of the firm of described in and who executed the foregoing instrument and he/she thereupon acknowledged to me that he/she executed the same as and for the act and deed of said firm. Notary Public CORPORATE STATE OF Minnesota . ....ISS: COUNTY OF Washington T ) On this 11th day of ,a01 _ 2014 before me personally appeared Greg Dumke to me known, who, being by me first duly sworn, did depose and say that he/she resides in Forest Lake, MN _,_; that he/she Is the CI=O of Interstate Removal Co. DBA Interstate Pavement Maintenance the corporation described in and which executed the foregoing instrument; that he/she,knows the corporate seal of said corporation; that the corporate seal - affixed to said instrument is such corporate seal; that R was so affixed by order and authority of the Board of Directors of said corporation, and that helshe gigned Wher name )heroo by like order and authority. asMELANIE ANN SCHAEPPI Notary Public NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2016 SURETY OFiilinneso a COUNTY OF Washington IS5' I, Melanie 5chaeppi Notary Public of Chisago County., in the State of Minnesota do hereby certify that Tho,mas_IIEI_Carney.-. Attorney -in -Fact, of the. West Bend Mutual Insurance Company _ who is 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/she signed, sealed and delivered said instrument, for and on behalf of the, West Bend Mutual Insurance Company for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Forest Lake in said County, this 11th day of April . /' ?,914 _ a til titit-... titi1-`ti�� a ' • r f NOTARYv MINNESOTA t (3 Stantec BIDDER: Minnesota Roadways Co. DOCUMENT 0041 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hail 4401 Xylon Avenue North New :lope, 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 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 Instrjc{ions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subect 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 she Bidding Documents, and the following Addenda. receipt of ail which is hereby acknowledged: Addendum Number 9..- ON - B. Bidder has visited the Site and become familiar with and >s satisfied as to the general, local, ana 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 c:urefuliy stud;ed all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions In or reiating to existing surface or subsurface strictures at. or contiguous to, the Site (except Underground Facilities; which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmentai Conditions that have been identifred:n 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 'inderground 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, inciuding applying the specific means, methods, techniques, sequences, and procedures of construcfon 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 prices; Bid oral within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 0 2014 Stantac , 193801812 0041 10-1 BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understand;ng of all terms and conditions for the performance of the Work for which this Sid is submitted. K. Nader 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 executior 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 B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of 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 on 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 clear and convincing evidence to be intentionally false and made with actual malice. Nothinq in this Darogrooh is intended to restrict Bidders rinhts 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 priceis} set forth below and have been computed in accordance With Paragraph 11.02 of the General Conditions. Unit Prices have beer computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantifies are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for ali Unit Price Bid items will be based on actual quantities provided, determined as provided No. Item Units Qty Unt Price Total Price PART 1 - FRONT PARKING LOT I MOBILIZATION 2 REMOVE BITUMINOUS PAVEMENT 3 REMOVE CONCRETE CURS & GUTTER 4 REMOVE CONCRETE SIDEWALK 5 REMOVE AND SALVAGE SiGN b COMMON EXCAVATION (EV) LS 1 $ 1450.00 $ 1450.00 SY 420 $ 2.50 $1050.00 LF 170 $ 5.00 $ 850.00 SF 1300 $1.00 $1300.00 EA 2 $ 50.00 $100.00 CY 95 $30.00 $ 2850.00 7 4" NON -PERFORATED PVC Pi PE iRRiGATiON CONDUIT, SCH LF SO $ 3.00 $ 240.00 40 8 GEOTEXTILE FABR C, TYPE V SY 420 $1.00 $ 420.00 9 AGGREGATE BASE, CLASS 5 TN 260 $10.15 $ 2639.00 0 2014 5tantec � 193801812 0041 10-2 B;D FORM 10 CONCRETE CURB AND GUTTER LF I50 $ 22.65 $ 3397.50 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 $ 2.50 $ 62.50 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 $112.00 $ 5600.00 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 50 $125.00 $ 62660.00 14 4" CONCRETE SIDEWALK SF 1.200 $ 5.60 $ 6720.00 15 6' THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 $ 6.15 $399.75 16 TRUNCATED DOME PANEL 5F B $ 3'6.50 $292.00 17 4' SOLID LINE, WHITE - PAINT LF 340 $ O -C)0 $ 306.00 18 PAVEMENT MESSAGE, ADA PARKING EA 2 $ 30.00 $ 60.00 19 ADA SIGN PANELS EA 2 $80.00 $160.00 20 HYDROSEED WITH MULCH SY 120 $ 4.35 $ 522.00 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 20 $ 22.00 $ 440.00 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ 50.00 $ 225Q,QQ� 23 ft -ET PROTECTION EA 2 $ 200.00 $400.00 TOTAL PART 1 - FRONT PARKING LOT $ 35,7'668.75 PART 2 - REAR PARKING LOT 24 MOBILIZATION LS 1 $ 2890.00^ _ $ 2890.00 25 REMOVE BITUMINOUS PAVEMENT SY 2600 $ 3.5Q $ _9100.00 26 REMOVE BITUMINOUS CURB LF 130 $5.00 $ 650.00 27 SAWCUT BITUMINOUS PAVEMENT LF 50 $ 3.00 $150.00 28 COMMON EXCAVATION (EV) CY 1445 $ 24.50 $ 35.402.50 29 CORE DRILL CONFECTION TO EXISTING STORM SEWER EA 3 $ 250.00 $ 750.00 30 C PERFORATED PVC DRAINT:LE, SCH 40, WITH SOCK LF 90 $ 2.00 $180.00 31 GEOTEXTILE FABRIC, TYPE V SY 2600 $1.00 $ 2600.00 32 SELECT GRANULAR BORROW (MODIFiED) TN 1890 $ 8M $16.688.70 0 2014 Stantec 1 193801812 0041 10-3 BA FORM 33 AGGREGATE BASE, CLASS 5 34 CONCRETE CURB AND GUTTER 35 T' CONCRETE PAD 36 BITUMINOUS MATERIAL FOR TACK COAT 37 TYPE SP 12,5 NONWEARING COURSE MIXTURE (2,B) 38 TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) 39 4" SOLID LINE, WHITE - PAINT 40 VYDROSEED WITH MULCH 41 PREMIQM TOPSOIL BORROW (4" DEPTH) (LV) 42 INLET PROTECTION 43 ADJUST GATE VALVE 44 ADJUST EXISTING CASTING WITH NEW RINGS 45 STREET SWEEPER (WITH PICKUP BROOM) 46 INLET PROTECTION TOTAL PART 2 - REAR PARKING LOT BID SUMMARY: TOTAL PART 9 - FRONT PARKING LOT TOTAL PART 2 - REAR PARKING LOT TOTAL BID TN 1260 $10.93 $13.771.80 R LF 130 $ 23.75 $ 3087.50 SF 440 $ 6.70 $ 2948.00 GAL 140 $ 2.50� $ 350.00 TN 500 $ 72.35 $ 36.175.00 TN 335 $ 82.05 $27,486.75 LF 560 $ 0.55 $308.00 SY 8o $ 6.00 $ 480.00 CY 15 $ 22.00 $ 330.00 EA 3 $100.00 $ 300.00 EA 1 $150.00 $150.00 EA 2 $300.00 $ 600,00 HR 5 $ 50.00 $ 250.00 EA 2 $100.00 $ 2QQ.00� $154,848.25 $ 35,758.75 $154,848.25 $190.607.00 ® 2014 Stantec 193801812 0041 10-4 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 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: SUBMITTED on April 15 , 2014. Corporation Name: Minnesota Roadways Co. (SEAL) State of Incorporation: ___ Minnesota _..o._ Type (General Business, Professional, Service, LI - ed Liability): C Cam By: , f� (Signature) Name (typed or printed): _Tam Underdahl Title: President_ _ Attes(CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box Ws): 4370 Valley Industrial Blvd. S., Shakopee, MN 55379 Phone No.: 952-496-2651 l=ax No.: 952-496-2522 e-mail address: HmdCaamnroadwaYs.com ® 2014 Simtee 1 193801812 0041 1.0-5 BID FORM 1..'RIX' IF PENAL SUM FORM DOCUMENT 00 43 13 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): MINNESOTA ROADWAYS CO. 4370 VALLEY INDUSTRIAL BLVD. SOUTH SHAKOPEE, MN 55379 SURETY (Nome, and Address of Principal Place of Business): NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET MANCHESTER, NH 03101 OWNER (Name and Address): CITY OF NEW HOPE 4441 XYLON AVENUE NORTH NEW HOPE, MN 55428 BID Bid Due Date: APRIL 15TH, 2014 Description (Project Name— Include Location): Fire Station Parking Lot Improvements, New Hope, Minnesota BOND Bond Number: Date: APRIL 15TH, 2014 Penal sum FIVE PERCENT OF THE AMOUNT OF THE ATTACHED BID $ ---- —------ 5% ----------- ---- (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY MINNESOTA ROADWAYS CO. (Seal) NORTH AMERICAN SPECIALTY INSURANCE COMP/�,�leal) Bidder's Name and Corporate Seal By: Signature ;5iyt Z112 Print Name Attest: S 7 Signature Title Surety's Name and Corporate Seal By: + Signature (Attach Power of Attorney) ANDREW P. KRANE Print Name ATTORNEY-IN-FACT Title WITNESS bi-. d Signature Title EICDC' C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers joint Contract Documents committee. 004313-1 Es��t j�. "' PENAL SUM FORM Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall EJCDC C-430, Bid Bond (Penal Sum Form). Published 2073. Prepared by the Engineers Joint Contract Documents Committee. 004313-2 PENAL SUM FORM govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. END OF DOCUMENT EJCDC' G430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. 004313-3 ACKNOWLEDGMENT OF SURETY State of Minnesota) County of Carver ) On this 15th of April, 2014, before me personally appeared ANDREW P. KRANE to me known, who, being by me duly sworn, did depose and say: that s/he resides at Minnetonka. Minnesota, that s/he is the Attorney -in -Fact of NORTH AMERICAN SPECIALTY INSURANCE COMPANY, the corporation described in and which executed the annexed instrument; that s/he knows the corporate 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; that s/he signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed it assets as ascertained in the manner provided by law. #�l-t- 00 '1 A Notary Public ACKNOWLEDGMENT OF CORPORATION State of Minnesota ) County of &&tt ) On the 15th day of April, 2014, before me personally appeared to me known, who being by me first duly sworn, did depMeja6l* d say that s/he resides in Ali , that s/he is the of MINNESOTA ROADWAYS CO., the corporation described in and which executed the foregoing instrument; that s/he knows the corporate seal of said corporation, that the corporate seal affixed to said instrument is such corporate seal, that it was so affixed by order and authority of the Board of directors of said corporation, and that s/he signed his/her name thereto by like order and authority. PAIM£LA E. KLINE COMM. 020452424 Notary Public Mate of Minneeote POIfA1111tI0n Irei 1131019 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RICHARD J. AHMANN, III, GARY McBRIDE, CARL GODZIEK, BARBARA L. RAEDEKE ANDREW P. KRANE, MARY JO DINGWALL, SEAN McBRIDE and DEAN R. HILDEBRANDT JOINTLY OR SEWRALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FI1TY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9* of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the sea] of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." us By o'Isi t a: t i x Steven P. Anderson, Senior Vice President orwasbingtan International Immras ce Campeny �� 1973 & Senior Vice President of North America Specialty Insurance Company By ,� David hL Myrna% Via Praoldoat of Was ihoon International insurance Company & Vice President or Nor& Amarkan Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisth day of October , 2013 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 7th day of October , 2013 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. rD )RI113A alEWONNAD.SCIS otary Public, State of Illinois X Cain urea ItIi06013 Donna D. Sklens, Notary Public I, Jeffrey Goldberg —the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15thday of Aixii , 2014 Jeffrey CW.o•6er& Vice President & Assistant saxamyof Washington International Insurance Company & North Anwian Specialty insurance Company StanteC BIDDER: ]ar- kwes- - IlAspLna l� , 1w— DOC::MENT 00 41 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CITY PROJECT NO. 920 STANTEC PROJEC, NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID iS SUBMITTED TO: City of New Hope City Hail 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this 3id is cccepted, 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 ?Dumber Asa^i• r - 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 a', or cont':guous 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 ccref ully studied (or accepts the consequences for not doing so) al; addisiona: or supplementary examinations, investigations, exp:orations, tests, studies, and data concerning ccrdiffors ;surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may offec' cost, progress, or performance of the work or which re:ate to any aspect of the -nears, methods, techniques, sequences, and procedures of construction to be employed cy Bidder, including appiy'ng the specific means, methods, tec:nnlques, sequences, and procedures of construction expressly required by the B:dc!"ng Documents to be emp;oyed by 3idder, and safety precautions and programs incident thereto. F. Bidder does not consider that any furher excmirat:ons, investigarons, explorations, tests, studies, or data are necessary for the oetermiration of this Bid for pe�formcnce of the Work at the pricers; Bid and within the times and in accordance with the other terms and conditions of the B'dding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others a' the Site t^a'relates to the Work as indicated in the Bidding Documents. @ 2014 $tantec 193801832 0041 10-1 BID FORM. H. Bidder has corre:ated 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 giver. Engineer written notice of all conflicts, errors, ambiguit'.es, or discrepancies that Bidder has discovered in the Badding 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 subm`.tted. K. Bidder will submit w^tten evidence of its authority to do b:;siness in t^e 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 a~ with any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingiy disclosed to any other Bidder or competitor prior to opening of 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 thei~ employees and agents, which arise out of or relate to such investigation and eval-jation, 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 actua! mance. Nothinq 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 ' 1.C2 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed. and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided No. Item Units Qfy Unit Price Total Price PART 1 - FRONT PARKING LOT 1 MOBILIZATION 2 REMOVE B17UMINOUS PAVEMENT 3 REMOVE CONCRETE CURB & GUTTER C! 7�THvIxefoP►ral 7at*91A7:R9_1KA 5 REMOVE AND SA'VAG- SIGN LS 1 $ • Ct SY 420 $ -3.15 LF 170 $ S. 0-c> SF 1300 $ -775 EA 2 $ 6 COMMON EXCAVATION (EV) CY 95 $ z5 -co 7 4" NON -PERFORATED PVC PIPE ;RR.GATION CONDUT, SCF LF 80 $ (§.UD — 40 C� k � 8 GEOTEX`iLE FABRIC, TYPE V SY 420 $ . ✓ 9 AGGREGA'r BASE, CLASS 5 TN 260 $ + 0 2014 Stantec 193801812 CO 41 10 - 2 $,cam $ cm 5.0� $ Z 3-1 S. -00 � $ �![0 . $ 4 1 15 .U'tD $ LA$q up BID FCRM No. Item M CONCRETE CURB AND GUTTER 11 BITUMINOUS MATERIAL FOR TACK COAT 12 TYPE SP i 2.5 NONWEAR?NG COURSE MIXTURE (2,B) ..3 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 14 4" CONCRETE SIDEWALK 15 N' THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP 16 TRUNCATED DOME PANEL 17 4" SOLID 'LINE, WHITE- PAINT 18 PAVEMENT MESSAGE, ADA PAR{ING 19 ADA SIGN PANELS 20 HYDROSEED WITH MULCH 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV] 22 STREET SWEEPER (WITH PICKUP BROOM) 23 INLET PROTECTION TOTAL PART 1 - FRONT PARKING LOT PART 2 - BEAR PARKING LOT 24 MOBILIZATION 25 REMOVE BITUMINOUS PAVEMENT 26 REMOVE BITUMINOUS CJRB 27 SAWCUT BITUMINOUS PAVEMENT 28 COMMON EXCAVATION (FV) 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER 30 4" PERFORATED PVC DRA.N-ILE, SCH 40, W TH SOCK 31 GEOTEXTt_E FABR'C, TYPE V 32 SELECT GRANULAR BORROW (MODIFIED) Units Qty Unit Price Total Price I SY 2600 $ �. $ I&S 1,500 GAL 25 $ In $ 2b0.6� TN 50 $ 10 2. $ 5�Ics� TN' 50 $ i iE -� $ 57d• SF 1200 $ $ �n •� SF 65 $ 545 $ 342� - 5 SF 8 $ 50.�! $ d r LF 340 $ n $ EA 2 4.� $ i 1. iii $ -3 0. 6D EA 2 $ 225 • rfJ $ �, 5a •rs� SY 120 $l $ '360. OD CY 20 ,�0G00 $ 00 4 $ . -Do HR 5 $ 12b , $(000. s EA 2 $ 120-V> $ LS $ $ -3Lm y7 SY 2600 $ �. $ I&S 1,500 LF 130 $ ` . c�'c2 $ Lk . LF 50 $'l� $ 2c3o -Y1445 $ $ 2L�,�i3Z,.� EA 3 $ 3op1gp $Q�,�v L; 9c $ IFS• 6-D, $ 1� d SY 2600 $1.10 $ 2 3'a0,6b TN 1890 $ 1,13-5 $ 432, 207Lsv 02014Stantec 1193BO1812 004110-3 BID FORM No. Rem Units Qty Unit Price Total Price 33 AGGREGATE BASE, CLASS 5 TN 1250 $ $ 34 CONCRETE CURB AND GUTTER LF 13C $ $ 1. O 35 7' CONCRETE PAD SF 44C $ _ _ 5. � o $ *Z5 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 $_ -3.56 $� 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 500 $ . (p $ 38 TYPE SP 4.5 WEARING COURSE MIXTURE (2,E) TN 335 $ •� d $� Q 39 47SOLID LINE, WHITE -PAINT LF 56C $ + ✓ ci $ +� 40 HYDROSEED WITH MJLCH SY 80 $ $_ Z40.0 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 15 p _ $ �L -CSC) 42 INLET PROTECTION EA 3 $ 1 LU -UJ $ _S(A0-dD 43 ADJUST GATE VALVE EA $A $ M) +V V 44 ADJUST EXISTING CASTiNG WITH NEW RINGS EA 2 $ ,5.7 .1'�r $ c 1 Om -CID 45 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $�a .n $ (306•UP 46 !NLET PROTECTION EA 2 n0-fJ $ 120- $ ,qc).w TOTAL PART 2 - REAR PARKING LOT $ I (,R J4 S. 0—') BID SUMMARY: TOTAL PART 1 - FRONT PARKING LOT $ ._15 TOTAL PART 2 - REAR PARKING LOT $ t�0 6 •5 ,a -D TOTAL BID 02014Stantec 1193801812 0041 1.0-4 BID FORM 6.01 Bidder agrees that the Work will be Substantia:iy Completed and completed and ready for Flnoi 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 i, ;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. It Bidder Is: A Corporation t� SUBMITTED on P`�� 2014. Corporation Name: or VJ es,.A State of Incorporation: wV,U/l-SC3 Type (General Business, Professional, Service, Limited Liability): Geoezaj %w! ,✓1855 By: Name (typed or p(nted}: ,c��►V-\ r V%lJeAr-sold Title: Attest (CORPORATE SEAL) (Sig Corporate Secretary) Business Street Address (No P.O. Box #'s Phone No.: R 62445 l003 Fax NoJ: `1 51k LA AS 1016LO e-mail address: a DINW 61,SkA 1-1 020145tantec 1 193801812 004110-5 BID FORM NA CONTRACTOR: (Name, legal status and address) Northwest Asphalt, Inc. 1451 Stagecoach Road, Shakopee, MN 55379 OWNER: (Name legal status and address) LITYT OF NEW HOPE 4441 XYLON AVENUE NORTH NEW HOPE, MINNESOTA BOND AMOUNT: Bond No SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and principal place of business) 333 S. Wabash Avenue 41st Floor Chicago, IL 60644 5% FIVE PERCENT OF THE AMOUNT BID PROJECT: (Name, location or address, and Project number, if any) FERE STATION PARKING LOT IMPROVEMENTS NEW HOPE, MINNESOTA This document has important legal consequences_ Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 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 (1) 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_ 15TH APRIL 2014 Signed endd this day of , Northwest Asphalt, Inc. (Principal) t (Seal) (Witness) ZXZ4 40C/S (Atle) Michael B. Pfeiffer. Presid t �.� Wes#em urety Company {Sure (Seal) {Witness} e) Amy M ms, homey -in -Fact CAUTION: You should sign an original AIA Contract Document, on which this text pears in RED. An original assures that changes will not be obscured. Pirbifed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA DocumentA31 D - Bid Bond- 2010 Edition. CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF SCOTT On this 15TH day of APP 20'before me personally appeared Michael B. Pfeiffer to me known, who being by me duly sworn, did say that (s) he is President of the NORTHWEST ASPHALT, 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 his/her name thereto by like order. CYNTKIA LADZUN Notary Public (Notary Public) State of Minnesota My Commission Expires .ianuary 31, 2017 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 15TH day of AFRM , 2°1$efore me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that (s) he is the aforesaid Attorney -in -Fact of the WESTERN SURETY 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 on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation �,..- V (Notary Pu lic) MEAGAN MARIE Mi N HEl NOTARYPUBM.Mmki iA DIY COWIMIS M 49lPll#Ei9 O Mto NA/estern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AN 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 Amy M Burns, Todd A Kelsey, Meagan Manthei, Daniel R Boerboolln, Individually of BIoomington, 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 autbority 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 29th day of August, 2012. �*r�o WESTERN SURETY COMPANY =W1 x= aul T. Bruflat, Vice President State of South Dakota county of Minnehaha On this 29th day of August, 2012, before me personally came Paul T. Bruflar, 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 iu and which executed the above instrument; that he knows the seal of said corporation, that the sea] affixed to the said instrumettt is such corporate seat; 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 Sam to be the act and deed of said corporation. My commission expires- * s I J. MOHR June 23, 2015 f epee murARYPU9L1q sEah j SOUTH QAKOTA + + IIIIC !hl CERxMcATE J. Mohr, Notary Public I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do (hereby certify that the Power of Attorney hercinabove 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 afftxed the seal of the said corporation this 15TH day of APRIL 2014 fq� WESTERN SURETY COMPANY Vee, US'Al Fora r4zao-7-zolz L. on, Assistant Secretary 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 Presideut, 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 'Measurer 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. BIDDER.,1, Stantec DOCUMENT 00 41 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New slope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 I he undersigned Bidder proposes and agrees, if this Bid is cccepted, to enter Into an Agreement wltn Owner In the torm Included in the BldclMg Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times Indicated Ir. 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 deoling with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the 3id opening, or for such longer period of time that Badder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Badder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identlfled In the Bidding Documerts, and the following Addenda, receipt of all which Is hereby acknowledged: Addendum Number ... rfi. u - B. Bidder has visited the Site and become famifarwith and is satisfied as to the general, 'ocal, and Site condit!ons 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 Regu:otions that may affect cost. progress, and performance of the Work. D. Bidder has carefully studied al 1: (1) reports of expioratiors and tests of subsurface conations of, or contiguous to, the Site and a;l drawings of physical conditions ir. or re:afing 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 drow'ngs of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder hos obtained and carefully studied (or accepts the consequences for not doing so) ali additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground Facilities; at, w 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, seque^ces, 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 B;dd'ng Documents to be emp'oyed by Bidder, and safety precautlons 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 prices) Bid and within the times and in accordance with the other terms and conditions o° the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Sate that relates to the Work as indicated in the Bidding Documents. ( 2M14S'antec 193801812 00411C-1 BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigatipns, explorations, tests, studies, and doto 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 B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of 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 Owners direction, to undertake on investigation and submit on evaluation conceming Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and `.heir 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 Paroarooh 6 intended to restrict Bidders rights to chollenae a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following pdce(s): All specific cash allowances are Included in the prlce(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices hove been computed in accordance with Paragraph 11.03.8 of the General Condaons 02D142antec 1938018'2 004110-2 HID 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 No. Item Units Qty Unit Price Total Price PART 1 - FRONT PARKING LOT i MOBILIZATION LS 1 $ $ai0o 2 REMOVE BITUMINOUS PAVEMENT SY 420 $3-60 $ A, Q • C� 0 3 REMOVE CONCRETE CURB & GUTTER LF 170 $ d ' $ 00 4 REMOVE CONCRETE SIDEWALK SF 1300 $ b $ i qS0 • 0 5 REMOVE AND SALVAGE SIGN EA 2 $ a 5. a 0 /0 $ Igo, 0 0 6 COMMON EXCAVATION (EV, CY 95 $ 3 COZ 0 $ 3 a C) p 7 4" NON -PERFORATED PVC PIPE IRRIGAT ON CONDUIT, SCH LF BO $ 4. $ CO • 0 d 40 8 GEOTEXTILE FABRIC, TYPE V SY 420 $ a 0 $ . 8 �k o . 0 0 9 AGGREGATE BASE, CLASS 5 V 260 t $� 02D142antec 1938018'2 004110-2 HID FORM No. Item Units Qty Unit Prlce Total Price 10 CONCRETE CURB AND GUTTER LF 150 $ .O' 21. A in 25 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 $ G-00 $ j , ( 0 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 $ �. $ 3�a1� 3. rjQ 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 50 $ i� .' $_ 14 4" CONCRETE SIDEWALK 5F 1200 $ $ 5Lo Q . 00 15 6"THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 $ C7 d $ 45S" a U 16 TRUNCATED DOME PANEL SF 8 $ 3rJ. Q Q $-Z�2"O 17 4" SOLID LINE, WHITE - PAINT LF 340 $ o x5z $ no -00 18 PAVEMENT MESSAGE, ADA PARKING EA 2 $ 3S-00 $ b _ Q 19 ADA SIGN PANELS EA 2 $ _ . 6 n l0y $ o b . b V 4 20 HYDROSEED WITH MULCH SY 120 $ 3• 0 $ Q - 6 U 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 20 $ ';� S - 0 0 $ Soo . 0 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $10-S-0 $ sa S- V 23 INLET PROTECTION EA 2 $scx • V V $ p ) . 00 TOTAL PART 1 - FRONT PARKING LOT $ 35 B ,4-L ® 2014Stanlec 03Sow 2 0041 10-3 BID FORM PART 2 - REAR PARKING LOT 24 MOBILIZATION LS 1 $0-dt)$'zb 6 0v 25 REMOVE BITUMINOUS PAVEMENT SY 2600 $ o� $_I 1�j � . Q 0 26 REMOVE BITUMINOUS CURB LF 130 $ $ z -'S • C)Q 27 SAWCUT BITUMINOUS PAVEMENT LF 50 s5. -)S l3 $ _ 1 T 28 COMMON EXCAVATION (EV) CY 1445 $ $ (I -1 C� Q. • C) L) 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER EA 3 $ n • $ b 30 4" PERFORATED PVC DRAINTIL'c, SCH 40, WITH SOCK LF 90 /oi� $ -i 2 ' Q V $_� 31 GE07EXTILE FABRIC. TYPE V 5Y 260C $ 32 SELECT GRANULAR BORROW (MODIFIED) TN 1890 $ $ '2,0 ® 2014Stanlec 03Sow 2 0041 10-3 BID FORM 33 AGGREGATE BASE, CLASS 5 TN 1260 $1]_x-;W� $ -7lLq-t-LA 0 34 CONCRETE CURB AND GUTTER LF 130 $ Q@k, 0 O $ 26 0 O.O o 35 7" CONCRETE PAD SF 440 $ra, o b $ Z(.Ogb • o U 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 $S.80 $ -7()o .(7o 37 TYPE SP 12.5 NONWEAR:NG COURSE M!XTURE (2,B) TN 500 $ --I --i - of $ .3 (.D. (o3'S . 38 TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) TN 335 $ -7q • 2 $ -Z4 ., S 5 5. `i✓"� 39 4" SOLID LINE, WHITE - PAINT LF 560 $ • G✓' 0 $ Z 0 U 40 HYDROSEED WITH MULCH SY 80 $ 3, D d $ 41 PREMIUM TOPSOIL BORROW (,V' DEPTH) (LV) CY 15 $. Z4�)-O p $�2„0Q 42 INLET PROTECTION EA 3 /� $ A50, 010 $ 13 S O • b O 43 ADJUST GATE VALVE EA 1 $ 41 - o $ 44 ADJUST EXISTING CASTING WITH NEW RINGS EA 2 $ ;QS. Q $ �� U 45 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ _,Laa. o u $ �o���• b (� 46 INLET PROTECTION EA 2 $ ' T✓� • $ TOTAL PART 2 - REAR PARKING LOT $Q BID SUMMARY: TOTAL PART 1 - FRONT PARKING LOT $ TOTAL PART 2 - REAR PARKING LOT $ TOTAL BID $ ®2014Stontec 1193801812 0041 10-4 BID FORM 6,01 Bidder agrees that the Work w' -ii be Substantially Completed and competed and ready for Final Payment in accordance with Paragraph 14.07.8 of 'he General Condit;ons 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 B.d Security in the form of 5 percent. 8.01 The terms used in this Bid w;+h initial capital letters have the meanings stated in the Instructions to Bidders, the Genera; Conditions, and the Supplementary Conditions. if Bidder Is: A Corporation SUBMITTED ori APYi 2014. Corporation Name: VU ?AW ; J • (SEAL) State of Incorporation: I -N l Y1 n -Cs' a{y—, Type (Genera; Business, Professional, Service, Limited Liability): By: - [Signature) Name [typed or printed;: �CZ-�� +Ault -411 Title:1�� Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business�Stre'ret�AdcAss [No P.O. Box ()( e" rj � , M L"� SS340 Phone No ] LeS- 4_19- (pTl U Fax No.: -1 e-mail address: krLci►[j_ onsl _,k-4, •CJS 02014Stantec 1 193801812 004E 10-5 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A390 Bid Bald KNOWALL MEN BY THESE PRESENTS, THAT WE DM.I As0LWIt,. Inc.. T P.O.Box 186, Buffalo, IVIN 55313 as Principal, hereinafter railed the Principal, and Travelers Casualty and SuEW CompgD1 of America One Tower S uare Hartford. CT 06183 a corporation duty organized under the laws of the State of CT as. Surety, hereinafter called the Surety, are Feld and firmly bound unto Clty of thew Hope 4401 XvlonAvenue North, New -Hope MN 55428 as Obligee, hereinafter called the Obligee, In the sum of Five Percent ofAmourtt IBid Do lays ($ for the payment of which sum well and truly to he made; the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. 1AHEREAS, the Principal has submitted a bid for Fire Station Parking Lot Improvements; City Project No.: 920; Stantec I rated No.. 103801812 - -- _ NOW, THEREFORE, If the Obligee shall accept the bid of the Principal Arid the Principal shall .eater 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 - Contrect Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished In the pmsecution thereof, or inthe 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 gnd sealed this 15th day of affil , 2014 DMJ Asphalt halt, Inc jPffn V ` (�f�l@55C, � _ rya n '?�• 0¢ AIAL.DO4'`UM'NT A31D. s BSD 96ND • AIA • MRUARY 1070 = &TEIE-AMI McAN II�'f7T[ITE;f�1�A$CHTI'�F�'F$:1735 N.'Y,AVE.�1�i.FV.f WA3H1R(3�O1Y,1?.C.2i300G . WARNING,: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REI. BORDER 4, AMK PM OW Off` ATTO"X*f .r !,AItIELERSJ Farmington Casualty Corwen, St. Paul Mercury Insurance Company Fidelity and Guaranty Insuriance Company Travelers Casualty and Surety Company I4deli[y and Guaran;tylnmrance Underwriter$juc. travelers Casualty and Surety Company of America St.Paul Pire and Marine Innerance Company United States Fidelity and Guaranty Company St, Paul Guardian Insurance Company Attorkey-Tri Tract No. 22757Cerlin ate No.. 0 O 5 7 f O 6 15 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fre and Marine Insurance Company, St. Paul Guardian Insurance Cainpattat; St. Paul Memory lnsuraece Carnpauy; Tittbeter5 Casualty a,nd Surety Company, Txwialot's Casualty aid Surety Cgnlpm)y of Atnexica, and United, States Videlity And Gparatity Company are corporations truly Mpmzdd twdtu the low's of the Shirts of Copnecticut, that Vidblity and GumAhty Inautauce Cpriipnny is a cotpotatiott duly .organized tinder the Iaws of the State ofTowx, and that Fidelity arid. Gnarltnty Insurance Underwrittilrs, Inc., is a corporation duly organized under the laws of the State of Wisconsin Uiereai collectively called the `Vompanice'), and that the Companies do hereby make, constitute and appoint Bruce ]k. Tel ander, Donald R. Olson, John E. Tauer,11jida K, French, R. W. Frank, Craig Remick. Rachel Thomas, Nicole Stillingg, Joshua R. Loffis, Brian J. Oestitich, Sandra M. Doze, letnme T. Ouimet,: Christine M. Hansen, D.R. Dougherty, Jack Cedarleof H, Kurt C. Lundblad, Pamela T. Curran, and Kc11nda,C. Blodgett of the City of MinneapofisMinneapolis , State of Miliiless,ta their true and lawfid. Attorney(s)-iii-Fact each in their separate capacity if more than: one is named above, to sign, execute, seal and acknnwlcdge any and ail bonds, recognisances, cosi tiotml undertakings and outer writings obligatory in the nature thereof on Behalf of the Companies in their business of guaranteeing the fidelity;& persons, guaranteeing the performance of ceirtracts and a*ecuting, ui guaranteeing Bonds and undertakings tNuired or,perwitted in any actions or proceediaga allc*ed by law. IN NVITNIFSS WHEREOF, the Companies have caused this instrument to be signed andtiteir corporate seals to be hetztu tifLxcd, this day of AnuaTy 2014 Farmington Casualty Company Fidelity and Guaranty Jn=ance Company Melity and C"inaranty.Imsarance Underwriters, Inc. St: Paul Fite and Marine Iasnhtlnee Company s4rAuI Guardian lasumet Company 23rd St. Paul Mvcury'Insitragee Company 7ravelers.Camalty aAd Surety Company Trarders Camialty mid Surety Company ofAmericit United States Fidelity and Guaranty Company r .State of Connecticut By: City sof MirdbW ss. Robert L: Rangy,etao. Vice President On this the 23rd -dayof January 2014 bollim ins ..: personally appeared Robert L.1Zaney, who actatawlcdged himself to be the Senior Vice President orParmi%= Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guar*y InsuraneeU dr:rwriters, Inc.. St. Paul Fire and Marine Laurance Compaq, St. Paul Ouardian Tnsuranm, Cgntppity, St. i'aul lvlor�ury Iusiitnt�e Company, Ttgvelers Casualty mid Surety Company, Travelers t asnaity an#i Surety C'grnpaay of AtnelYcaand i3nitcd States lrrdelity and Guaranty Company, and that he; as sucb, being authorized so to do, eateeuted the foregoing instrument for the purposes therein cathtiathed by sigriit9g otil ltaIf of the coi�pOrations.by himself its a du.y authorized officer. 6��V yl In Witnew Wltertap(l ltereuntq set ,try hand and uPlicial stall. M) Comriris$iM expires the 30th. dity dJune, 2016. ` .>T .Merle C. TdtreaWt, Noug Public 58440-6-12 Printed in V.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REO BORDER WARNING: THIS TOWER OF ATTORNEY IS INVALID WITHOUI'THE RED BORDER Tiiis Power nfAttoritey.is granted under mud by the authority of the €ollowing resolution adopted b the Boatdsof Dim,Ctors of Farmiu � y Ston Casualty Company, Fidelity 3 and Guaranty Insurmnae Coitilfuny, Fidelity and Guaranty Insurance Underwriters, InC., SL Paul Fare and Marine Insurance Company, St. Paul Guardian Insurance Company, St.. Pail Mercury Insurance Company. Ttavekers Cwmty and Surdty Cotwpauy, 4iravelcm Casualty and Suroty Company of America, and United States Fidehiy.autl Guatartty Company. Vhich resolutions ate now in full force and effect, neadlogas follows: r RESOI ED, that the Chairman, the President, any Vlce Chairman, any Executive Tire President; any Senior Vice President, any Vice Ptesideart, any Second Vice President, the Mvasttrer, arty Assistant Titasuret, the CorpQrm Secreta* or any Assistant Srarctaty may appoint Attonwys in -fact and Agents to act for mud on beltalf of the Compaq and may giro such appointee such, att(1toxlty- as Itis or her certiitctut>< of pumarity may presctft to sign with the Company i name and seal with the Copipany's.seal bands, recpga!nncea,;conttacrp of indemnity.. and atter Wfltings obligakiryin the nature of a bund', recognixapaq, or condiilonal ttndertuking, and arty of said otcem or the Board df Dlrecteea at any time may remove any such appointee and revmke the power given him or her, and it is FT1RTM.1[� IMSOLVED, that the Chaiman, the 'President, any Vice Chairman, any lixecutive, Vice President, any Senior Nrrce President or any Vice President may delegate all or any part of the foregoing authority to ane pr more Wicers or employees of this Company, provided (hat each such delegation is in writing and a copy thereof is filed in the attiee, of the Secretary; and it is FUR:PH=RESOILVED, that any bond, tecognixaatce, contract of indemnity, or-wriiiing obligatory in the nature q£a bond, recognilzaact, or conditional undertaking shali.be valid and binding. upon rite Company when (a) Signed by the President, any Vita Chairman, any.Exteutive Vice President, any Senlor Vice President or any Vice presid ons, any Second Vice President, tiro "Preasurtr, any. Assistant Treaswr4, the Cotporatr: Secretary or tiny ?assistant Secretary and duly aueated and sealed with the Company's:sW by a Secretary or Assistant b'erretary; or, (la) duly exeeuted (under. seal, if rapired) by .one or more Attorneys -in -Viet and.Agants pittsuant to the power prescribed in his or her certificate or: their certificates of authority or by one or more Company officers pursuant to a writton delegation of authority; and it is PURTIIEfi RESOLVED, thnt the -signature of each of the fallowing officers: President, any Exccutiva Vire President, any Senior Vice Pteside:nt, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the sent of the Company may be. affixed by .facsimile to any Power of Attorney or to any certificate re etiag thereto appointing Rosident Vice Presiderits, 'Resident Assistant Sectetarles or Attornt yt-in-Fact for purposes only of executing and attesting bnndg and urAn akings and other writings obligatory in the nature thtzt:of, and sty Stmh Power of Attorney or certifwate bearing such facsimile signature or facsimile seal shall be validand binding upon tho Cornpany and any such pitiver to executed and ceui: W. by such fkcsimile signature and facsimile seal shat] be .valttl a nd binding on the Company in the future witb respect to any bond or understanding to which itis attached. I, RCvinB- Hugtres,the undersignod,Assistant Secretary, of Farmington Casualty Compshy, Fidelity nnd.Guaraaty Insuronce Company, Fidelity and Guaranty Insurancse Underwriters, -Inc., St. Paul Fire and Marine Insurance Compamy, St, Paw Guta,Yfian Insurance Company, St. Paud Mercury Insurance Company, Travelers Casualty and Surety:Campray, Travelers (:asualty and Surety Company of America, and United StatesFidAty and Groatauty Company do hereby certify that the above and foregoing is a tma and corset copy of the Pmveamf Attorney executed by said Compania. which ix to full force and effect and has.nut been revoked. IN TES7:Il1+ICM WHEREOF, I hair hereunto set my haiad and affixed the seals of said Companies this 15t1h ^ day of April 2d 4—. bg-14� Itevin E. Hughes, Assistant Secffliary b To verify the authenticity of this power of Attorney, call 18t) 421-3860 or, contact us at www.tr8veletsbc)gd.com.Flease refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the pow6r is attached. a G: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER RED 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 Treasures, 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 sea[ 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 Chainmen, any Executive We 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 scaled 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 Secretory, 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 Marino Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica, and United,States Fidelily'and Guaranty Company do hereby certify that the above and foregoing is a five and correct copy of the Power of Attorney executed by said Compan 4,:which:is in -hill force anid effect and has not been revoked. IN TFSTIMONY WHEREOF, I have hereunto set my hand and W.Acd the seals of saW d mpariles this 15th day of April 20 1 rat y Kevin E. Hughes, Assistant Sec Lary ! gFAgll ,sp h. �'.. web +8 : 0.N' ,fp •�"'.Ps• 4 F �y � td N?fes y:, •',F,'l3'. :_r .. % To serifr the: aa4iicnticity of t? is Power of Attorney, call I4800-421-3880 or contact us at www.travelersbond.com, Please refer to the Attorney -In -Fact number, the above- n individuals and the details of the bond to which the power is attached. ATTORNEY IS INVALID WITHOUT THE RED BORDER V'JARNOU—THIS POWER OF ATTORNEY IS 114VALID WITHOUT THE RED BORDER � ,,.�-��� f�•� ': fav � POWER OF AWOR"Y t �' •• � ,•� Farmblgtan: Caattnity convaiv 3t. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'Iiavelers Casualty and Surety Company Fidelity and Guaranty Insurancel nderwriters, Inc. Travelers Casualty and Surety Company of America SL Paul Fire ano Marine hwa ranee Company United States.TWIty and Guaranty Company St.:Faal Guardian lnmu =m Company Attorney In Fact No. 227574 4>XuTt mte No. 0 0 5 7 7 0 616 'KN()WW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance ■ Company, St.'Paul Mercury Iam anee Company, Travelers Casualty and Surely Company, Travelers Casualty and Surety Company of Ameca, and United Statins Fidelity .and. Guaranty .Company are crnporatip m duly. organized °vndor the laws of tht State of Connecticut, tiwt Fidelity and ©uammy Insu[aaCe CninPatzy is a corpora@on duty organized wider the laws of the State of Iowa; and that Ft'tdelity and I3Tt tty InsurWo Vx&rWz tess., Inc., is.a corporation duly Organized under the laws of the State of. Wisennsin (hetlkih collectively called tits "Compani:es'j, and that the Companies do hereby make, constitute and appoint ti Bruce N. Telander, Donald R. Olson, John E, Tatter, Linda X. French, R. W, Frank, Cruig Remick, Raehdl Thomas, Nicole Siglings, Joshua R. Loftis, h Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouirnet, Cbristine M. Hansen, D.R, Doughorty, Jack. Ccdatleaf ll, Cart C. Lundlilad., Pamela T. Curran, and Melinda C. Blodgett of the City of. Minneapolis State of,- Minnesota their true and lawful Anomey(s)-in-Pact, 11 Each to their separate capacky if mate than one is named above, to sign, execute, seat and adm6wletige any and all bondts,moagnizancM conditional. undertakings and 11J other writings obii atory in the nature theeof on: behalf of the Companies in their business Dfguartuitceing the fidelity of persons, guaranteeing the petfornaneeaf i y contracts and executing or guaranteeing bonds and undertath%s mgiared or permitted m enyaLtions or proceedings allowed bylaw. IN WirNESS WHEREOF, the Companies have caused this ipstrument,to be signed and their corporate seals to be hereto affixed, this 23rd day of. January 21314 Farmington Casualty Coutp,sny Fidelity and Guaranty lawrance CoMpapy Fidelity and Guaranty nsurspwe Underwrlters, Inc. $t. Phuil Fire itndl4larine 1AS&ance. G'ompony 13t.Ysul Guardian Dism-Abi:eCoMpaoy $tato of Coattacticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Tt 4'vvlers Cpsualty and Surety Company of America United States -Fidelity and Guaranty Company erumto ,Wo(61 T18 �sz~iaL. sy: Robert Y. Raney,eaiur Vice PpmWat On this the 23rd day of January 2014 , before me personally appe4red Robert L. Raney, who acknowledged himself to bo the $e4uit Viod i?io4oent of Pmrohimn C0611411y Co 0101y, FI&A ty and Gttt<taMY iusurante rompauy, sdaity add Guarauty,lmurancc'UrWUwritccs, lits:, St, Paul Vire. and Marine Insuranc* company, St. Paul Guardian Insmnaee Ci rapany, St. Paul Mmury ittsut, ski Compaq, Traveler3 Casualty and Surety Company, Travelers Casualty and Suraty Company of Ane&u, and United StateaPiddity and Guaranty Company, and that:he; as much) being authorized so to do, c=cuted'thc foregoing instrument for the purposes therein contained by signing on behalf of the corporations byhim.s& as a duly authorized officer: In Witness Whereof, i hereunto set my hand anis official seal, tiQ. My Commission expires the 30th day 0 June;, 20.14. 58440-8-12 ftnted in U.S:A, Mang C, .'Pgttcault, Pto�tuy,Puhtic ACKNOWLEDGMENT OF CORPORATION State of .NMNESOTA ss. County of \ } On this 15th before me appeared 44 being by me duly sworn., day of April 2014 , Of DMT ASPHALT, INC. , a corporation, that the seal affixed to the (T, f pro seal, so state, and strike out above as to corporate seal) and that said instr ent was exean"ted in be of said. corporation by authority of its Board of DiiectoYs; and that said C .il acknowledged •said. iwtrutntnt to be the free act and deed of said corporation. Pmnamnow Notary lett CountyL 6 M commission.ex es 1 31 116 d�latl+e � l} ACKNOWLEDGMENT OF CORPORATE SURETY State -cif NRNNESOTA } ) ss. County of HENNEPIN ) On this 15thday of April 2414 before me. -appe d Rachel Thomas � T , to me personally known, who, being by me duly swom, did say that she is the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , a corporatism, that the seal :affixed to the forogo ng instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its B.aard of Directors; and tttsaid Rachel Thomas a knowledged said. immment to be the flee act and deed of said corporation. Notary Public County, - •� MEUNQA C BLOpGETf NOiAaYAUI3LiC-IJiiNNE50TA My commission expires.: MYCOMMISSIONOMM010118 BIDDER' Aflew&'ae- Stantill DOCUMENT 00 41 10 BID FORM FIRE STATION PARKING :.OT IMPROVEMENTS CRY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North 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 times indicaied'n this Bid and in accordance with the other terms and conditions of the Bidd'ng Documents. 2.01 Bidder accepts oil 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: :.. :.. . u rr. B, Bidder has visited the Site and become familiar with and is satisfied as to the genercl, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is Tamil?ar with and is satisfied as to all federal, state, and local :aws and Regulations that may affect cosi, progress, and Performance of the Work. D. Bidder has carefully st:jdied all: (1) reports of explorations and tests of subsurface conditions at, or configuous to, the Site and all dra%Vngs of'physical conditions in or reiatirg to existing surface or subsurface structures at, or configuous 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 sol all addaioral or supplementary exam2natiors, investigations, explcraticrs, tests, studies, and data concerning conditions 'surface, subsurface, and Underground Facilit'.es) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or wnich relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, includ'.ng apply',ng the specific means, methods, techniques, sequences, and procedures of constrain lon expressly required oy 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, md'es, or data are .necessary for the determination of this Bid for performance of the Work at the prices) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 02014Stantac 1 193801812 004110-1 BID FORM H. Bidder has correlated the information known to Bidder,'nformation and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and a.; additional examinations, investlgatlons, explorations, tests, studies, and data w'th the Bidding Documents. i. Bidder has given Engineer written notice of all conf!!cts, errors, ambiguities, or discrepancies that B!dder 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 terns 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 stale where the Project is located not later Char. 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 resiricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of 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 qualificafions 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 -hereof, except for statements that can be shown by c'.ear 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 pricelsj: 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 11.031 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose o` comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided No. Hem Units Qty Unit Price Total Price PART 1 - FRONT PARKING LOT y G�+� 1 MOBILIZATION LS 1 $ r� 0 �`�G� $ �j ��' C-0 2 REMOVE BITUMINOUS PAVEMENT 3 REMOVE CONCRETE CURB & GUTTER 4 REMOVE CONCRETE SIDEWALK 5 REMOVE AND SALVAGE S!GN 6 COMMON EXCAVATION ;EV) SY 420 $ �` �J $ -P 0 `7.C-0 LF 170 $ J r ��/ $ ;L ;-(a a 06 t r� SF 1300 $ rt tl a B EA 2 $ CY 95 $ 7 4' NON -PER: ORATED PVC PIPE IRRIGATION CONDUIT, SCH LF 80 $ 40 8 GEOTEXTILE FABRIC, TYPE V S`.' 420 $ 9 AGGREGATE BASE, CLASS 5 TIN 260 $ 0 2014 Siantec 1 193801812 0041 10-2 0?.-?< I ,. W7 74.r,ry $ f i qA-- Q $ '�11 a to, 00 $ a b1i=o0 $ ;i, qG • 00 BID FORM No. Item 10 CONCRETE CURB AND GLITTER 11 BIT" MINOUS MATERIAL FOR TACK COAT 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) 13 TYPE SP 9.5 WEARING COi;RSE MIXTURE (2,B) 14 4" CONCRETE SIDEWALK 15 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP 16 TRUNCATED DOME PANEL 17 4" SOLID LINE, WHITE - PA''NT 18 PAVEMENT MESSAGE, ADA PARKING 19 ADA SIGN PANELS 20 HYDROSEED WITH MULCH 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) STREET SWEEPER (WITH PICKUP BROOM) 23 ;NLET PROTECTION TOTAL PART 1 - FRONT PARKING LOT PART 2 - REAR PARKING LOT 24 MOBILIZATION 25 REMOVE BITUMINOUS PAVEMENT 26 REMOVE BITUMINOUS CURB 27 SAWCUT BITUMINOUS PAVEMENT 28 COMMON EXCAVATION (EV) 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER 30 4" PERFORATED PVC DRAiNTiLE, SCH 40, WITH SOCK 31 GEOTEXTILEE FABRIC, TYPE V 32 SELECT GRANULAR BORROW (MODIFIED) Units qty Unit Price Total Price I LF 150 $ $ 3 t GAL 25 $ T. GO $ i.2. <.. 00 TN 50 $ C;1 1.&0 $ L1 10:50,00 TN 50 $ q $ .00 $ q1 Lioa .GQ SF 1200 $ $ �r SF 65 S•�S $ SF 8 $ $ Li LF 340 r d $ $ c rj EA 2 y $ 11!/1 5S $� G 3 , EA 2 $ 9 3.00 $ 34 (0,0" 0 (O , 0" SY 120 $ `" $ '540 r 0 O CY 20 $ OB $ IJ140.00 HR 5 $ 111-Lio $ ic7fi.00 EA 2 $ X30- 0& $ t't(00.00 Ls 1 $3 cs.vo $ 3.1a3(1.0o SY 2600 $ I. Sd $ g,)f c o . G Q LF 130 $ 1 I . 1-fd $ 1,, -I 19a 1 OQ LF 50 $ (0' 10G $ 3.0 • y0 Cy 1445 $ $3G� v 2-5 EA 3 $ Lr6.3c, $ r7qQ LF 90 $ t7,30 hr $ t j 10,7 - 0 SY 2600 $ 1.60 $ ct 00, c/ O TN 1890 $ 1 L. ;-C/$ ��id�,j T. &C Q=45tantec 11938011312 004110-3 BID FORM 33 AGGREGATE BASE, CLASS 5 34 CONCRETE CURB AND GUTTER 35 i' CONCRETE PAD 36 B;TUMINOUS MATERIAL FOR TACK COAT 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) 36 TYPE SP 9.5 WEARING COURSE MIXTURE (ZE) 39 4" SOLID LINE, WHITE - PAINT 40 HYDROSEED WITH MULCH 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) 42 INLET PROTECTION 43 ADJUST GATE VA,VE 44 ADJUST EXISTING CASTING WITH NEW RINGS 45 STREET SWEEPER (WITH PICKUP BROOM) 46 INLET PROTECTION TOTAL PART 2 - REAR PARKING LOT BID SUMMARY: TOTAL PART 1 -FRONT PARKING LOT TOTAL PART 2 - REAR PARKING LOT TOTAL BID Units Qty Unit Price Total Price TN 1260 $ ��+, $ / � °lu . � o LF 130 $ 57. 1 V $ 3.2 -f 1 .GO' SF 440 $ .5' • G $ ') go .00 GAL 140 $ 3.35 $ 'S 3 i• G Q TN 500 $ �• qQ $ �� s SG r GG TN 335 $ `73. iS $;Nf ! 13, }S LF 560 $ SO $ 2-10 , co 15 SY BO $ /0. 35 $ g';IL b - CPO CY 15 $ 5 N'00 $ id X00.00 EA 3 $ 720.00 $00,00 EA 1 $ 35s. $ 3i513. `(J EA 2 $ ;?'3r)n . `tf ,_ $ H Y'4 A 0 HR 5 $ PL q0 $19017-00 EA 2 $ a30• 00 $ _E bG, Go $ 119 350.115 $$D n� $ .2 daC)•r?U' ® 2014 S'.antec ! 193801812 0041 10-4 BIC) FORM 6.01 Bidder agrees that the Wort: wil be Substantially Completed and competed and ready for Final Payrrert in accordance with Paragraph 14.07.13 of the Generai Conditions on or before the dates or within the number of caiendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of `ailure 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: SUBMITTED or, A2014. Corporation Name:ra"M % Law ) ! e. (SEAL) ��State of Incorporation: h�° Type (General) ljsiness, PrgieV(onal, Service, Limited Liability): alf" By: / (Signature) Name (typed or p(nted): Wd �7_MMa title:iefSAd111?T Atfe ICORPORATE SEAL) (Signature of Corporate Secretary; Business Street Address (Vo pQ. Bp} Vs): Phone No.: g .� - a"I — 9166 / Fax No.: 4SI — Gly 9Z!'l_v� e-mail address: /ty.4ro lel reOAGtS'_ Z 61,i7 020i4Stantec 1193601812 004110-5 BID FORM Document A310'- 1970 Bid Bond KNOW ALL MEN BY THESE PRESEN'T'S, that we (Here insert full name and address or legal title of Contractor) Bituminous Roadways, Inc. 1520 Commerce Drive Mendota Heights, MN 55120 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) United Fire & Casualty Company 118 Second Ave SE Cedar Rapids, IA 52407 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firinly bound unto !Here insert full name and address or legal title of Owner) City of New Hope 4401 Xylon 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 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 (Here insert full name, address and description of project) Fire Station Parking Lot Improvements 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 parry 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 (Witness) 15th day of April, 2014 Bitumino o wa Inc. (Princi al (Seal) lTriAJOA re£ ,eFsia�aT nited Fire & Casualty Company (Surety) - _......_,_._.._ (Witness) V7,7 C/Z.a7 (Title) Melissa M. Nordin (Seal) Attorney -In -Fact AIA Document A310Tm —1970. Copyright ®1963 and 1970 by The Arnedcan Institute W. 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 _he_ executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF; }� COUNTY OF �A ggo ss On the 15th day of April, 2014, before me personally appearei �c.E,son1 to me known, who being by me duly sworn, did say that he/she is the YleE of Bituminous Roadways, 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 his/her name thereto by like order (Notary ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Hennepin PAMELA M. HAGUE ` UOTARY PUBLIC I MINNESOTA My C rwNssion Expires ism. 31, 2016 On the 15th day of April, 2014, before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the United Fire & Casualty Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument 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. I L' (Notary Seal) ' DANIELLE IBIS CLEMANTS I NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2017 UNITED FIRE &`CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: "Silrety Department UNITED FIRER I VDEMNrrY COMPANY, GALVESTON, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY ROCKLIN, CA Cedar Rapids, IA 52401 CERTIFIED COPY OF POWER OF At%RNEY 319-399-M% (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas, and FINAINyCIAL PACIFICINSURANCECOMPANY, a corporation duly organized and existing under the laws of the State of California (herein Slectt1ivel , called R DAVI D E . S )dL ,d a Ri ing their R corporate headquarters in Cedar Rapids, State of Iow does make constitute and appoinit E D E. CLEMANTS, OR MELISSA M. NORDIN, R MARK 9. PAULSON, qR ALAN STARKS, OR BETH N. JOHNSTON, OR DANIELLE CLEMANTS, ALL INDIVIDUALLY of MINNEAPOLIS MN their true and lawful Attomey(s)-in Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY_ This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY "Article VI — Surety Bonds and Undertalanel Section 2, Appointment of Attorney -in -Fact "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attomey-in-fact. �lplllluu„r ,{gllltr `asa'"`lj' ,• IN "+r,,,„oll-now. IN WITNESS WHEREOF, the COMPANIES have each caused these press to be signed by its vice president and its corporate seal to be hereto affixed this 16th day of December, 2013 C4_ A'E _ '� co— —� ' 1 = Y o- UNITED FIRE & CASUALTY COMPANY sEAi i= k ea lt �`= UNITED FIRE & INDEMNITY COMPANY .ry A•FINANCIAL PACIFIC INSURANCE COMPANY erry,711u1tl�"�` $y State of Iowa, County of Linn, ss-. A ice President On 16th day of December, 2013, before me personally came Dennis J. Richmann to me known, who being by we duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL. PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was'io affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. �p+e Judith A. Davis Not Public Iowa Notarial Seat Notary + Commission number 173041 My commission a pires: 4/23/2015 My Commission Expires 4/23/2015 I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY and Assistant Secretary of ITER FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 15TH day of APRIL P20 14 . {{piluupp/ (IBiI INS "gypU f W £oaroR n CORPORATE By. !SEAL ti SEAL; C Mb 9 !' y,,�fh1lplRµ ` ,��i''r►!° ourt `{ Oyu.+nu...... Secretary, OF&C Assistant Secretary, OF&I/FPIC BPOA0049 0913 StanteC BIDDER✓ KO VA lP ko Wsp DOCUMENT 0041 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CiTY PROJECT NO. 92D STANTEC PROJECT NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North 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 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: :,.. _ i ., 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, s?ate, 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 reiating 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 Environmenta: Conditions that have been identified in SCA06. E. Biader has obtained and carefully studied (or accepts the consequences for not doing so) all additional or suppiementary 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 retate 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 Bidd€ng 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 prices) Bid and within the times and In accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as Indicated in the Ridding Documents. C2014Stantec 1143801812 004110-1 BD FORM 33 AGGREGATE BASE, CLASS 5 TN 1260 $ .?i .:2 5 $ / im (aq q .00 34 CONCRETE CURB AND GUTTER LF 130 -19 s.377 Y- 7 O 35 T' CONCRETE PAD SF 440 $ g. `17 39016, 86 $ -39016, 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 $ 2,1D O Z • O O 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2.B) TN 500 $ ,9b `(5 © $ D 38 TYPE SP 9,5 WEARING COURSE MIXTURE (2E) TN 335 $ $ -'� 6+ S5D 39 C SOLID LINE, WHITE - PAINT LF 560 $ C f 0 O $ 5 g)' O a 40 HYDROSEED WITH MULCH SY 80 $ 6 ASO $ ' j � B - 0 0 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) Clf 15 $ -0.66 s --7-c-0-0 6 42 INLET PROTECTION EA 3 s.1%50-06 $ 7•s o' d b 43 ADJUST GATE VALVE EA 1 $ 570 A • o 8 $ ZT-© o' 1pt7 44 ADJUST EXISTING CASTING WITH NEW RINGS EA 2 $ 6 00. O D $ 45 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ I -TO - & b $ 7,S'0, b C 46 INLET PROTECTION EA 2 $ aybeeO $ Sd Q , OD TOTAL PART 2 - REAR PARKING LOT $ l6 g 758 - o 0 BID SUMMARY: TOTAL TART I - FRONT PARKING LOT �/�j $ % TOTAL PART R - REAR PARKING LOT $ 6 9.T ✓�$• o G TOTAL BID $---?13 6 a7roS (o ® 2014 StonteC 1 193801812 0041 ID -4 BID FORM M. Bidder has correlated the information blown 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 wrltten 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 B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of 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. Nothinq in this naraarooh 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 I I M.8 of the General Conditions 0 2014 Stantec 1 193801812 0041 10-2 BID FORM Binder acknowledges that estimated quantifies 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 No. Rom units Qty unit Tdce Total Price PART T - FRONT PARKING LOT 5040 0-06 S-040 0.00 I MOBILIZATION LS 1 $ $ 2 REMOVE BITUMINOUS PAVEMENT SY 420 $ ), 157 $ F03.00 3 REMOVE CONCRETE CURB & GUTTER LF 170 $ El 0 b $ :9,5,0. a s 4 REMOVE CONCRETE SIDEWALK SF 1300 $ L9• 5-0 $ 6Sb . a O 5 REMOVE AND SALVAGE SIGN EA 2 $ 56 d - 00 $ 1006-00 6 COMMON EXCAVATION [EV) CY 95 $ J Y,b0 $ .23 7 5' 0-0 7 4' NON -PERFORATED PVC PIPE IRRIGATION CONDUIT, SCH LF So $ o O t) $ f1 ` o 6 40 B GEOTFXTILE FABRIC, TYPE V SY 420 $,5,00 $ 1-160-06 9 AGGREGATE BASE, CLASS 5 TN 260 $13,75 $ 3S ?S o 6 0 2014 Stantec 1 193801812 0041 10-2 BID FORM TO CONCRETE CURB AND GUTTER LF 150 $ -. �.S'.s $ 63 -0 0 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 $ 0 6 $ ' $• b D 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 $ $ 50 b 7 . Se 13 TYPE SP 94 WEARING COURSE MIXTURE (23) TN 50 $[1j®r O'D $ S A b ` oD 14 4' CONCRETE SIDEWALK SF 12DO $ [ ° gq $ -5� 15 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 $ �' �' $ I �7 ° ?0 16 TRUNCATED DOME PANEL SF B $ 9j' 02 $ -'//6./(, 17 4'SOLID LINE, WHITE - PAINT LF 340 $ 6190 $ 3yg>• 0'© 18 PAVEMENT MESSAGE, ADA PARKING EA 2 $��O Q $ 5'b 6 . 9 0 19 ADA SIGN PANELS EA 2 $©' O� $ 20 HYDROSEED WITH MULCH SY 120 $ �" 54 $ 13 ID ' d h 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 20 $�560 d $ g6 0. 66 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ 15'0.00 $ 75-6-60 23 INLET PROTECTION EA 2 $,4-5-0.06 $ '� . of TOTAL PART T - FRONT PARKING LOT �/ $ -7 qg v's6 0 2014 Stantec 193801612 0041 10-3 BID FORM PART 2 - REAR PARKING LOT 24 MOBILIZATION LS i $ �Li (7fJ • a e, $ �� O •00 25 REMOVE BITUMINOUS PAVEMENT SY 2600 $ `%5 $ S-510- 6 26 REMOVE BITUMINOUS CURB LF 130 $ �` t' $ 4-98.00 27 SAWCUT BITUMINOUS PAVEMENT LF 50 $ O 6 , 15-0,00 28 COMMON EXCAVATION (EV) CY 1445 $ / 7' -�6 $ 7,5-0 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER EA 3 $ • O O $�O' O 6 30 4' PERFORATED PVC DRAINTILE, SCH 40, WITH SOCK LF 90 $ 0, b b $ /900.00 31 GEOTEXTILE FABRIC, TYPE V SY 2600 $2,06 $o0 � D D 32 SELECT GRANULAR BORROW (MODIFIED) TN 1890 ;7,7 Y $/84/47-10 0 2014 Stantec 193801612 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 14.07.8 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 (allure 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 lnitlaf capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: SUBMITTED on 2014. Corporation Name: LL6Y '{ L' � ��,pd l �c "`W9SEALt State of Incorporation: N Type (General Business, Professional, Service, Limited Liability): 6"" e"Cd By: t_ G c /e / (Signature) Name (typed or printed): Title:1%�111_el/ l Donald Robert Condon fll Attest (CORPORATES Notary Publlo gnature of'corp6rate Secretary) Minnesota '`�-„�;�;,, °'' �Y Caruniaion Expires Janllery 37, ��5 Business Street Address (No P.O. Box Ws): Phone No.: 76.E 1346 o y Fax No.: A3 --5//,T- Y,6o 6 e-mail address: -J : m 4-0.00K'1r4c.i■hY •G64.2 0 2014 Stantec - 193801812 0041 10-5 IND FORM A.1 Document A31OTM - 2010 CONTRACTOR: Name, legal status and address) North Metro Asphalt LLC DBA North Metro Asphalt & Contracting 1455.165th Avenue Liam Lake, MN 55304 OWNER - (Name, legal status and address) City Of New Nope SURETY: (Name, legal status and principal place of business) Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 BOND AMOUNT: Five Percent of the Bid Amount (50/9 of Bid Amount) PROJECT: City Project No. 920 - Mrs Statlon Parking Lot Improvements (Name, location or address, and Project number, if any) Bond No. R80056248 This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and soled this 7th . ril, 21314 North Metro Asphalt LLC ORA ft -WI --tro Asphatt & Contracting 0 (Prindpal) /!1 (Seal) (Titie) Granke Re. c. (Surety) (Seat) Mtfe)3onathan 06K ttomey-in-Fact .�tY -!A w -!n':... s?)".�L'...� -, a;9 L0..<l, 'Yd�J.: � •, a7. .(. u., ..,.r .iii• Inst AJA Document A33(Y'-- 2010. Copyright 01963, 1970 and 2010 by The American Institute of Arch!tecis. All rights reserved. '6'. .'t: t G: T. .:%I ":.'' r)Cr-:: art I_ -rC ":i- ' I i U.S. Copyright L; t z::ul int _ -nate :ii!'fr�alt,;, t'.i, t_:..:ized r :lu_', .: t Cl:tr:!c%n of [.' 'bucur:;nt, or _.a; port:'n cr i., rc: y ,:,.u:' in sev r9 civil - i. 1 c.in;lr -1 p' 1 .: i an.: V!ill b- -.t --Al. J t 1 ,,. trou:n nt --i7i un--: r t_ I;: 1 Purchasers are permitted to reproduce ten (10) copies of this document when comp!eted. To report copyright violations of AIA Contract Documents, a -mal! The American Institute of Architects' legal counsel, copyright@Laia.org. 051110 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of 7 County of ] On this day of r in the year before me personally come(s) . to me Iahown and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of On this day of in the year _, before me personally come(s) a member of the co -partnership of to me known and known to me to be the person who Is described in and executed the foregoing Instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of this r� day of 1,1110 /V L - of the in the year' before me personally come(s) to me kncyvrl, who, being gWly sworn„ depogps�and says that he is the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. " Donald Robert Condon III Notary Public Minnesota Notary Publi MY Commis M Expires January 31, 2015 ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota) On this 7th day of Aori1" in the year 2014 before me personally corne(s) Jonathan Pate, Attome}r(s)-in-Fact of Grannc• with whom I am personalty acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affoced by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order, ANDREA M CONNOLLY DEES-- NOTARY PUBLIC Notary Public MINNESOTA + W Commfssfon Expires Jan. 31, 2015 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES may lawfully do in the premises by virtue of these presents, In Wiliness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 31 day of July, 2013. iE RL•, e — Kenneth D, Whittin on, President STATE OF OKLAHOMA ) s A L ) ss: COUNTY OF OKLAHOMA ) Kyle/k McDonald, Treasurer On this 31 day of July, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. ta'■ F. f. . My Commission Expires:�I August 8, 2017 Commission #; 01013357 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 7th day of AARnI 2014 Kyle P. McDonald, Secretary/Treasurer SEAL GRO800-1 BIDDER:. 601H & Coto. DOCUMENT 00 41 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North 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 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 rimitation 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 NUmb Addendum Date M 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 exisfing 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 prices) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. ® 2014 Simiec 1 193801812 0041 10-1 BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered In the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 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 B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or finn 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 Owners 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 mode as a result thereof, except for staternents 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 Bidders rights to challenge a contract pursuant to low. 5.01 Bidder will complete the work in accordance.with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities ore 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 No- Hera unft tatty Unit Rice Total Price PART 1 - FRONT PARIQNG LOT 1 MOBILIZATION S = L5 1 $ _ ■`1110 . $ 1 *7000 + 7e S ° 2 REMOVE BITUMINOUS PAVEMENT � SY 420 $ c o0 $ L O� •�. 3 REMOVE CONCRETE CURB & GUTTER '2S'• LF 170 $ y • Sb $ 4 REMOVE CONCRETE SIDEWALK SF 1300 $ • SO $• 5 REMOVE AND SALVAGE SIGN b COMMON EXCAVATION (EV) 7 4" NON -PERFORATED PVC PIPE IRRIGATION CONDUIT, SCH 40 8 GEOTEXIILE FABRIC, TYPE V 9 AGGREGATE BASE, CLASS 5 EA 2 $ a5.06 $ GO. CY 95 $ TOO $ ?)+TO i 5. LF 80 $ S. �O $ � • SY 420 $ � o� s TN 260 $ aa. $ -7T 02014Stantec 1193801812 004110-2 BID FORM I No. Item Units Qty Uni Price Total Price I 10 CONCRETE CURB AND GUTTER LF 150 $ _Qai. so _ $ 3a00 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 $ "• I� $ w • 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 $ ag. `� Oso $ 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 50 7D $ C� ZZ o0 $ ++ ���•+�• 14 4" CONCRETE SIDEWALK SF 1200 $ . �S $ -7 15 67HICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 7� $ 7� $ 16 TRUNCATED DOME PANEL SF 8 $ ' $ i�• �0 17 18 19 4' SOLID LINE, WHITE - PAINT PAVEMENT MESSAGE, ADA PARKING ADA SIGN PANELS LF EA EA 340 2 2 $ i •$� ro $ also. $ 5.0.10 $ �a �• ; 5� ao $ � $ 20 HYDROSEED WITH MULCH SY 120 $ $ 11 ��a[• eb 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 20 $ � • eo $ �• 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ `• OD $ �`� p• 23 INLET PROTECTION EA 2 ob $ So, 06 $ 106.2 TOTAL PART 1 - FRONT PARKING LOT $ goi D t J r _+• T 24 PART 2 - REAR PARKING LOT MOBILIZATION LS 1 $ w ow.l $ 3.s5 41 a30OO ] 25 REMOVE BITUMINOUS PAVEMENT SY 2600 $ $ a 39 3oS S6 26 REMOVE BITUMINOUS CURB LF 130 $ $ 27 5AWCUT BITUMINOUS PAVEMENT LF 50 a Sb $ •• $ a S os 28 COMMON EXCAVATION (EVJ CY 1445 $ aa� •aO $ 3a� ✓ •�r �• 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER EA 3 $ $ i ss I• 30 4" PERFORATED PVC DRAINTILE, SCH 40, WITH SOCK LF 90 $ $ "• 31 GEOTEXTILE FABRIC, TYPE V SY 2600 $ �' $ 3 r .o• 32 SELECT GRANULAR BORROW (MODIFIED) TN 1890 $ Q- $ G' 16)L OO 02014Staniec 11938018i2 004110-3 BID FORM 33 AGGREGATE BASE, CLASS 5 TN 1260 $ t 4. SS $ is. as%." 34 CONCRETE CURB AND GUTTER LF 130 $ O ■S p $ ']', is, Ob 35 T' CONCRETE PAD SF 440 $ $ a 1TV . •� SL4 T 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 $ *� •�+ $ b, 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 500 $ $ 38 TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) TN 335 $ e� •�s $_ ■� 39 4" SOLID LINE, WHITE - PAINT LF 560 $ �■ $� 00 $ �0s 40 HYDROSEED WITH MULCH SY 80 $ �O, $ O 44t. Ob 3 se It as 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 15 $ �1.�5 $ L� p� 5O, OO t50, 42 INLET PROTECTION EA 3 $ $ 43 ADJUST GATE VALVE EA 1 $ 3so■00 $ 'a 60.00 Lt5p.� 4100-00 44 ADJUST EXISTING CASTING WITH NEW RINGS EA 2 $ $ 45 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ da 130■ 00 $ (050.1 46 INLET PROTECTION EA 2 $ Sd•°° $ CO.o TOTAL PART 2 -REAR PARKING LOT ++j $ wo BID SUMMARY: C� TOTAL PART T - FRONT PARKING LOT $ so TOTAL PART 2 - REAR PARKING LOT $ TOTALBID $ 3a '7$, 02014Sianlec 1 193801812 0041 10-4 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: P1115C.T.M.1m SUBMITTED on r yA� � po l 2014. Corporation Name: _ G M 'A Asphalt' (SEAL] fjh State of Incorporation: Type (General Business, Professional, Service, L' iced Liability): cow. By: <�g�x (Signature) Name (typed or printed): ow C. -90 irm G Title: M Attest % D(CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box Ws): qjW "g6" Iesa$t C&A& Phone No.: S'Q1-q'gX-s0 Fax No.: e-mail address: �yr►il t� ml rnhAS %�A 1 COIF] 0 2014 Stantec 1 193801812 0041 10-5 BID FORM Bid Bond CONTRACTOR: (Name, legal status and address) GMH Asphalt Corporation 9180 Laketown Road Chaska, MN 55318 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 CIA .BURET" Bond No. Bid Bond SURETY. -Western Surety Company SD Corporation (Name, legal status and principal place of business) 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (Name, location or address, and Project number, if any) Fire Station Parking Lot Improvements This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 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 (1) 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 thereo- 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 15th day of April 1 2014 GMH ti (Principal (Seal) Mile) Brandon E. Butorac Vice President West r urety Company (Su ) I (Seal) le)Ar4y M. Bums , Attomey-in-Fact Printed In cooperation with the American Inst ftute ofAwhitects (AIA). The language in this document conforms to the language used 1n AIA DocumentA390 - Bid Bond - 2010 Edition. CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF CARVER On this 15th day of April, 2014 before me personally appeared Brandon E. Butorac to me known, who being by me duly sworn, did say that he is the Vice President of the GMH ASPHALT CORPORATION, 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. 4 MMO M DOMR06E Notary Public, � NOTARYPMUC.MINNE50TA ( tory Seal) W ODYN EXP6 S m1311�017 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 15th day of April, 2014 before me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in - Fact of the WESTERN SURETY 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 on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Sea[) MEAGAN MARIE MWHEI NOTW,-,.,SUC-MINNESOTA MY COMMSS014 E FIRES 01131118 Western Surety Company POWER OF ATTORNEY APPOINTING ESIDIVIDUAL 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 Amy M. Burns , Individually of St Louis Park, M N its true and lawful AttomeXs}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 - Surety Bond No.: Bid Bond Principal: GMH Asphalt Corporation Obligee- City of New Hope 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 drily adopted, as indicated, by the sharcholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused time presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of August, 2012. ET> WESTERN SURETY COMPANY w o�°' p 'RC Ay /* >tif aul T. Bnlfl it, Vice President State of South Dakota County of Minnehaba I as On this 14th day of August, 2412, 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. MOAR June 23, 2415 WUSOUTNaIAIY PUBLICPUBLICSEA OVrR prglOaiA • 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 fiuther 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 15th day of April 2014 WESTERN SURETY COMPANY acAv 4 L Nelson, Assistant Secretary Form F4230 -7-20t2 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, undertaldngs, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. J;4BIDDER: _ k00y '-"" ` 1 + " �1�1 C 4 5tant�ec DOCUMENT 00 41 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North 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 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 Number /Uofft� Addendum Date B. Bidder has visited the Site and become familiar wffh 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 prices) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 0 2014 Stan'ec 193801812 0041 10- 1 BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generaily 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 B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or wilt 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 Bidders rights to challenae 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 Conditlons. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided No. Item Units Qty Unit Price Total Price PART 1 - FRONT PARKING LOT 1 MOBILIZATION LS 1 $$ 2 REMOVE BITUMINOUS PAVEMENT SY 420 $ . - 5—z?t7' `�_ $ U/ -� 3 REMOVE CONCRETE CURB & GU LF 170 I`TTER $ �' $ �i AO 4 REMOVE CONCRETE SIDEWALK SF 1300 $ 0,00 $1V 5 REMOVE AND SALVAGE SIGN EA 2 $ 91 �? 00 $ ILO I- 6 COMMON EXCAVATION (EV) CY 95 $ $ 0/ 7 C' NON -PERFORATED PVC PIPE IRRIGATION CONDUIT, SCH 40 LF 80 $ ✓. 00 $ 00 i. 8 GEOTEXT?LE FABRIC, TYPE V SY 420 $ ✓ V $"" 9 AGGREGATE BASE, CLASS S TN 260 $ $ � a CO 620145tarrtec 1 193801812 004110-2 BID FORM 10 CONCRETE CURB AND GUTTER LF 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,8) TN 14 4" CONCRETE SIDEWALK SF 15 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 16 TRUNCATED DOME PANEL SF 17 4" SOLID LINE, WHITE- PAINT 18 PAVEMENT MESSAGE, ADA PARKING 19 ADA SIGN PANELS 20 HYDROSEED WITH MULCH 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) 22 STREET SWEEPER (WITH PICKUP BROOM) 23 INLET PROTECTION TOTAL PART 1 - FRONT PARKING LOT PART 2 - REAR PARKING LOT 24 MOBILIZATION 25 REMOVE BITUMINOUS PAVEMENT 26 REMOVE BITUMINOUS CURB 27 SAWCUTBrfUMINOUS PAVEMENT 28 COMMON EXCAVATION (EV) 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER 30 4" PERFORATED PVC DRAINTILE, SCH 40, WITH SOCK 31 GEOTEXTILE FABRIC, TYPE V 32 SELECT GRANULAR BORROW (MODIFIED) LF EA EA SY CY HR EA LS SY LF LF CY EA LF SY TN 150 $ 14-00 $ ���_Q U(J 25 � 50 $ $. 50 $ l � "[J $ o5t7�1 00 1200 $ $ 65 $- 600 +� $00 8 $ 00 $ctg 340 $ t' 5 $ a, >K V-Ly�� 2 $ $ .3 00, cod 2 $ 1 ✓ r/. �-i/ $ �� 0 120 $� $ w 20 co co 5 $ 4Jo' $ a 05 $ 7, ,x,(v $7, 7, 00 2600 $ 7 00 $ r '0` 130 $ 9,00 $f V, (iii' 11 1445 $ r / `"� $ 2 �7SiV 3 $ d/ ios W $ �co 90 $ J. 0 $ �IV 2600 $ $�� vo' `.'v 1890 $ ` $ 0 2014 Stanfec 1 143801812 0041 10-3 BID FORM 33 AGGREGATE BASE, CLASS 5 TN 1260 $-�� $ ' 34 CONCRETE CURB AND GUTTER LF T30 $ +� - $ ��/ 0-00 35 7' CONCRETE PAD SF 440 $ ✓`4� $ �^ o 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 $ 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,BJ TN 500 $ . 5V °�T $ 1 f ✓ �/i 00 38 TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) TN 335 $ �• $ 'o 39 4' SOLID LINE, WHITE - PAINT LF 560 $ 1 0 $ 00/' 4 40 HYDROSEED WITH MULCH SY 80 $ 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 15 $ • 7? $ _20 15" 42 INLET PROTECTION EA 3 $ `'''o $ 43 " ADJUST GATE VALVE EA 1 $ $ 44 ADJUST EXISTING CASTING WITH NEW RINGS EA 2 $` "" $ I Po. 00 45 STREET 0• 01 SWEEPER (WITH PICKUP BROOM] HR 5 $ $ i/ •° w ✓� 46 INLET PROTECTION EA 2 $ /V. 00 $ TOTAL PART 2 - REAR PARKING LOT oo $ foo BID SUMMARY: TOTAL PART 1 - FRONT PARKING LOT $[�5-7. ✓-5 TOTAL PART 2 - REAR PARKING LOT $11, oo TOTAL BID A 0 2014 Stardec 19380 i 812 0041 10-4 BID FCRM 6.01 Bidder agrees that the Work will be Substantially Comoleted and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General CondHons on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.D1 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated In the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on " 2014. Corporation Name: New too 1 lVtW r r State of Incorporation: _f ' r r� P✓�� Type (Gen ra) Business, Prof esslonalArvice, Limited Liability): �- By: V (Signature) Name (ty d or printe ); Title: NATHM JEROME MENC� Attest (CORPORATE NTARYPWUC (Sfgnatu of Corporate Secretary) STATE OF MINNESOTA MY COMMISSION EXPIRES 1MinG Business Street Address (No P.O. Box #'s); y Phone No.: 763-9 •l t ` 15-74 Fax No.: ` 111101 r e-mail address: jyh I fi, itt /I�P,W� �Q�(� _ 4 '- ® 2014 Stantec 1 193601812 0041 10-5 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Band KNOWALL MEN BY THESE PRESENTS, THAT WE New Look Contracting, Inc. 14045 Northdale Boulevard Rogers, MN 55374 as Principal, hereinafter called the Principal, and United Fire & Casualty Company P. O. Box 73909,_ Cedar Rapids. IA 52407-3909 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 van Avenue North, „New., op®a_„. N _—_— as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars {$ 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 Fire Station Parking Lot Improvements 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 1he Principal to ender 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 15th day of April P 2014 AIA DOCUMENT A310 • BID BOND • AIA * FEBRUARY 1970 ED. 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. County of HENNEPIN On this 15th before me appeared being by me duly sworn, did say that day of April is the • 1/1- 2014 f 2414 , to me personally known, who, of New Look Contracting, Inc. ; a or tion, at the seal affixed to the foregoing instrument is the eerparnie-sc l of said corporation, (If no coZralsoo state, Ad strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said 0;A Aj je, I acknowledged said instrument to be the free act and deed of said corporation. Qa,NANAV .1 mE MENGE S'TAtt I ` cA .� 7A WCOMMIS UN kti��lri:: =1,308 Notary Public My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. County of HENNEPIN ) On this 15th day of April County, 2014 , before me appeared Brian J. Oestreich , to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of United Fire and Casualty Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. M;11NIA G SL.OQG N07MyPU8LQMINNM1E0 mssIN��4Ff,-i"13�na Q13i T111 8 Notary Public My commission expires: January 31", 2018 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint BRUCE N. TELANOER, OR R.W. FRANK, OR DONALD R. OLSON, OR JOHN E. TAUER, OR LINDA K. FRENCH, OR JOSHUA R. LOFTIS, OR NICOLE NELSON, OR RACHEL THOMAS, OR CRAIG REMICK, OR BRIAN J. OESTREICH, OR JEROME T. OUIMET, OR SANDRA M. DOZE, OR D. R. DOUGHERTY. OR JACK CEDARLEAF 1I, OR CHRISTINE M. HANSEN, OR KURT C. LUNDBLAD, OR PAMELA T. CURRAN. OR MELINDA C. BLODGETT ALL INDIVIDUALLY of MINNEAPOLIS MN its true and lawful attorney -in -Fact with power and authority hereby conferred to sign, seal and execute In its behalf all lawful bonds, undertakings and other obligatory Instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, This power of Attorney is made and executed pursuant to and by authority of the following{B)�Law duly adapted by Board of Directors of the Company on May 16, 2012_ "Article VI - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. 'The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys4n fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto_ The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by Kw its vice president and its corporate seal to be hereto affixed this 6th day of May, 2013 IFFAL UNITED FIRE & CASUALTY COMPANY By nr,,,,„ (/ Vice President State of Iowa, County of Linn, ss - On 6th day of May, 2013, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation 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 a Judah A_ Davis A Iowa Notarial Seel Commission number 173041 Notary Public W my commission i=xpires 04123!2015 My commissfon expires 0423-2015 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. grips NRTOLA7E r,�G !w y SPOA0019 0113 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 15th day of April, 2014 Secretary ® Stantec BIDDER: BAtkoEo` 00AIST,, 100 DOCUMENT 0041 10 BID FORM FIRE STATION PARKING LOT IMPROVEMENTS CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801 812 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North 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 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: R• 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 drawfts of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) whilch have been identified In SC -4.02, and 12y reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4A6. 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 laid for performance of the Work at the prices] Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 020142cirdec 1 193801812 004110-1 BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 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 B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of 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 Owners direction, to undertake an Investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, agairst 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 oaraaraph is intended to restrict Bidder's rights to challenge a contract Dursuant 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 11.033 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Beals will be based on actual quantities provided, determined as provided No. Item Unft Qty Unit Price Total Price PART 1 - FROM PARIUNG LOT 1 MOBILIZATION 2 REMOVE BITUMINOUS PAVEMENT 3 REMOVE CONCRETE CURB & GUTTER 4 REMOVE CONCRETE SIDEWALK 5 REMOVE AND SALVAGE SIGN 6 COMMON EXCAVATION (EV) 7 4" NON -PERFORATED PVC PIPE IRRIGATION CONDUIT, SCH 40 GEOTEXTILE FABRIC, TYPE V 9 AGGREGATE BASE, CLASS 5 LS 1 $ 4 �D SY 420 $ 6 oe LF 170 $ 10.100 SF 1300 $ 2,00 EA 2 $ 2a®, W $ fflo.0a CY 95 $ 2A 00 $ VO4. od LF 80 $ loo $ ;w. aV SY 420 $ aeo $ r, 26e. me TN 260 $—::2000 $ -/� 2M. Da 020i45tm1ec 1193801912 004110-2 BID FORM No. Item Unft Qty $ r� Unit Price Total Price 10 CONCRETE CURB AND GUTTER LF 150 $ 26 $ 4 o 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 $ p n r ,9• 0� $ .250 ,00 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 $ L $ V.6 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 50 $ ge $ 14 4' CONCRETE SIDEWALK SF 1200 $ 6, $ter.wo• do 15 6' THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 $ 204 Oa $ I �� 0 16 TRUNCATED DOME PANEL SF 8 $ PAO $_f V.6 17 4'SOLID UNE, WHITE - PAINT LF 340 $ 3100 1 $ 11 00 1010 18 PAVEMENT MESSAGE, ADA PARKING EA 2 $ r�Dy. f/+� $ 19 ADA SIGN PANELS EA 2 $ $ 20 HYDROSEED WITH MULCH SY 120 $ /D 4V $ / ? 21 PREMIUM TOPSOIL BORROW (4' DEPTH) (LV) CY 20 $ -70.00 $ boo 010 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ O�r Qr/ $ 5e •1O 23 INLET PROTECTION EA 2 $ 540 $ TOTAL PART 1 - FRONT PARKING LOT �15AV $ ✓ q-1 / Oa, ®O 24 PART 2 - REAR PARKING LOT,.�A MOBILIZATION LS 1 $ r� $ /0 aw OD 25 REMOVE BITUMINOUS PAVEMENT SY 2600 4 0 $ �� • 0a 26 REMOVE BITUMINOUS CURB LF 130 $ 100 $ 27 SAWCUT BITUMINOUS PAVEMENT LF 50 -- $ 5.X $ �✓" • D� 28 COMMON EXCAVATION (EV) CY 1445 $ /./#uf/ h $ I✓ Qv 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER EA 3 $ "'�• �" $ 00 30 4" PERFORATED PVC DRAINTILE, SCH 40, WITH SOCK LF 90 $ ;20.01) $_T 31 GEOTEXTILE FABRIC, TYPE V SY 2600 $ 11,50 $ 32 SELECT GRANULAR BORROW (MODIFIED) TN 1890 $ r a ✓ / Q �`� ® 2014 Stnntec 1 193801812 D04110-3 BIC) FORM No. Item 33 AGGREGATE BASE, CLASS 5 34 CONCRETE CURB AND GUTTER 35 7" CONCRETE PAD 36 BITUMINOUS MATERIAL FOR TACK COAT 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) 3B TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) 39 4" SOLID LINE, WHITE - PAINT 40 HYDROSEED WITH MULCH 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) 42 INLET PROTECTION 43 ADJUST GATE VALVE 44 ADJUST EXISTING CASTING WITH NEW RINGS 45 STREET SWEEPER (WITH PICKUP BROOM) 46 INLET PROTECTION TOTAL PART 2 - REAR PARKING LOT BID SUMMARY: TOTAL PART 1 - FRONT PARKING LOT TOTAL PART 2 - REAR PARKING LOT TOTAL BID Unft Qty Unit Price Tofol Price I TN 1260 $ If, 3 : .co LF 130 $ r $ oo SF 440 $ 23, $ 10f0.0n0 GAL 140 r ��j/�Lj/ $ TN 500 $ 110,00 TN 335 $ 112.00 $ 37 5.�0SiiD. Da LF 560 $ 3100 $ /Z SY 80 $ f0rD0 $. CY 15 $ ✓19.00 $ Qv EA 3 $ $ ��✓� B✓ EA 1 $ JDDra0 $�_ W(g 00 EA 2 $ ADD, Dy $ f o HR 5 $ l $ EA 2 lotoo $ ! UV,lJV e✓�rw•DO $ �/�CQ��� $ ! 7 6, $ 5y 9 00 $ gLSo.ae $.30.00 02DUStardec 1 193801812 004110-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.$ 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 foam 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: SUBMITTED on AMI 6 .2014. Corporation Name:.i5eq oe 13ci Ci9A1S�. (S � State of Incorporation: W Type (General Business, P fessianal, Service, Lim Liability}: By: {Signature} Q ,e� 12 Name (typed or printed): (J &a-- I ) !J /! � J� /,/� Title: 109�/1IF /(�� % Attest .e4v'+4 (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box Ws): Phone No.: 9�/ ! 9/ Fax No.: e-mail address: ® 21114 Stantec . 193801812 0041 10-5 BID FORM WEST BEND A MUTUAL INSURANCE COMPANY' Bond Number 2145662 Bid Bond KNOW ALL BY THESE PRESENTS, That We, Barber Construction Co., Inc. as Principal, and WEST BEND MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in Middleton, Wisconsin, in said State, as Surety, are held and firmly bound unto City of New Hope as Owner, in the full and just sum of Five Percent (5 %) of amount bid for the payment whereof said. Principal binds -its heirs, administrators, and executors and said Surety binds itself, its successors and assigns firmly by these presents WHEREAS, said Principal has submitted to said Owner a bid or proposal for Fire Station Parking Lot Improvements NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within Sixty days hereof and in accordance with said proposal a contract shall be awarded to said Principal and the said Principal shall enter into a contract for said work and shall furnish bond with surety as required for its faithful performance then this obligation shall be void, otherwise remain in full force and virtue. Signed and Sealed this 15 day of , 20 14 Principal: Barber constructi Co., Inc. �E B : (SEAL) Witness: bGi�I /1 N T ed:j(-� ARE$ Title Witness: Agency Name: Surety: West 13 M dal sura Company B : (SEAL) Name Typed: M. A. E Attomey-In-Fact Title BEARENCE MANAGEMENT GROUP LLC Address: 2010 CENTRE POINTE BLVD. MENDOTA HEiGHTS , MN 55120 Phone Number: (551)379-7800 MICHIGAN ONLY: This policy is exempt from the fling requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MQL 500.2236. NB 0192 02 08 Page 1 of 1 8401 Greenway Blvd. Suite 1100 ! Middleton, NUI 53562 1 Phone: (608) 410-3410 1Fax: (877) 674-2663 j www.wbrni.com CORPORATE ACKNOWLEDGMENT STATE OFrn I k, n COUNTY OF,�,. On the II day of GLAA&X Ad f q' before me personally appeared , ArjL4a,� to me, who being duly s orn, did depose and say: that s/he resides in lb kil ji that s/he is the AAdX of the Barber Construction Co. Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. (SEAL) la) h ✓i/2 Notary Public NOt�YN� • �1 + _� r. 1iM170MN��1��1A1lts ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 15th day of April r 2014 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of West Bend Mutual Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. r (SEAL) 4NotaPlc Nicole M ri Public Notary state of Minnesota CammTesiJanuary 3152015 FJ6 ,mm�saion 1rxP "1 ' ND TUA4 ILI NCE COMPANY 2146662 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: M. A. JONES lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Seven Million Dollars ($7,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-ln-Fact. The president or any vice president or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written' obligatory instruments of like nature. The signature of any officer authorized hereby and the co. potato seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in naturae to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual insurance Company has caused these presents to be signed by its president undersigned and its corporate alto be hereto duly attested by its secretary th' 1st day Yarch, 2009. Attest U............. . Moan'° Ja a J. Pa :� rF :� Kevin A. Steiner Se taryR SEAL10,.• Chief Executive Officer/ President State of Wisconsin County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed..his name thereto by like order. * NOT t John . well PU131JC ;` Z Executive Vice President - Chief Legal Officer Oashinon Co. vioG Mytary Comm sisionVis Permanent WI The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 15 day of April _ 2014 Dale J. Kent Executive Vice President - Chief Financial Officer NOTICE: Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual insurance Company 8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 N.'dd'eton, W1 53562 1 ph (608) 410-3414 1 www.tl-esi!Ve.clining.com 0 Request for Action Originating Department Approved for Agenda Agenda Section Public Works April 28, 2014 Development & Planning Item No. By: Bob Paschke, Dir. Pub Works By: Kirk McDonald, City Manager 8.2 Resolution awarding Omann Brothers Paving the proposed 2014 fire station infrastructure improvement project (Improvement Project 920) Requested Action Staff recommends awarding a contract to Omann Brothers Paving in the amount of $180,056.34 for the infrastructure improvement project at the West Metro Fire station facility (Project 920). Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background Project 920 initially was included in the city's 2013 capital improvement program. Projects for the other Fire station lots were set for the following consecutive years which are also identified in the five-year CIP. Staff recommended the following infrastructure repairs: • Small bituminous front parking lot • Concrete sidewalk and curbing in front of building • Concrete working area in front of the station equipment service entrance • Rear bituminous working lot area On August 12, 2013, staff presented plans and specifications for the first phase of Project 920 to Council. Staff recommended solicitation of bids and requests were sent to 12 contractors. Only two contractors had submitted bids for this project by the August 21, 2013, deadline. Due to the high cost, it was recommended that Council reject all bids for Project 920. Staff suggested that a combined project be brought forward and rebid in 2014. The thought being that quantity pricing would help reduce the expense and create a more appealing and competitive project. The project was readdressed on March 10, 2014. Council approved to reissue bids for the small bituminous front parking lot; the concrete sidewalk and curbing in front of the building and the rear bituminous working lot area. Construction is to commence after the City Day event on June 21, 2014. The specifications identify a substantial completion date of September 26, 2014, and coordination will need to occur with the Fire department regarding parking and access. Motion by �. Second by To: n y� 1;,xrn \ ruovvorxs 1tu14 \ 92u rine Station raring tot Approving i -tans & Specs Q&R Request for Action, Page 2 April 28, 2014 The Project 920 bid opening was on April 15. Ten bidders responded with Omann Brothers Paving being the lowest responsible bidder at $180,056.34. The combined 2013/2014 improvement projects have allowed for competitive bidding. The engineer's construction estimate for the 2014 CIP project was $187,000. The bid from Omann Brothers Paving was $180,056.34, which puts the construction cost at $6,943.66 below the engineer's estimate. Indirect costs for the project are $28,000, giving the project a total of $208,056.34. The combined Fire station improvement budget for 2013/2014 is $201,000, which places the project over budget by $7,056.34. This disparity can be accounted for in the additional sub grade corrections and concrete expenses that were discovered and added to the original project. Funding The proposed projects are identified in the 2013 and 2014 CIP's, respectively budgeted at $201,000. Per the discussion with the City Council when the 2014 budget was adopted, the city manager recommends that funding for the project be from the temporary financing fund. A resolution authorizing a transfer from the temporary financing fund to the 2014 general fund/fire budget to pay for the project will be presented for approval upon completion of the project. Attachments • Resolution • Map showing construction proposal area • City engineer memorandum • Bid tabulation City of New Hope Resolution No. 14 - 68 Resolution awarding a contract with Omann Brothers Paving for the 2013/2014 West Metro Fire station infrastructure improvements (Project 920) WHEREAS, city staff has identified the need for infrastructure improvements to the West Metro Fire station facility; and, WHEREAS, the infrastructure improvements are identified as rehabilitation of the front and rear bituminous Parking lots, curbing, storm system, and sidewalk; and, WHEREAS, the Fire station capital improvement program identified said projects for replacement in years 2013 and 2014; and, WHEREAS, plans and specifications for the proposed infrastructure improvement projects have been prepared by consultant engineers, Stantec, and approved by Council; and, WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with West Metro Fire station improvement Project 920; and, WHEREAS, the bid from Omann Brothers Paving in the amount of $180,056.34 is the lowest responsible bid submitted; and, WHEREAS, funding is available in the temporary financing fund for the Fire facility improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: I. That the contract for the 2013/2014 West Metro Fire station infrastructure improvement be awarded to Omann Brothers Paving in the amount of $180,056.34. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 28th day of April, 2014. lle4� Mayor Attest:/vz�Z-V_ City Clerk 3 'Y 1 , S v i I • i ► } , •� } Y fry 4301 I FUTURE PARKING LOT V W V ;� t .. t > • REPLACEMENT - REPLACE EXISTING » — w =, `' 4 „ 77, CONCRETE SIDEWALK Ff } 4251 lE LA OARRNG CCTe , 4301 I FUTURE PARKING LOT V W V N CA3 0 20 40 I ' ' � F�airgntal ��� m rest I I�� PROJECT LOCATION Cr Y OF NEW HOPE, MINNESOTA FIGURE 1 FIRE STATION PAMUNG LOT IMPROVEMENTS SALwantec V:\1938\AC'f1VE\193801812\CAD\DWG\J.931301812-FIGI.DWG DATE: MAR 2014 COMM: 193801812 ;� t .. t > • REPLACEMENT ' v » — w =, `' 4 „ LA t E!ITUMINbU CURB } N CA3 0 20 40 I ' ' � F�airgntal ��� m rest I I�� PROJECT LOCATION Cr Y OF NEW HOPE, MINNESOTA FIGURE 1 FIRE STATION PAMUNG LOT IMPROVEMENTS SALwantec V:\1938\AC'f1VE\193801812\CAD\DWG\J.931301812-FIGI.DWG DATE: MAR 2014 COMM: 193801812 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651 ) 636-4600 Fax: 16511 636-131.1 February 28, 2014 File: 193801812 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Fire Station Parking Lot Improvements - Approve Plans and Speclfications • City Project No.: 920 Dear Bob, As requested, we have prepared plans and specifications for the Fre Station Parking Lot Improvements project. This project includes replacement of the fire station's small front parking lot and the rear parking lot. Also included is the replacement of some sidewalk, miscellaneous storm structure rehabilitation, and spot removal and replacement of curb and gutter (see attached Figure 1). The total project cost for these improvements, including indirect, is estimated to be $215,000. The breakdown of project cost is shown below; Improvement Estimated Cost Reconstruct Front Parking Lot $36,000 Reconstruct Rear Parkin Lot $151,000 Total Construction Costs $187,000 Indirect Costs $28,000_ Total Project Costs $215,000 The original Capita' Improvement Program (CIP) for the front and rear parking lot budgeted $201,000. The current engineer's estimate is $14,000 over the originai budget, primariiy due to the addition of the following items which were not included it the original estimate: Front Parking Lot a Additional concrete curb removal and replacement o Additional sidewalk removal and replacement Rear Parking Lot o Stronger pavement design secfion required (determined after field investigation) o Concrete pad added at the garbage dumpster location. February 28, 2014 Mr. Bob Poschke Page 2 of 2 Reference: Fire Station Parking Lot Improvements - Approve Plans and Specifications If Council chooses to move forward with this project, approval of plans and specifications and authorization to solicit for contractor bids could be given at the March 10+h Council meeting. Bids could then be received on April 15th and brought back to Council for review at the April 28th Council meeting. The work under this contract wiil be completed during the summer and fall of 2014. In order to avoid impacts to the New Hope City Day, the contractor will not begin work until after June 21st A figure drawing showing the general location of the proposed improvements is enclosed. The complete construction documents are available at City Hall for review. If you have any questions or require further information piease call me at (651)604-4808. Sincerely, STANTEC W'. Christopher W. Lor,g, P.E. Attachments: Figure 1 Cc: Paul Coone, Bernie Weber, Shawn Markham, John Blasiak - New Hope; Adam Martinson, Rohini Ray, Jeremy Hauser - Stantec. Stantec Consulting Services Inc. 2335 Hlghway 36 West St. Paul MN 55313 Te;: (651) 636-4600 Fax: (651) 636-1311 April 18, 2014 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Fire Station Parking Lot Improvements City Project No. 920 Stantec Project No. 193801812 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on April 15, 2014. 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 10 Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Omann Brothers Paving with a Total Base Bid Amount of $180,058.34. This compares to the Engineer's Opinion of Probable Costs of $187,000. 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 Omann Brothers Paving should be awarded the Project on the Total Base Bid Amount of $180,058.34. Should you have any questions, please feel free to contact me at (651) 604-4808. Sincerely, r Christopher W. Long, PE Enclosure Contractor Total Base Bld Low Omann Brothers Paving $180,058.34 #2 Interstate Pavement Maintenance $186,213.50 #3 Minnesota Roadways Company $190,607.00 #4 Northwest Asphalt, Inc. $200,796.75 #5 DMH Asphalt Inc. $207,778.95 #6 Bituminous Roadways, Inc. $212,129.70 #7 North Metro Asphalt & Contracting $213,650.56 #8 GHM Asphalt $232,278.75 #9 New Look Contracting, Inc. $236,138.55 #10 Barber Construction, Inc. $253,730.00 The low Bidder on the Project was Omann Brothers Paving with a Total Base Bid Amount of $180,058.34. This compares to the Engineer's Opinion of Probable Costs of $187,000. 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 Omann Brothers Paving should be awarded the Project on the Total Base Bid Amount of $180,058.34. Should you have any questions, please feel free to contact me at (651) 604-4808. Sincerely, r Christopher W. Long, PE Enclosure sl antes May 6, 20T4 Kelly Omann Omann Brothers Paving 6551 Labeaux Avenue NE Albertville, MN 55301 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Re: City of New Hope, Minnesota Fire Station Parking Lot Improvements City Project No. 920 Stantec Project No. 193801812 Notice of Award/Contract Documents Dear Kelly Omann: You are notified that your Bid dated April 15, 2014 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $180,058.34 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1999 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Omann Brothers Paving (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, L Christoph r W. Long, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney Design with community in mind GORDON I.. JENSEN' MELANIE P. PERSELLIN`J STEVEN A. SONDRALL STAGY A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association ZLieensed in Minois/Colorado 'Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLEN, P.A. Attorneys At Law July 10, 2014 Valerie Leone City Cleric City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Fire Station Parldng Lot Improvements City Project No.: 920 Our File No.: 99.10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MxNNEsoTA 55443-1968 TELEPHONE (763) 424-8811$ TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw(Rispattorneys.com personal delivery Enclosed please find four copies of the contract and bonds for the above -referenced project, as well as the Certificate of Liability Insurance received from Oman Brothers Paving Inc. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, e A. o s, Assistant City Attorney, City of Ne Hope Enclosures cc: Jeff Sargent, Community Development Director Bob Paschke, Public Works Director Chris Long, City Engineer PAAuoroeylSAS11 Client ResU City of New Hope199-10030 (Public Woft gawai)V"ne ltr Fire Station Parking I.at Improvements- Proje d 920.doc all July 14, 2014 Kelly Omann Omann Brothers Paving 6551 Labeaux Avenue NE Albertville, MN 55301 SUBJECT: Fire Station Parking Lot improvements - Project 920 At its meeting of April 28, 2014, the New Hope City Council approved the contract with your company for project no. 920 for $180,056.34. 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 protect. Sincerely, Valerie Leone City Clerk, CIVIC Enclosures -- Contract, IC -134 cc: Bob Paschke,director of public works Chris Long, city engineer Shawn Markham, contract manager CITY OFNEW MOPE 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 40tt'vift It Project Manual For Fire Station Parking Lot Improvements Prepared for: City of New Hope, Minnesota City Project No. 920 CONTRACTMarch 2014 � ' Stantec Project No. 193801812 X16. R CERTIFICATE OF LIABILITY INSURANCE L� °"'�`"i""'°D"�'Y' 7/e/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require on endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomemen s . PRODUCERNAME:rY SMA Insurance 216 Park Ave S Ste 101 St. Cloud MN 56301 cT Ma !Cramer PRONE (320)251-3154 FAX(sao) 2s1-1957 E-MAIL AUPEW. Mary@ smamn . cam INSURER S AFFORDING COVERAGE NAIL# INSURERA:Union Insurance CO an INSURED Omann Brothers Paving Inc PO Box 120 Albertville MN 55301 INSURERB:COntinental Western Group 0804 INSURERC: INSUNER D : INSURER E . WSURERF: COVERAGES CERTIFICATE NUMBER -14115 Master RF'VISInNI A1HMRF2- 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 TR TYPE OF INSURANCEADOL 4401 Xylon Avenue North POLICYNUMBER POLICY EFF POLICY EXP IWDRM= LIMITS GENERALLIABIUTY EACH OCCURRENCE $ 1,000,000 X MERCIAL GENERAL LIABILITY COM arrIIA"AGE TO RENTED 300,000 P Eaocence $ A CLAIMS -MADE Ex—]OCCUR PA 306265525 /1/2014 /1/2015 MED EXP Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENLAGGRF,GATELIMIT APPLIES PER: PRODUCTS -COMPADPAGG $ 2,000,000 POLICY X PRO- LOC Emp. Ben $ 1 , 000, 000 AUTOMOBILE LIABILITY E® eceideDt IN LE LIMIT 11000,000 BODILY INJURY (Per person) $ A X ANY AUTO BODILY INJURY (Per aaddeM) $ ALLOWNED SCHEDULED AUTOS AUTOS PA 306255525 /1/2014 /1/2015 X NON -OWNED AUTOS HIRED AUTOS X PROPER DAMAGE (Per acct) $ X UMBRELLA L IAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIVS-liIADE DED I I RETENTION$ $ CPA 306265525 /1/2014 /1/2015 B WORKERS COMPENSATION X WCSTATCF IU- 911 ER EMPLOYERS' LIABILITY Y! N ITO r;, L. EACH ACCIDENT S 500,000 ANY PROPRIErORIPARTNERIF](ECUTME OFFICERNEMBER EXCLUDED? (Mandatory InNH) N I A 306265622 /1/2014 /1/2015 E.L. DISEASE- EAEMFLOYE S 500,000 IT yyees, describe under DESORPTION OF OPERATIONS below E.L DISEASE •POLICY LIMIT $ 500,000 A Equipment Floater /1/2014 /1/2015 RestedlLeaeed 200,000 Dad, 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlach ACOR0161, AddWanal Remarks 5chmMic, ii more space is requirrdj RE: Fire Station Parking Lot Improvements - City Project No. 920. City of New Hope and the City Engineer are included as additional insureds with respect to the general liability per Additional Insured Form #AB1482, per contract. General liability waiver of subrogation applies to certificate holder under Form #CG2404, per contract. CERTIFICATE HOLDER CANCELLATION (763) 531-5136 saw@jspattorneys.com 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 AUTHORIZED REPRESENTATIVE New Hope, MST 55428 Chris Rodriguez/M4G ACORD 25 (2010105) I NS02S (2oiw5).os ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Init. -F, kyr A x ; ,wry Payment Bond Document A312 TM -2010 CONTRACTOR: f7Vame legal stows and addr- s . ) Omann Brothers Paving, Inc. 6551 La Beaux Avenue NE Albertville, MN 55301 OWNER: City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: SURETY: (`'amc. legal status alld jrr•fncjpal p1tCE of businessj North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 Amount: One Hundred Eighty Thousand Fifty-eight And 341100THS($180,058.34) Description: f_Vame acrd location) Fire Station Parking Lot Improvements, New Hope, MN BOND Date: Yot earlier than Coll-SXtrction C'orrtract Dale) Amount- One Hundred Eighty Thousand Fifty-eight And 341100THS($180,058.34) Modifications to this Bond: M .none CI $c.e Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: FC'orpc�raf- Sen,') Company: (C LWP0rar.- S,_r7b Bond No.: 2180319 Th's document 1%ls impo,len', iegal cc 7seguences. CUn5U.tiillotl Wilk I n attr.-ney is en+:o,,irogeci witlj respect 10 its cc. 111:.etion ar n1OV-1ration. Any s rgular refere-ice to Contractor, Suety, Croner or other party shat: be cons -tered Pl. ml Where appl:catle. AlA:ocumenf A312-20 O cc mbines two spaarate bonds, p Performance Bond oacl a Payment Bcnd, into ori `c m. Th`s is not a sing e combined Perfa-mance aid Paymr.r` Bond. Omann Brothers Pa ving,orth American Specialty insurance Company Signature:. Wo , (%Z e z.e4 Namc Nantc Melissa M. Nordin and Title: b-..�' and Title: Attorney -in -Fact 6IMt vc7cditioranl .si anurs aPPear otr the last page oj'diis Pappnew Bond.) (FOR TIOYO_VLY—Name, adreess and telephome) AGENT or BROKER: OWNER'S REPRESENTATIVE: American Agency, Inc. 64r'rhttect„ Engineer or otlrea• jW711-.°f 5851 Cedar Lake Road Minneapolis, MN 55416 (952) 545-1230 AJA Document A312;m —2410. ?he American Institute of Archt:ects. maim 5 Bond No.; 2180319 § 1 The Contractor and Surety, jointly and san°erally, hind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the per:ro.rmance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 21f the Contractor promptly makes paytnent of'all sums dire to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor. materials or equipment: l'Ltrnished for use in tine perrorma.nce of the Construction Contract. then the Surety and the C ojitracw shall have no obligation under this Bond. § 3 If there is no Owner Default under the C:onstnaction Contract, the Surety's obligation to the Owner under this Bond shall arise atter the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) ofclaints, demands, liens or suits against the 0% nor or the Owner's property by any person. or entity seeking payment for labor, materials or equipment Burnished for use in I)e performance ol'the Construction Contract: and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.. § s "rhe, Surety's obligations to a Claimant under this Bond. shall ari=se after the following: § 5.1 C;lainiont-, who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the patty to whom the materials were, or equipment was. banished or supplied or for whom the labor wart done or performed, within ninety (90) days after having last performed labor or last f=urnished materials or equipment included in the Claim; and .2 have sent a Claim to thr Surety (at the address dcscritx-d in Section 13). § 5.2 Claimants, who arc employed by or have a. direct contract with the Contractor, have sent a Claim to thu Surcty (at the address described in Section 13). § 6 ifa notice of non-payrnent required by Section 5. 11 is given by the Owner to the Contractor. that is sufficient to satisfy a Claimant's obligation to fil.rnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2. whichever is applicable, the Surety :hall promptly and at the Surety �s expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (ilii) days after receipt of the C:aitn. stating the amounts that are undisputed and the basis for challenging; any csmounLs that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall nrn be deemed to constitute a waiver of defenses the Suroty or Contractor may have or acquire as to a Claim.. except Lis to undisputed amount.% for which the Surety and Claimant have reached agreement. It. however, the Surety fai Is to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall inden:rnity the Claimant for the reasonable attorney's fe-s the: Claimant incurs thereafter to recover any sums found to be clue and owing to the Clairnam. § S'lhte Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 1e.;s provided under Section 7.3_ and the amount of €his Bond shall be credited for any payments made in good faith by Lhe. Surett . § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisry claims, if any, under any construction perfonlla-azce. bond. By the C=ontractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the. performance of Ike Construction Contract are dedicated to satisfy obligations of the Contractor and :Surety under this Bond, subject to the Owner's priority to use the funds for the compiction of the work. [nit. AIA aoocaraent A012 I —2010. The Al aEICDn Itis !Ue cif rcni`.ects. — 6 Bond No.., 2180319 § 10 The Surety shall not be: liable to the Chvner, Clai.tlrants or others: for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be liable for the payment of any costs or expenses of tiny Claiutant under this Bond, and shall heave under this Bond no obligation to make paymetlts to, or give notice on behoatf of, Clatiin ants or olherwLc have any obligations to Claimants utrder this Frond. § 11 The Surety Itcreby waives notice of any change, including changes cif ti.ine, to the Construction Contract or eta relaxed subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant Lander this Bond other than in a court. or competent juri-Aiction in the state .in which the project that is the subject of the Construction Contract is located or after the expiration of one year fro:n the date (1) on which tine Claimant sent a. Claini to the Surety pursuant to Section 5.1.2. or 5.2, or (2) on which the last labor or Service was performed by anyone or die last material- or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are %c id or prohibited by law, the minimum period of lhanitation available to sureties as ,l defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the. Contractor shall be a ailed or delivered to the address shown on :he page an which their signature appears. Actual receipt of notice or Claims, however acconanl ished, shrill be sufficient compliance as of the date received. § 14 When. tlik Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be dcerned deleted herefrom and provisions conforming to such statutory or other legal requirement shal I be deemed incorporated herein. When so furnished, the; intent is that this Build shall be corastru, cd as a statutory bond and not as a common. law bond. § 15 Upon request by any person or entity appearing to be a powntial beneficiary of this Gond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made:. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minirnunr: .1 the name of the Claimant: .2 the name of the person for whoan the labor Nva, done. or mate:riais or equipment furnished: .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use: in the Performance of the. Construction C ontnict; .4 a brief description ofthe labor, materials or equipment :Furnished; .5 tate Batu on which the Claimant last performed labor or Inst furnished materials or equipment Fur usL in the performance: of the Construction Contract; .6 the total amount earned by the Claimant for lai3or. materials or equipment furnished as of the date of the Claim: .7 the total amount of pr€;vious payments rcceivcd by the Claimant: and .8 the total a€nount due and unpaid to the Claimant for labor, materials or equipment furnished as of the data of the Claim. § 16.2 Claimant. ,1n individual or entity having a direct contract with the Contractor or with a subcontractor of the COrttraCtDr to furnish labor; :materials or equipment for use in the performance of the Construction Contract. -I -hes terns Claimant also includes a€ny individual or entity that has rightfully asserted a ekiitn under an applicable rnLchanic's lien or similar statute against the real property upon which the Project is located. Thu intent of this Bond small bc: to include ,Aitliout limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heart. oil. gasoline. Lelyplaone service, or rental equipment used it the Construction Contract, architectural arid en-ince,rina services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items fer which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes rnad.e to the agreementand. the Contract Documents. ]nit. AIA Documeni A312.1- —2010. The Airarlcein $nstltr,te of Arctil'ects. 7 Bond No.: 2180319 16.E Owner Default. Failure oftlae Owner, which Inw, not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform aad complule or comply v ith the other inateristl jerl7tS ol'the Constrtiction Contract. § 16.5 Contract Documents. A.1.1 the documents that comprise the agrccment between the Owner and Contractor, § 17 If this Bone[ is issued for an agreement between a Contractor and subcontractor, the tcm.j Contractor in this .mond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor, § 181V4,0difica.1a0ns to this bond are as tollo-%v3: (Space is pre vi:red belaw for addiriw)rd sigrratnre.s• of ad(,'ed prarries. ocher- near those oppeari;rg orr the cover lrag(� ,) CONTRACTOR AS PPJNC11'AL SURETY Company: (Corpova- Seal) CotrpunyiC'oryorirt- ,Sk-r..'J Signature: Name and f'itle: ,'kddre:ss Signaturc: Name and Tit.le.: Address CAU -10W. You sho:Ad sign an origina' AA Contract Docurnert, on w:,ich this text appears in RED. An original assures that changes will not be absckred. Init. AtA Document A312.m —2010. The American Institute of Architects. 8 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 —he_ executed the same as his/her/their free act and deed. (Notary CORPORATE ACKNOWLEDGMENT STATE OF { rliv ,,,� �F COUNTY OF ACJ"_ �1 ss On the 9 day ofa'u/y, a01 before me personally app red F� iJ� �� to me known, who being by nie duly s*orn, did say that he/she is the .AIA of Omann Brothers Paving, 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 his/her name thereto by like order `� 1 fkRIE I INDPW I'�R_ NOTARY•PUBLIQ:MINNE5pT.A- (Notary eal) c My Cemmis�0"Expires an.31, fl15� ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF Hennepin On the day of -Uk, Ii before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the North American Specialty Insurance 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. (Notary Seal) --� DANIELLE IRIS CLEMANTS' NOTARY PUBLIC - MINNESOTA ,< My Commission Expires Jan. 31, 2017 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY STARKS, DAVID E. SELL, ROBERT E. CLEMANTS, DANIELLE CLEMANTS, MELISSA M. NORDIN, JOAN K. REMICK and ALAN STARKS JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shal l exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9's of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." nunuiil,p,� �_ .lona1 '........ 4 ?rx By � "tFR Rat h —_ S1AL :O S Steven P. Audelmn, senior Vice President of Waskingmn International lesurance Company SEAL s _g •'fi 1973 �V.IQ :44—Yu & Senior e President of North American Specialty Insurance Companys 'Cl F„ �pnlniuuu+� By David YDrvid M. Lyman, Viae Praidmt oP Wn4in4tmn International Inmrnnee Company A Vice peaiJmt ofNerth Ameritme specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25th day of _ May 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of May 202, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. La man , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OfMCfALIiEAL" DONNA D SKLENS NOWY Public, Slate of Illinois lbs Commis"Explres 1410bW15 ,Qc,,v Gt `t/ , JU1,4 Donna D. Sklens, Notary Public I, Jeffrey Goldberg _the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 20 JeffmY Guldbvg• Vice President & Assistant Secetmy of Washington Intemutiunal Insurance Company & North American Specially Insurance Company ,A1A �0:7� Performance Bond Document A312 TM -2010 CONTRACTOR: Ov-m rc, Ii dal .arae .s and aritlrrss j Omann Brothers Paving, Inc. 6551 La Beaux Avenue NE Albertville, MN 55301 OWNER: (Mane lBb[7l SlfTrl.lS aria' at C7'�.5. ,. City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: SURETY: !larrr�, l gu(srarnsaiidprri!)Cipa place of business) North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 Amount; One Hundred Eighty Thousand Fifty-eight And 34I100THS($180,058.34) Description: flraine and location) Fire Station Parking Lot Improvements, New Hope, MN BOND Date: !Not: ar•lier• d7cm Cow tivietion Contract Dam) AmOLInt: One Hundred Eighty Thousand Fifty-eight And 341100THS($180,058.34) Modifications to this Bond: IN Nono ❑ See Section 16 CONTRACTOR AS PRINCIPAL_ SURETY Company, (C07p01•0fP Seat) Company: (C'nrporat�- Seryl) Bond No.: 2180319 Th:s document h is tnipo-tan', legal cc;isequences. Consu:tatirm &All an at'c:ney is ancoiraged Milli respect to its comr etion or warli`lre.ion Any s.ngLrlar refe•-ence 10 Contractor; Surety. Cwner or other party 'ia[ I -,e coi). Jr -red p�,jril 4.here applicable Alts aocumen' A312 -2C "I c - bi•tes t.ro se'�arte I?crnJ, a Performance Soy rl wici a Payment Bc-)d, inu? 0116 m. Th s is not a sing:e csm meed Performance and Paymer.' Bond. Omann Brothers Pang, Inc. North American Specialty Insurance Company Signature: Signature: y f L%ry Name ivatne Melissa M. Nordin and rittc: �and fitic: Attorney -in -Fact ! Jnr ca` Trios r 1 aig7rrtnr'es• OPPCJTr on rlic )astprae o{Thr S Pc ifor-nonce Bond.' rF04 1'vF0Rz113TI0jV- 0., LY — 'dnr;at-, arcs ss: eind fel: Falcone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Archilect..Engineer• or• 01hC.rp0rrl°:) American Agency, Inc. 5851 Cedar Lake Road Minneapolis, MN 55416 (952) 545-1230 Init. AIA Document A312 .b - 2010. -Me An'erfcan Instltute of Architects. -.., 1� Bond No.: 2180319 § 1 -Me Contractor and Surety, jointly and s.:vc:rally, bind thenise`vus, their heirs, executors. adm inistralors. succe,,sori and az.Agns to the Owner 1't>r the per.tormance ofthe C.',onstructioax Contract, which is incorporated harein by rcicrence_ § 2 I:f the Contractor pufornts the Coustruction Contract, the: Surety and the Contractor stead have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation sander this "Bond shal I arise after 1 the c caner first provide,. notice to the Contractor and the Surety that the Ower is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference anlgng the Ourner, Contractor and Surety to discuss the Contractor's performance, If the Owner does not request a conference, the Surety may, within Eve (5) business days aR:er receipt of the Owner's rtes icr. request such a conference_ If the Surety lamely requests a confcrence. the Owner shall attend. Unle;s the Owner a reel otherwise, any conference requested under this Section 3. I steal I he held within ten ( 1 U) business days of the Surety's receipt of the Owner's notice. If the Owner, the. Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agmr ement shall not waive the Ow-nrr's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, tcrnlinates the Construction Contract and notifies the Suretv; and .3 the Owner has agreed to pay the balance of°the Contract Price in accordance with the terms orthc Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a thilure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the: extent the Surety demonstrates actual preiudice. § 5 When the Owner has satisfied.the conditions of Section 3, the Surey shall promptly and at the: Surety's expense take one of thu following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Contraction Contract; § 5.2 Undertake to perforin and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids c r negotiated proposals from qualified contractors acceptable to the Owner for ca contract for performance and complction of the Construction Contract, arrange for a contract to be prepared for execution by (lie Owner and a contractor selected with the Owner's concurrence, to be Secured with perfonuance and pay ment bonds executed ay a qualified surety equivalent to the bonds issued on th,: Construction Contract; and pay to the Owner t,ie amount of daanages as described in Section 7 in excess of t,ac Balance of the Contract Pricc incurred by the Owner as a result of the Contractor Default_ or § 5.4 Waive its right to perl'orm and complete, arrange; for coanpletion, or obtain a new contractor and with reasonable promptness under the eircurnstanc:es., .1 After investigation., determine the amount for which it inay be 1 iaable to the Owner and, as soon as practicable after the antoatnt is determined, snake payment to the C?wner; or .2 Deny liability in whole or in pa_ t and notify the Owner, citing, the reasons for denial. § 6Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the 'Surety shall be 6cemed to be in default on this Bond seven days after receipt ofan additional written notice from the Owner to the Surety detnandi.n.g that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy availuabh; to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner .refuSC'S the payment or the Surety has denied liability, in whole or in part. w"rthout further notice the: Owner shall be entitled to cnitn cel ark remedy avail -able to the Owner_ In1t. AIA Docunient A312 -M -2014. File American Institute of Archl=.eCts. 2 Bond No.: 2180319 § 71f Ilae Surety elects to act undor Section 5.1,. 5.2 or 5..a, then the responsihilit.ics of file Surety tc, the Owner � Jwll not be greater than those ofihe Contractor under the Construction Contract, and the responsibilitie, ofthe Owi'ne.r to 11110 Surety shall not be greater than those ofthe Ow ner under the Construction Contract Subject to the commitment by The Owner to pay the 13alanix of tiro Coniract.Price, the Surely is obligated, without duplication, for .1 t:hu responsibilities of the Contractor for correction of defective work and completion ofthe Construction Contract, .2 additional legal, design professional and delay cos:S resulting from the Contractor's Default. and resulting from the actions or failure to act of the Surety under Section 5, and .3 liquidated damages, or i:f no liquidwed damages are specified in the Construction Contract, actual damages caw ed. by delayed performance or non-perrormance ofthe Contractor. § 8 IfLh.e Surety elects to act tuide:r Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amourit. of This Bond § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Consiruction Contract, and !he Balance of the Contract Price shall not be reduced or set off on. account of itily such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Ow ner or its heirs, executong, administrator. successors and assigns. § 10 The Surety herebywaives notice a(any change, irwcltading changes of time, to the Construction Contract or to related %ubcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the v ork is located and shall be instituted within two years after a ucclandt.ion of Contractor Desault or within two years after the Contractor ceased working or with in two years alter the Surer% refuses or fails to perform its obligations under this Bond. whichever occurs first. [f the provisions of this Paragraph are void or prohibited by Jaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shalt he applicable. § 12 Notice to the Surety, the Owner or die Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, § 13U --hen thi9 Bood has been fulmished to comply with a statutory or other legal requirement in. the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall bu deemed deleted hercfrom and provisions conforming to such statutory or other legal requirement shat I be deemed incorporated herein. When so furnished, the intent is that [his Bond shall be construed as a statutory bond and not as a common law bond.. § 14 Definitions § 14.1 Balance of the Contract Price, The total amount payable by the Owner to the Contractor under the Consu uc•tion Contract at:ler all proper adjustm,nts have been made, including allowance to the Contractor of any amounts rcc4iw•cd or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments [nude to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agruement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.. § 14.3 Contractor Default failure ofthe Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material toren of the Construction Contract. § 14.4 Owner Default. failure of the Owner, which lies not been tomcdied or waived, to pay the Contractor asrequired under the Construction Contractor to pvxf'orm and complete or comply with the other maaleria.I terms, of the Conslructi.o.ra Contract § 14.5 Contract Documents. All the documents that comprise the agrcem.rlent betweenthe Ownerand. Contractor. § 15 if this Bond is issued for an a.gre%ment between a Contractor and. subcontractor, the term Contractor in this Bond shall he doemed to be Subcontractor and the terita Owner shall be deemed to be Contractor. Inst, AIA Document A312 :n, — 2010. The Afnerican Institute of Arctiiteets. Bond No.: 2180319 § 16 Modiitcationy to this bond are as follow,: eSpace,isprovideclsiptntrnesofr0dc..1pa)-tics:,nFiter•Illalthos<<•tvpeararlgOnala,-covel•pa c?.) CONTRACTOR AS PRINCIPAL SURETY Company: CCorpor•care So aij Company rCo�part7r�: ,5' t7r1 S ignaturc: Name and Tills: Address Signature: Name and "Title: Address CA_UT[Ct4: You sho,Ad sign ark or[g nal Alk Contact Documert, on which this text appears ir- RED. Ar origina; d)at cl=anger, will not �)e obscured. Inst. AIA Document A312'1 —2010- The A.r eYlcan Institute of Art Weds, 4 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF 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 —he_ executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF A) COUNTY OFA On the -I day of J_jI-,_�CI before me personally appeareA )� fl to me known, who being by duly iJorn, did say that he/she is the .6 of Omann Brothers Paving, 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 his/her name thereto by like order 0."-PEL0118SMARIE UNDENFELSER ' NOTARY PUBLIC - IVINNES TA (NotarySeal) myCommission"expires Tan: 34,2Q15 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF Hennepin On the day of VIy, I q before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the North American Specialty Insurance 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. (Notary Seal) DANIELLE IRI7-MiNNE80TA EMANTS' NOTARY PUBUMy Commi ssion Exn. 31, 2017 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY STARKS, DAVID E. SELL, ROBERT E. CLEMANTS, DANIELLE CLEMANTS, MELISSA M. NORDIN, JOAN K- REMICK and ALAN STARKS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." sr = b gi= B 4Nd _ SEAL s n Steven P. A Senior Vice president of Watld Rq�;•.G ndefann, ngton international Insurance Company 3i SEAL �.N 1979 c & Senior Vice President orNorih American Specialty Insurance Company 2 is ME BY David lel. layman, Vice PresldAt of Washiuetam International Inaurance Company & Vim Pseddent of North Americas Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25tit day of MaY 2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of May 201 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICiALSEAV' DONNAD.SKLENS Notary Aitilic, State of Illiaols M C.amwission8xpiresi4l061Z015 Donna D. Skiens, Notary Public 1, Jeffrey Goldbeg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington international Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _ day of , 20 ..>'" ter• .,._ �,��...�1—.... JdCrcy Guldberg• Vice President & Assistant secrelary aF Washington lntema0onal lnsurmcc Company & Nortb America" Specially Insurance Company Stacy A. Woods From: Lori A. Scherping <lori@smamn.com> Sent: Wednesday, July 09, 2014 12:19 PM To: Stacy A. Woods Cc: chris.long@stantec.com; adam.martinson@stantec.com; Steven Sondrall Subject: RE: City of New Hope - Fire Station Parking Lot Improvements - City Project No. 920 Omann Brothers Inc. Attachments: Revised Cert.pdf Hi Stacy, Attached is the revised cert you requested. Thank you, Lori Scherping, CISR Customer Service Agent SMA Insurance 216 Park Ave. South, Suite #1011 St. Cloud, MN 56301 T: 320.251.3154 j F: 320.251.1957 www.smamn.com I lori@smamn.com Business Insurance I Employee Benefits I Retirement Plans I Personal Insurance I Risk Management Voted 2008 & 2014 "Agency of the Year" by the Minnesota Independent Insurance Agents & Brokers This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance an the contents of this information is strictly prohibited. -----Original Message ----- From: Stacy A. Woods [mailto:saw@ispattorneys.com] Sent: Wednesday, July 09, 201411:22 AM To: Lori A. Scherping Cc: chris.Ion e@stantec.com; adam.martinson@stantec.com; Steven Sondrall; Mary E. Kramer Subject: City of New Hope - Fire Station Parking Lot Improvements - City Project No. 920 - Omann Brothers Inc. Hello Lori, I just e-mailed this to Mary and understand she is out of the office, so am contacting you instead. Hopefully you can handle this as the contractor is ready to get started on this project with the City of New Hope. I'm contacting you about the Certificate of Liability Insurance for the insured contractor Omann Brothers Inc. You're listed as the contact person. The following language must be added to the Certificate pursuant to the Contract with the City of New Hope, Article 5: Under the Description of Operations... Additional Remarks, please insert: City of New Hope and the City Engineer are included as additional insured for general liability per Additional Insured Form # and a general liability waiver is provided under Form # Let me know if you have any questions. I understand this is a rush and i need these revisions made to the Certificate of Insurance in order to approve the Contract. Thanks, Stacy Woods Assistant Attorney, City of New Hope Stacy A. Woods* JENSEN SONDRALL & PERSELLIN, P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 Phone (763) 424-8811 Fax (763) 493-5193 Direct (763) 201-0265 Cell (612) 501-0494 saw@ispattorneys.com *MSBA Board Certified Real Property Law Specialist m Please consider the environment before printing this e-mail. WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mail a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments of any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify sender via E -Mail reply. SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER 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. Christopher W. Long Date: March 31, 2014 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS ® 2014 Stantec T93801812 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0041 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 20 00 Price and Payment Procedures 0131 00 Project Management 01 3300 Submittal Procedures 01 40 00 Qualify Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 - Existing Conditions 0241 13 Selective Site Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 2313 Subgrade Preparation 31 3219 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 3211 23 Aggregate Base Courses 32 12 01 Flexible Paving [Municipal Projects] 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Curbs and Gutters 32 17 23 Pavement Markings 32 92 00 Turf and Grasses ® 2014 Sfanfec . 193801872 TABLE OF CONTENTS G001 10 - T Division 33 - Utilities 33 05 17 Adjust Miscellaneous Structures 33 46 00 Subdrainage Division 34 - Transportation 3441 05 Traffic Signs and Devices END OF SECTION TABLE OF CONTENTS 0 2014 Stantec 1 193801812 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Tuesday, April 15, 2014, 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: Fire Station Parking Lot Improvements In general, the Work is generally describ6d as follows: removal and replacement of existing parking lots and adjacent sidewalk. Complete digital Bidding Documents are available at www.quesfcdn.com for $20 by inputting QuestCDN eBidDoc #3177602 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651 ) 636-4600. Direct inquiries to Engineer's Project Manager, Chris Long, at (651 ) 6044808 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 m 2014 Stantec . 193801812 ADVERTISEMENT FOR SIDS 0011 13-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to; A. It is the responsibility of the Bidder to go to QuesfCDN'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 QuesfCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Stantec Plan Room, E1J,S7.UTICJS'TC BIDDERS 0 2014 Sfarfec 193801812 0021 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 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The SupplementaryConditions 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. INSTRUCTIONS TO BIDDERS OO 2014 Stantec 143801812 0021 13-2 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 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 off he Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions of 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;" consider the information known to Bidder, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; 0 2014 Stantec 1193801812 INSTRUCTIONSTO BIDDERS 0021 13-3 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; 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 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. INSTRUCTIONS TO BIDDERS 0 2014 Stantec 193801812 0021 13-4 ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 1.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful 0 2014 Stantec 193801812 INSTRUCTIONS TO BIDDERS 0021 13-5 Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid item. and Bid Unit Price Bid Item listed therein. 13.03A 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. 13.0.4 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 INSTRUCTIONS TO BIDDERS 0 2014 Stcntec 193801812 0021 13-6 qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form, ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. ARTICLE 15 SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the some manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids are due at the time indicated in the Advertisement for Bids. 0 2014 Stantec 193801812 7 ARTICLE 18 - BEDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. INSTRUCTIONS TO BIDDERS p 2014 Stantec 193801812 0021 13-8 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION 0 2014 Stantec ; 193801812 INSTRUCTIONS TC) BIDDERS 0021 13- 9 Sfianfiee BQJDF�i: Q�tl�Ci -J+� �s U�� DOCUMWr00 Al 10 BID PORK FM SR1IDN PARECING ID TIMPHO VI MEMS C IIY PBA JMTNO. 920 SRIN E PROJIDTNO. 198801812 NEW IID PE, MRWE9D'M 2014 71M B3) IS SUB)1MD TO: City o £New ido p e City Ha Il 4401 Xylo n Av a nue North New Bops, MN 55428 1.01 bra andamigned Bidderpmposeaandagree4 EOkisBidisaccepted,to ontarinto onAgreamentwithOwnerintlhe form inchrded inthe BiddingDocumeatato peribrm allWaikasepecired orindicated tnthe Bidding Documentsforthe pAeaeand within the time a indic ate d in thio Bid a nd n a c c o rd■ nc a wit h tha o therts mie a nd c o nditio pa a f the Bidding Documents. 2.01 Bidderaccepteallofthe t xxasand conditionsofthe laetractionsto Biddere,including withoutlmitatienthase dealing with the disposition of Bid Sacurty. the Bid wrbmmainsubjectto acceptance for50days atterthe Bid Opening, oxforsachlonger period oftime that Hid dorms yagree to inwritinguponre quo atofOwner. 3.01 lic sob mitring this Bid, Bidd erre p ra sents that: A. Bidderhaaexamiled and csrefaW studied the Bidding Documenta,the otherrelated data identd'ied iathe Bidding Documents, and the fallowing Addenda.raceiptaf allwhich ishereby acknowledged: & BidderhaevWtsd the Me and become familiarwithandissataliiad sato the genenl,bcal,andSite conditionsthat way affactcookpmgras%andparFormance oftho Wadc. C.$dderisfam>barwithandissatMkdastoa1federat, date, and bcallawsandRaffulationethatmaya%ctcogk progress,andperfommanee oftha Werk. D. Bidderhascamfukstadiad al:(1)raporteofasplomtioneandtestaofsabscufaca condtionsat orcontiguouoto,the Me and all drawings afphysicalcondtionsinarm latingto existing aurface arsubsurface ahnctumeat,arc ontiguous to, the Site (axes ptEkdergmund lhcilties)which have been identirad in SC -4.02, and S2)mpadoand drawings af Be zanio us Ehv ro ame ntal Ca nditio no that have be an ide ntifiis d in SC -4.08. E Bidderhagobtained and carefullystudiad(araccaptetheconsequanceefornotdoingeo)alladditionalor sap p le me ntary a xamina do na, inve atig a do as, explorations, toots, atudie s and data c o nc a ming conditions ( ends c e , aabomfece, and Undargmund Faciti ies) at, orcontiguouato,the Site which may affecte ask pmgmes, orparfhrmence oftha work orwhichralate to any aapactofthe means, methodo, techniques, sequencea, and pmcedurasof constmetionto bs employadbyBiddeziLobading applying the apeeifc means,methods,iachnkuea,eequencea,and procedures ofeonstmctianexpronlymquiedbythe Bidding Documents -to be emptoyadbyBidder,and safety pracautionsand pmgramoincidentthamto. R Bidder doe snote ansiderthatany furthareaminstick no, investgationo, explorations,toste etudiss,ordats arra nee emery fortho datenakationofthieBid forpartbrmance oftha Workotthe price(s)Bid and within the timesand in soaordanea with the othartammsand conditionaofthe Briding Documante. G. Bidderisaware ofthe gonerolnaterB ofwo3kto be pe3fonned by Ownerand othersatthe 9& thatzelatesto the Work noindicated inthe Bidding Documents. n,20149Fanma r9"d01912 B1P 1uRIIS H BidderheacouelatedtheinfonuationknowntoBidderinformationandabservationoobtainedfromviadatotheSk, reports and drawingaid a ntifiad inthe Bidding Documents, and aRadditionaIaxaminations,inveetigatinno, explDrations, to eta, studies, and data with the Bidding Documents I Bidder hae given Engineer written no tic a ofallDantbate,enom,ambiguitos ordiscmpanciasthatBidderhas discovew d in the Bidding Dc cumanta, and the written meohrtin n them afby Ihginaaria acceptable to Bidder. S. The BiddingDocumentasm generalty suffiieientto indicate and convey understanding ofaILtermsand conditionofor the performance ofthe Workforwhichthis Bid issubmitted. K BidderwrIlarrbmitwlottertevidence ofBsauthority to do businessinthe state wham the Projactislocatad notlatorthan the date ofitBaxecuthnofthe Agmsmant. 4.01 UAderfirttherrapro seutsthat A. Me pric an in this Bid have been arrived at inde pendently, without c eneultatio n, c ommunic atiD n, oragmement asto anymattererelatngto such pricoswithany otherBidderorwithany competiboribrthe purpose ofrestricting B. The pricesinthis HUbave not orwKnut, be knowingly disalosad to any otherBUderorcompetitorpriorto opening of C, No attempt has boon ma do orwiflbe made bythe Bidderto induce any otherpereoa orfcm to submitornotto oubmita Bid tbrthe purpose ofrestectvrg competitiDn. 4.02 Bidderunderstendsthatthe law maymquire the Owner,orEnginseratthe Ownar'sd rertion,to undertake an inveeke Non and submit an a valuation cone amingBiddeiemsponsive,noa%map onsib>bty,and qua Kira tionobefnra awarding a contract. Bidderhemby waives any and ell almims, ofwhatever natum, against Owner, &ginearand theiramployese and age nta, whic h arise outoformlate to such inveskationand evaluation, and statements made asa meultthereof,except for statementathateenhe shownbyclearand convincing evidence to be intantinnal),yfalea and made withactualmalice. Nothing urtl¶¢raphisintandedto mstrktBiddelsri¢htsto chalbnae a eontfactoursuantto law. 5.01 BidderwKcomplete the Workinaccordance with the Contract Documentstbrthe following piice(s): Allapecfx c ash allowancesare inc brdedinthe price(a)setforthbelow and have been computedinaccardance with Paragraph 11.02 o f the G e ne ra l Co nditiD ne. UnikFAceahave been computed in accordance with Paragraph 11.09.Bafthe GenomICond"no Sidderaclmowledgesthatsoftated quantities are notguaranteed,and are solelytbrthe purpose ofcampariaonof Bide, and finalpaymontforallUnlPtica Bid itemewffibe based onactualquentkiaapmvided, daterminsd sepmvidad No . 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CASIM WMNEW RINGS PA FA IA a 1 2 $ -)50 jj��(� ov $ V " " $--q 50- C* o0 $ o $ 00' 45 SIRF�'i'SWEEM(WM-lP➢CKWBROOM) ROMPROU09DN 'IDTILLFAET2 - MkKPAWMG IDT HR IA 5 2 �(� GR► $..LSrLSL— ae1 $ I s o C41 $_2L �<— '`� COO $✓ Q $ 1581 , IND SUMMARY= IOULPAHI'1 - PRONTPARUNG MT '10TALPAAT2 - IWARPAiiMG MT TOULM ® 2014 Sante c Y 19$901912 00 41 1D .4 B¢7 10RM 6.01 B'idderagteasthe tthe Worlr.wtilbe $ubeta ntiaAjrCample ta(land completed and nadyforiflnaIPayment in aaaotdamea wthPaiagtaph 14.07.$ofthe GenezeiCoudidonsonorbefate the da toaorwtd&the numb erafcaland er da ys fadfc a to d fn the Ag to a the nt. 6.02 Mideracceptsthe P—Wonsofthe Agteemeatasto liquidated damagesih.the eventoffa&m to complete the Wo ticw1ithfnthe time aspecTwd above,whichshnIbe slated in the Agmameat. 7.01 Tw ibllowfng docamenisam attached to and made a concINDuofthisM: A. Re q uiie d Bid Se c uttty in the fo tm of 5 p e ze ant. 6.01 The to rms used in this Hid with iaitia 1 c ap italle tte 1s have the mea maga ata to d in the katnxc do ns to $dd a 1s, the GeneralConditfons, and the StpglementatyCoudrtaons. 1£fdderb: b-Cotaotaticca CotpotetionName: k..�� State oflEtcotporation: M �i51`Ar Irpa (Gau m1 Basin ss, Pro fee®ona1, %rviee,iintfted Iiab1'iity): rtJ( (F _ '{�gnatutel Name (typed orptinted)= We: l-Sifl .r.A� Atte st (C O I{!?il B`ATES�lII (sguatu ofCotpotate Sectetsry) Basin ss Stte e t Addteas (No P.Q. Box #V: Phone No.: _7–[ 4�' 1) Fk.No.: e-m.aladdiees 0 2014 arms - 193901SIZ 00 41 10 - 6 M FOS Document A31 /{Tm - 1970 KNOW ALL MSN 13Y MSE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Omann Brothers Paving, Inc. 6561 La Beaux Avenue NE Albertville, MN 56301 as Principal, hereirmfler called the Pdncipal, and (Ilere insert fall name and address or legal title of Surety) North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert f dl name and address or legal title of Owner) City of New Hope 4401 Xylon Ave N New Hope, MN 55428 as Obligee, hereinai`tet• called the Obligee, in the sum of Five Percent (5%) of the Amount of the Bid Dollars ($ 5% ), for tate 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. WNEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2014 Street Improvements NOW, THEREFORE, if the Obligee shall accept Che 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 die eveut of the failure of the Principal to enter such Contract and give such bond'or bonds, if the Principal shall pay to the Obligeo the difference nal to exceed the penalty hereof between the amount specified in said bid and such larger anount for which the Obligee may in good faith contract with another party to perform tate Werk cover, -ed by said bid, then ibis obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd (Witness) (Witness) day of June, 2014 Omann Brothers Payinsa. Inc. (Pr�traclpczd} (Seal) (Title) North American Specialty Insurance Company (Sure��'A ' (T'rtl an t a Attorney -in -Fact AIA Document A31 OTM —1979, Capyrlght01988 and 1970 by The Amedaan Institute of Architack. INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the I 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 _he_ executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF jbti ss COUNTY OF �),n, ht On the 17th day of April, 2014, before me personally appeared n to me known, who being by me duty sworn, did say that he/she is the of Omann Brothers Paving, 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 his/her name thereto by like order Z46b (Notary Seal) 9ELOVSVARIE LINDEidFtLS€R NOTARY PU8UC ,.MINNESOTA ACKNOWLEDGMENT OF CORPORATE SURETY @'MyUmmssion Envies Jan 91 *2015 STATE OF MINNESOTA ss COUNTY OF Hennepin On the 17th day of Aprll, 2014, before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the North American Specialty Insurance 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. (Notary Seal) TS,LE ANODANIFLLF IMS C NOTARYPUBLIC-MINNESTA My COmmissipn Expires Jan 31, 2017 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY STARKS, DAVID E. SELL, ROBERT E. CLEMANTS, DANIELLE CLEMANTS, MELISSA M. NORDIN, JOAN K. REMICK and ALAN STARKS JOrNTTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, sea] and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9d' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." lift" r� By Scr1L �A� s c = Sloven P. Andrnnn, Senior Vice President oF Washington Internaflonal IFISUrAnce Company 5141- _ 1979 mj & senior Vice President of North American Specialty insurance Company j a "surd M. Laymay Vlee PrasN at of Wnshinjtan Intemnliaonl Insurance Company � & Vice President of Narth American Spatially Insurance Camptuq IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25th day of May , 2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss. On this 25th day of May , 20.12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and David M. Layman 1 Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I]MCIALSEAV' p d DONNA D, SKLENS M �0.�� IMM JS Dolma D. Sklens, Notary Pub] is I, Jeffrey Goldberg —the duly elected Assistant SecretWX of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17 day of APRIL 2o14. Jeffrey Goldberg, Vice President & As-istanl Secretary of Wr.:hiagian Intemndonal Insurance Company & North American specialty Insurance Company SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Omann Brothers Paving, 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: Fire Station Parking Lot Improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: Fire Station Parking Lot Improvements, New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Milestones, Substantial Completion, and Final Payment A. Substantial Completion includes the completion of all work, including wear course paving and restoration. B. The following Start Construction and Milestones, as defined in the Supplemental Conditions (Section 00 73 05) of the Project Manual, and as shown in the Drawings, will be completed by the following dates: 1. Start Construction Front Parking Lot: June 23, 2014 or any time thereafter. 2. Substantial Completion Front Parking Lot: August 8, 2014. 3. Start Construction Rear Parking Lot: August 18, 2014 or any time thereafter. 4. Milestone: Wear course paving in the Rear Parking Lot must be completed after September 1, 2014. C. The Work will be Substantially Completed on or before September 2b, 2014, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before November 21, 20 T 4. 2014 Stantec 1 193801812 AGREEMENT FORM 005210-1 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires 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 staffed 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 Eighty Thousand, Fifty -Eight Dollars and Thirty -Four Cents ($180,058.34) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: AGREEMENT FORM © 2014 5tantec 193801812 005210-2 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. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE S - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." 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 tho 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. AGREEMENT FORM 0 2014 Stantec 193801812 005210-3 F Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: Fire Station Parking Lot Improvements. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 14 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 0 2014 Stantec 1 193801812 AGREEMENT FORM 005210-4 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in c©rrupf,.froudulent, 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 inteMional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM 0 2014 Stantec 1 193801812 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 IMA 2014 (which is the Effective Date of the Agreement). Owner: City of w H pe, Minnesota B Y= Attest: AddreCs��fo�r CLERK notices: G' NEW 'r urt 4401 /,A 0 h i iti' iL.. NEW HOPE, IVIN • Designated Representative: Name: KIRK McDONALD Title: CITY MANAGER Address: 4401 XYLON AVE NO NEW HOPE MN 55428 Phone: 753-531-5100 Facsimile: 753-531-5136 ® 2014 Stantec i 193801812 Contractor: Omann Brothers Paving By: Attest: Address for giving notices: License No.: Al (Where Applica le) Designated Representative: Name: J&A,J S4i��— Title:.Dro j e - .-I o-te,-Ave,,— Address: &S3-1 LA D^gtoo Avk, A!E Phone: ?6,3—f139 --?&0j Facsimile:' END OF SECTION AGREEMENT FORM 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal Lo Signature Print Name Title Attest: Signature Title Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. FACDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Pace 1 of3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 _ 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paae 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 PageIof3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within. 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 006113.16Page 2of3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein_ The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly fiunish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shaII be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engaineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page3of3 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACE`S A.; Q1 Co[ ti1L o 1:.,, ER C CObl ma M ASCE Amed an Society = - Naffana�i Soclety of of Civil Engineers _ -Professional Enfiineery Pwoulanal faglanta in Pffma Praetice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division ofthe NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by V CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright cid 2007 National Society of professional Engineers for EJCDC. Ali rights reserved. 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...................................................................................... 22 6.02 Labor; Working Hours......................................................................................................22 37 6.03 Services, Materials, and Equipment...................................................................................23 . 6.04 Progress Schedule.............................................................................................................23 6.05 Substitutes and "Or-Equals"..............................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 37 6.09 Laws and Regulations.......................................................................................................28 37 6.10 Taxes................................................................................................................................28 38 8.11 6.11 Use of Site and Other Areas..............................................................................................28 38 8.12 6.12 Record Documents............................................................................................................29 38 6.13 Safety and Protection........................................................................................................29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples.............................................................................................31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification.................................................................................................................34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site.........................................................................................................35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data.....................................................................................................................37 8.04 Pay When Due..................................................................................................................37 8.05 Lands and Easements; Reports and Tests...........................................................................37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program. ........................... ......••.••• 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page u 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances ............•......................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Nee iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work...............................................................................................60 15.02 Owner May Terminate for Cause.......................................................................................60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice....................................................................................................................62 17.02 Computation of Times.......................................................................................................63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings...........................................................................................................................63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paire iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or ser%ices 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 m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, technical or construction industry or trade meaning accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance words or phrases that have a well-known are used in the Contract Documents in A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 U0 f,' VJ 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 iteral of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the last 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 ofthe Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 7 of 62 00 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 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 0 2007 National Society of Professional Engineers For EJCDC. All rights reserved. Page 8 of 6-2. employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractors Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 52 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 fixrnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for casements 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 fin-ish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A, Reports and Drawings: The Supplementary Conditions identify: those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 12 of fit 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 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 ofthe Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. Ali 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 Contrnntnr may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also fiunish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 1S of 52 00 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be bome by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2, loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and 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 atter prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. 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 General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or 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. Engineers Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and ifg to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 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 govenunental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Tunes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paine 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. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.073 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (i 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 32 of 62 7205 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: 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 aH 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 ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perforin any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Iaw. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved, Pam 35 of 62 7205 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 36 of 62 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contrar-mr'c failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ®2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 007205 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0t.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 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 Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a CIaim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10,05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article lb within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, 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.B, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved, Pace 43 of 62 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.13), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of Partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.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. 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 malting good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.0 I .C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 LOLA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 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 V 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 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 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and t1.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright 0 2007 National Society of Professional En_&eers for EJCDC. All rights reserved. Paee 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually perforans 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 I1.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of ,i Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. E. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 99 of 52 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, Iosses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: I. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 007205 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. elie£ 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 54 of 62 7205 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the fall amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. An rights reserved. PaEe 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 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 functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 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 fall and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, B. Engineer's Review of Application and Acceptance: 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 012007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the Provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.0 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. An rights reserved. Page 59 of 62 7205 SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.13 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST Of THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14. PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SUPPLEMENTARY CONDITIONS 007305-4 m 2014 Stantec 193801812 SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 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 necessaryif 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; (H) 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. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION 0 2014 Stantec 193801812 SUPPLEMENTARY COND ONS 007305-5 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: Fire Station Parking Lot Improvements for the City of New Hope, Minnesota, City Project No. 920. B. Description of Work: Project consists of the removal and replacement of existing parking lot and adjacent sidewalk for the front parking lot, and replacement of the rear parking lot. 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, ore set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Coordinate all construction activities with Fire Station and City staff prior to commencement. 2. Construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be removed upon completion of Work. 3. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 4, If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Construction equipment may be on the street only when in use and appropriate traffic control is in place. 2. All construction traffic for the Rear Parking Lot must enter and exit the site from the west via Zealand Avenue North. Construction traffic will not be allowed to enter/exit the site from the east via Xylon Avenue North. 0 2014 5tantec 193801812 C. Construction Hours: Contractor must abide by the following hours per City ordinance: 1. Monday through Friday: 7 A.M. to 9 P.M. 2. Saturday: 9 A.M. to 9 P.M. 3. No work on Sundays or Holidays. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY 0 2014 Stantec 1 193801812 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for pricing of Work and request for payment procedures. .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work, B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction C'nnf mrAnrra B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work, 2. Updated construction schedule consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ® 2014 Stantec 1 93801 81 2 PRICE AND PAYMENT PROCEDURES 01 2000-1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water/Irrigation: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. 6. Communications: Comcast, Centuryl-ink, Access Communications. 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 maybe required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 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. ®2014Stantec 193801812 p131` i 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for Preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION 0 2014 5tantec 1 193801812 01 11 00-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 8.5 inch by 11 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Provide space for revisions and notations. 3. Identify interrelations between activities. 4. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, 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: ® 2014 Stantec 193801812 01 , �� 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" - Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. F Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. 0 2014 Stantec 193801812 SUBMITTAL PROCEDURES 013300-2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES 0 2014 Stantec 1 193801812 01 3300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. 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 offhe 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 ®2014 Stantec 1938018124000-1 01 40 00 - 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 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 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. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 0 2014 Stantec , 193801812 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be mode usina a 2. 3. ercenta a based on the following: 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 No Bid Item has been provided for Dewatering or Traffic Control. Any dewatering or traffic control required will be considered incidental to the Project will all costs included in the Base Bid. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. ® 2014 Stantec 193801812 TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 1 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor facilities necessary for Work on the Project. C. Temporarily hold or relocate any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that maybe within the Site as directed by Engineer. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a backflow preventer or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. TEMPORARY fACIL1TIES AND CONTROLS 0 2014 Stantec 193801812 01 5000-2 3.04 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. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering I . Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. General I. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by Fre, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer, B. Construction Staging 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) on the adjacent streets will be maintained at all times. d. Provide access for emergency vehicles and buses to all residences at all times. e. The Contractor shall not obstruct or prohibit access to any driveways adjacent to the project. TEMPORARY FACILITIES AND CONTROLS ® 2014 Sta me c T93801812 01 5000-3 f. If the Work restricts traffic lanes, 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. g. Contractor shall remove traffic control devices at the conclusion of each day. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification .]845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights -SAE Specification J1318. D. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flogpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 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. Failure to Complete The Work On Time I . The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. © 2014 Stantec 1 193801812 TEMPORARY FACILITIES AND CONTROLS 01 5000-4 2. Damage to the Site caused by removal offemporary fencing, including post holes, 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. 3.08 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS ® 2014 Stantec 193801812 01 5000-5 SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Inlet Protection: Measurement will be each catch basin protected during construction. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 31 23 00- Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOTSpec.) 1. 2130 - Application of Water. 2. 2573 -Storm Water Management. 3. 2575 -Controlling Erosion and Establishing Vegetation. B. MPCA's NP DES General Stormwater Permit for Construction Activity. 1.04 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installerto install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/installer Certification program, or approved equal. 1.05 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 0 2014 Stantec ! 193801812 TEMPORARY EROSION AND SEDIMENT CONTROL 01 5713-1 1.06 SEQUENCING AND SCHEDULING A. Install sediment control measures as needed prior to grading activities. B. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. C. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a [$1,0001 per calendar day deduction for noncompliance. D. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 2.02 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.03 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 - 100 -percent wood fiber mulch. 2.04 EROSION CONTROL BLANKET: Conform to MnDOT Spec. 3885. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets wifh concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 314 to 1-112 inches crushed or natural rounded aggregate. © 2014 Stantec ; 193801812 TEMPORARY EROSION AND SEDIMENT CONTROL ni 5713-2 B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to forma minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock log (s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfroSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenferprises.net/). 4. Pop-up head conforming to MnDOT Spec. 3891.3E. 2.06 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control I. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.07 TEMPORARY SEED A. Conform to Section 3292 00. B. General -Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work, B. Take necessary precautions against damage to the Project by action of the elements. C. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along watercourses, 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices as needed during the project Work as directed by the Engineer. TEMPORARY EROSION AND SEDMENT CONTROL 0 2014 Stantec 1 193801812 0157 13-3 B. Mulch 1. For seeded Sites, apply at orate of 2 tons per acre (4,500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. C. Hydraulic Soil Stabilizer (Hydromulch) 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. D. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3J, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. if permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one-time proper installation is acceptable. E. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. TEMPORARY EROSION AND SEDIMENT CONTROL. © 2014 Stantec 193801812 01 57 13-4 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION :t?1 �s �T ©20145tantec 193801812 017 13_-5 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours, as directed by the Engineer. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form, PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions; Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. EXECUTION REQUIREMENTS ® 2014 Stantec 11938018T2 01 70 00 - 1 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Install each element of work during weather conditions and Project status to ensure coordination, quality, and protection of the Work. C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. 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 © 2014 Stantec 193801812 EXECUTION REQUIREMENTS 01 7000-2 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, 5t. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.r-4venup.state.mn.us, or via email at withholdina.tnx@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS 0 2014 Stantec 193801812 01 7000-3 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 01 50 00 - Temporary Facilities and Controls. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Bituminous Pavement: Per square yard without regard to thickness. b. Sawcut Bituminous Pavement: Per lineal foot. c. Remove Concrete Sidewalk: Per square foot without regard to thickness. Measurement includes sawing concrete sidewalk at removal limits, and excavation for the aggregate base and new sidewalk. d. Remove Concrete Curb & Gutter: Per lineal foot. Payment includes sawing at removal limits. e. Remove Bituminous Curb: Per lineal foot. Payment includes sawing at removal limits. f. Remove and Salvage Sign: Per Each. Payment shall be made on each sign removed including post, and salvaged to the Owner in good condition. Salvaged signs and posts shall be delivered to New Hope Public Works. No payment will be made for signs that are damaged in any way during removal. g. All sawcutting not shown on the Drawings shall be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Sid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2104- Removing Pavement and Miscellaneous Structures. 0 2014 Stantec 193801812 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. SELECTIVE SITE DEMOLITION © 2014 5tantec 1 193801812 02 dl 13-2. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop pian acceptable to Engineer and postal service for maintaining mail service. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All erosion and sediment control shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line full depth of the existing pavement. B. Bituminous Pavement: Saw along the removal line full depth of the existing pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.36, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. SELECTIVE SITE DEMOLITION 0 2014 Stcntec 193801812 0241 13-3 3.06 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb, Bituminous Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.07 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.08 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.09 SALVAGE AND REINSTALL A. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. 0 2014 Stantec 193801812 0241 13-4 3.10 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.11 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION 0 2014 Stantec , 193801812 0241 13-5 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for parking lots, sidewalks, and other areas. B. Related Sections T. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 23 13 - Subgrade Preparation. 4. Section 31 32 19 - Geosynthetic Soil Stabilizer and Layer Separation 5. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (EV). Measurement will be by cubic yard. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. a. Quantities for the east parking lot have been calculated by determining the parking lot area to be disturbed, multiplied by a depth of 8 inches and converting to cubic yards. b. Quantities for the west parking lot have been calculated by determining the parking lot area to be disturbed, multiplied by a depth of 20 inches and converting to cubic yards. c. Excavation required for the sidewalk subgrade preparation shall be included in the removal item conforming to Section 02 41 13. d. Plan quantity of Common Excavation shall be the basis of payment unless additional Subgrade corrections are required by the Engineer in the field. 3. A Bid Item has been provided for Select Granular Borrow (Modified). Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place as specified a. If the aggregate backfill material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 4. A Bid item has been provided for Premium Topsoil Borrow (4" Depth) (LV). Measurement will be based upon units of loose volume of cubic yards per load tickets. All hauling, placement, blading, grading, shaping, and preparation of Premium Topsoil Borrow shall be incidental to this Bid Item. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 0 2014 Stantec 193801812 31 2300-1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. The select granular borrow material, if needed, is below the Grading Grade. 2. Common Excavation. Excavation above the grading grade that has not been classified as another form of excavation in this Section. This does not include the removal of the bituminous pavement. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible to limit the opportunity of rain events saturating the subgrade. Schedule work during favorable weather forecast. B. Complete all excavation, test roll, and install geotextile fabric, and aggregate base course within 5 calendar days from beginning selective site demolition. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Select Granular Borrow (Modified): Conform to MnDOT Spec. 3149.2.13.2, except as modified herein by the following radation requirements: Sieve Size Percent Passing #40 0 to 40 0 2014 Stantec 193801812 si ' #200 0 to 5 B. Premium Topsoil Borrow: Shall be a mixture of topsoil, compost and soil moisture amendment pellets. The following shall be blended together prior to placement: 1. 50 percent by volume Select Topsoil Borrow conforming to MnDOT Spec 3877.2B. 2. 50 percent by volume Compost conforming to MnDOT Spec 3890. 1, Grade 1. 3. Soil Moist Professional Granular by JRM Chemical, Inc, or approved equal. Pellets shall be thoroughly blended with topsoil and compost at a rate of 2 pounds per cubic yard. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.313, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove common excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 6. After the parking lot excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance to schedule test rolling. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E. © 2014 Stantec 193801812 EXCAVATION AND FILL 31 2300-3 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a select granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of select granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.08 INSTALLATION OF GOETEXTILE FABRIC FOR SEPARATION A. See Section 31 32 19. 3.09 TOPSOIL AND SEEDING A. See Section 32 92 00. END OF SECTION EXCAVATION AND FILL ® 2014 5tantec 193801812 31 2300-4 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section includes 1. Grading, shaping, and compacting subgrade prior to placing abase or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. Subgrade preparation shall be completed in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 2. A Bid Item has been provided for 4" Nan -Perforated PVC Pipe Irrigation Conduit, Sch 40. Measurement shall be based on units of lineal feet installed. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling, 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate base course, concrete curb and gutter, and bituminous surfacing. B. Contractor must moisture condition subgrade materials to provide a stable subgrade. C. Coordinate the completion of the subgrade preparation, test roll, and placement of aggregate base course to protect the subgrade materials. D. Engineer may require additional test rolling after any amount of precipitation. 0 2014 Stantec 193801812 J PART 2 PRODUCTS 2.01 IRRIGATION CONDUIT A. Nan -Perforated Poly (Vinyl Chloride) (PVC) Schedule 40 Plastic Pipe and Fittings 1. General. Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of D1785 and ASTM D2665. PVC DWV fittings shall conform to ASTM D2665. Belled end pipe shall have tapered sockets conforming to ASTM D2672. 2. Design: Integral belled pipe with a minimum wall thickness conforming to Schedule 40. 3. Solvent Cement Joints: The solvent cement used to ioin pipe and fittings shall meet the requirements of ASTM D2564. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, moisture content, stability, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The roadbed will be considered unstable if yielding and rutting is greater than 1-1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrode tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below. 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. END OF SECTION ©20145tantec 193801812 �} �� SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for soil stabilization and soil separation. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric, Type V. Measurement will be based upon units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint orjoint sewing shall be incidental to this fabric item with no direct payment being made. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type (s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type V (non -woven), except as modified below: 1. Materials: The fabric installed on top of the road subgrade shall consist of a polypropylene or polyester filament or yam, non -woven, needle punched. The fabric GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION 0 2014 Stantec 193801812 31 3219-1 shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Soec. Grab Tensile Strength either principal direction, lbs. Grab Tensile Elongation, Percent, Max. Ultra Violet Light Stability Burst Strength p.s.i., min. Trapezoid Shear Strength, Ibs. min. (any direction) Puncture Strength lbs., min. Permittivity (sec -1) Flow Rate Gal./Min./ft? Minimum Fabric Weight AOS (U.S. Sieve) Test Method Value ASTM D4632 200 ASTM D4632 50 ASTM D4355 70 -Percent Retained' ASTM D3786 400 (Diaphragm Method) ASTM D4553 80 ASTM D4833 130 ASTM D4491 1.5 ASTM D4491 95 8 oz/sy ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355. PART 3 PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31 23 00. B. Subgrade Preparation: Conform to the requirements of Section 31 23 13. Subgrade shall be toleranced and approved before geotextile placement. 3.02 INSTALLATION A. Place geotextile immediately ahead of the covering operation. 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. B. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. GEOSYNTHEfIC SOIL STABILIZATION AND LAYER SEPARATION © 2014 Stantec 193801812 31 3219-2 C. Secure fabric in place by means of stone weights to prevent displacement. D. If geotextile is torn or punctured, the damaged area shall be repaired or replaced. 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. B. Aggregate base shall not be dropped on the fabric from a height greater than 3 feet. I. Place a minimum of 5 inches of aggregate base on the geotextile prior to the movement of construction equipment. Carefully monitor fuming movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHETIC SOIL STABIL12ATION AND LAYER SEPARA:IHON. 0 2014 Stantec 193801812 31 32 19-3 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. b. This Bid Item shall be used for the aggregate base under the new parking lots and sidewalk. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 -Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test roll performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES 2014 Stantec 193801812 32 11 23 - II PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to Mn DOT Spec. 3138, Class 5 aggregate, except as modified herein 1. For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or may allow for monetary price adjustments per 2211.5. 2. Corrective action for failing aggregate tests may include removal and replacement of all non -conforming materials. 3. Onsite recycled materials shall not be used. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3. 1. Compact by mechanical means to 100 -Percent Standard Proctor Density. 3.03 FIELD QUALITY CONTROL A. The Owner may have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2014 Stantec 193801812 32 11 23-2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 3. Section 32 16 13 - Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.5, except as modified herein. 2. A Bid Item has been provided for Bituminous Material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non wearing course placement is considered incidental to the placement of the non -wearing course_ 3. Bid Items have been provided for Type SP 12.5 Non Wearing Course Mixture (2,B) (SPNWB230B), Type SP 9.5 Wearing Course Mixture (2,B) (SPWEA240B), and Type SP 9.5 Wearing Course Mixture (2,E) (SPWEA240E). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement- dated January 23, 2013. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 4. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final cleanup of the bituminous non wearing course with a power pickup broom. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2014 Stantec 193801812 22 12 01 -1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated January 23, 2013. A copy can be found at htt www.dof.state.mn.us materials bituminousdocs S ecifications 2013 2360- 2013 Fina_1-23-2013.12df a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2321 Road -Mixed Bituminous Surface. 3. 2357 Bituminous Tack Coat. 4, 3139 Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form.Conform to MnDOT Section 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1 H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4, except as modified herein 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed 0 2014 Stantec ! 193801812 FLEXIBLE PAVING (MUNICIPAL PROJECTS) 321201-2 to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.4-D and 2360.4-E. a- A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the some day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2 -foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.13, 02014Stantec 193801,912 FLEXIBLE PAVING (MUNICIPAL PROJECTS) 321201-3 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Leveling Courses. and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.3.E. END OF SECTION OO 2014 Stantec 193801812 FLEXIBLE PAVING {MUNICIPAL PROJECTS) 321201 -4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 02 - Flexible Paving (Municipal Project). 5. Section 32 16 13 - Curbs and Gutters. .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4" Concrete Sidewalk has been included in the Bid Form. Measurement shall be on the basis of in-place square feet. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. 8) Expansion joint material. b. Excavation for concrete sidewalk shall be incidental to the removal of the existing sidewalk. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 2. A Bid Item has been provided for 6 inch Thick Concrete Walk for Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of ramp actually constructed. a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be incidental to the removal of the existing sidewalk. CONCRETE WALK5, MEDIANS, AND DRIVEWAYS 0 2014 Stantec 193801812 321314-1 d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. 3. Bid Item for 7" Concrete Pad has been included in the Bid Form. Measurement shall be on the basis of in-place square feet. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. 8) Expansion joint material. b. Excavation for concrete pad shall be incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 4, A Bid Item has been provided for the Truncated Dome Panel, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually constructed. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 Walks. 4. 2531 Concrete Curbing. 5. 3702 Preformed Joint Filers. 6. 3754 Membrane Curing Compound. 1.04 SUBMITTALS A. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construct curbside sidewalk no sooner than 24 hours after placement of the adjacent concrete curb and gutter. B. No construction equipment shall drive on the finished in-place sidewalks. Contractor will be required to remove any tracking on the sidewalk. 0 2014 Stantec 193801812 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 321314-2 PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type Portland Cement. 2. Air -Entraining Admixtures: conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk and Residential Driveways. 1) Manual Placement Mix No. 3A32A. 2} Slip Form Placement Mix No. 3A22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Aggregated Base: Conforming to Section 32 11 23. Aggregate base below the existing sidewalk shall be used as base material for new sidewalk. e. Truncated Dome Panels: Approved products 1. East Jordan Iron Works -Cost Iron Coated -Yellow. 2. Neenah Foundry Company - Cast Iron Coated - Yellow. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to a 4 inch depth typical section. D. Construct concrete curb ramp to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. 0 2014 Stantec 193801812 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 321314-3 G. Full depth preformed expansion joint shall be installed between the curb and gutter, curbside sidewalk, existing building and concrete pole bases. H. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. I. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 31 23 13 or Section 32 11 23. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C 1 . B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C1 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1 /8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. B. Pedestrian Curb Ramp - Truncated Dome 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6 -inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7036F for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2014 Stantec 193801812 321314-4 5. Joint space between truncated dome panels shall be no greater than 1 /flinch in width. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate, 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3C3a blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION 0 2014 Stantec 193801812 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 321314-5 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 11 23 Aggregate Base Courses. 2. Section 32 12 01 Flexible Paving (Municipal Projects). 3. Section 32 13 14 Concrete Walks, Medians, and Driveways. T.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line regardless of type of curb. This bid item includes all new curb installed onsite, including B618 curb, mountable curb and the transition curb to the existing B618 curb as shown on the Drawings. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling_ 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM} 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 Concrete Curbing. 3. 3101 Portland Cement. 4. 3113 Admixtures for Concrete. 5. 3702 Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Enqineer will establish the job mix proportions. ® 2014 Stantec 193801812 CURBS AND GUTTERS 32 16 13- 1 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct concrete curb ramp depressions to conform to the detail on the Drawings. F. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. p 2014 Stantec ! 193801812 G. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship, H. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. I. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base. 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3.03 FORMS A. Conform to MnDOT Spec. 2531.38. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 PLACING AND FINISHING. A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor, 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. °^-loval and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring orior to final acceptance shall be the responsibility of the Contractor. 0 2014 Stantec 1 93801 81 2 3.07 BACKFILLING A. Conform to MnDOT Spec. 2531.3J, except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.08 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a I0 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION 0 2014 Stantec 193801812 321613-4 SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Lines a. Lines shall be measured by the lineal foot on the basis of length actually applied 1) Separate measurement made on the basis of color and nominal width. 2) Separate measurement will be made for paint markings and epoxy markings. b. Paint applications shall be applied twice, and shall only be paid on the basis of length actually applied; i.e., 1,000 feet of paint shall be applied twice following bituminous wearing course and shall be paid as 1,000 feet. 2. Messages a. Messages shall be measured on the basis of each applied. 1) Separate measurement will be made for each type of message. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDO€ Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3591 - High Solids Water Based Traffic Paint. 3. 3592 - Drop -On Glass Beads. 4. The Application Specification for Conventional Pavement Marking Materials. 5. 3 -Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PAVEMENT MARKINGS 0 2014 Stantec 193801812 32 1723-1 PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color- Flat white. e. Yellow Color- Color No. 33538 of Federal Standard 595. 2. 3 -Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color- Flat white. e. Yellow Color- Color No. 33538 of Federal Standard 595. B. Glass Beads 1. Conform to MnDOT Spec. 3592. 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 3. Capable of accumulating footage applied per gun. 4. Stainless steel components in the delivery system required for water-based materials. PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. PAVEMENT MARKINGS 0 2014 Stantec 1 193801812 321723-2 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Contractor will place necessary spotting / parking line layout at appropriate points. a. Horizontal control as shown in the Drawings. b. Starting and stopping points. c. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. d. Prior to painting, Contractor shall notify Engineer to obtain approval of spotting / parking line layout. Street Surface 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1 /4 inch under or T /4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Alignment: Deviations from the control guide shall not exceed 2 inches. c. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. 3. Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint markings. ® 2014 Stantec 19WIR12 1723-3 2. Rate of application shall be 8 lbs. per gallon. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Enaineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION PAVEMENT MARKINGS 0 2014 Stantec 193801812 321723-4 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Hydroseed w/Mulch. Measurement will be by the square yard. Payment shall include two applications, one with the hydroseed, followed by one application with the mulch. Payment shall include the installation, complete and in place as specified, including installing seed, preparation of surface, maintenance, watering, and all incidental items associated with the Work. 2. Temporary Seed Cover shall be incidental to the project. 3. All other Work and costs of this Section, including replacing any turf fhot is disturbed above the quantity defined in the CJuote Form, shall be incidental to the Project and included in the Total Base Quote. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 DEFINITIONS A. Weeds: For the purpose of this project, a weed is a plant that inhibits the establishment of species listed in article MATERIALS. Weeds may include, but are not limited to, bindweed, bentgrass, Bermuda grass, blackberry, black locust, Canada thistle, chickweed, crabgrass, cress, dandelion, European buckthorn, glossy buckthorn, horsetail, jimsonweed, Johnson grass, lambsquarfer, morning glory, mustard, nimble will, nutgross, nut sedge, perennial sorrel, pigweed, poison ivy, poison oak, quackgrass, ragweed, rush grass, Siberian elm, smooth brome grass, spotted knapweed, tansy ragwort, tatarian honeysuckle, and wild garlic. 1.05 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. ® 20T4 Stantec 193801812 TURF AND GRASSES 329200-1 B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance- Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.06 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. The establishment period for seeded areas is 1 year. 1.07 FIELD QUALITY CONTROL A. Provide Engineer with seed bag togs used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. 2.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5- 100 -percent wood fiber mulch. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. 0 2014 Stantec 193801812 TURF AND GRASSES 329200-2 B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3: During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.313, C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 4.00 lbs. per acre (9.2 lbs./1,000 sq. ft.) or as per manufacturer's instructions. 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. 3.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Apply hydromulch in conformance with MnDOT Spec. 2575.31H. B. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. © 2014 Stantec 193801812 TURF AND GRASSES 329200-3 C. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 1. Application Rate for Slopes Steeper Than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. 3.06 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the some requirements of the original work. B. Application of fertilizer, soil amendments, and weed control are the responsibility of the contractor through the warranty period. C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual - Maintenance Requirements for year 1 3.07 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of plonting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION 0 2014 Stantec 193801812 TURF AND GRASSES 329200-4 SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. No additional payment will be made for interim adjustments. Costs for additional adjustments should be included in the Bid Item for providing and installing the casting. 2. Adjust Existing Casting with New Rings: Measurement will be by each existing catch basin adjusted with new rings and fabric as identified in the Drawings. 3. Adjust Gate Valve: Measurement will be by each for adjusting the valve box to final wearing course grade. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. ASTM A48 - Specification for Gray Iron Casting. 2. ASTM A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. ASTM C6 -Specification for Normal Finishing Hydrating Lime (Mortar). 4. ASTM C141 -Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. ASTM C150 -Specification for Portland Cement (Concrete Rings/Mortar). 6. ASTM C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. ASTM F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 8. ASTM F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2506 -Manholes and Catch Basins. 2. 3733 - Geotextiles. ® 2014 Stantec 1 93801 81 2 ADJUST MISCELLANEOUS STRUCTURES 330517-1 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Install Casting and Rings: The process of removing the existing casting and concrete adjustment rings from an existing structure and placing a new casting and rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. 1. The rear parking lot has a storm structure which will need to be located under the existing pavement. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2,01 ADJUSTING RING A. Concrete 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 psi. 3. Reinforcing: Single hoop 8 -gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1 -part cement to 3 -parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cost iron. Best grade. Free from injurious defects and flows. 3. Finish Preparation: Sandblast. © 2014 Stantec 193801812 ADJUST MISCELLANEC U'S S,TItUC'q_',RES 3305 17-2 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: a. NEENAH R1642, Type "B" Lid, or approved equal, with 2 concealed pick holes, for sanitary and storm sewer manholes. b. NEENAH R3290, or approved equal, for storm sewer catch basin manholes and catch basins. Grate as shown in the storm schedule or as directed by Engineer. c. NEENAH R3290, or approved equal, for storm sewer catch basin manholes and catch basins. Grate as shown in the storm schedule or as directed by Engineer d. Covers without grate openings stamped with "SANITARY SEWER" or "STORM SEWER" as appropriate. Use 2 inch letters. 2.04 VALVE BOX A. Risers 1. Valve Box riser to fit the Tyler No. 6850, 6855, 6860, or 6865 top section and drop lid, or approved equal. 2. Conform to the requirements of Section 33 10 00. 2.05 GEOTEXTILE A. Woven filter fabric, for use around storm and sanitary sewer rings. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps a. Mortar Thickness: T/4 to 1/2 inch. ADJUST MI[SCELLANE US SF 0 2014 Stontec 193801812 330517-3 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box. 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. Sawcut pavement edges prior to patching (Incidental). 3.05 SALVAGE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Salvage existing frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Section 3.03 - Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch parking lot to match existing pavement section. Sawcut pavement edges prior to patching (Incidental). Dispose of removed material off Site. 3.06 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the some grade. D. Adjust frame upward with standard concrete adjustment rings of the some size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. 0 2014 Stantec , 193801812 ADJUST WSCELLANEOUS STRUCTURES 33 f)5 17-4 y. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1 /8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES 0 2014 Stantec 193801812 3305 17-5 SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 4" Perforated PVC Drain Tile, Sch 40, with Sock. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe with sock, aggregate, and fittings (bends, tees, crosses, etc.). 2. A Bid Item has been provided for Core Drill Connection to Existing Storm Sewer. Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer structure for 4 inch drain the pipe, making the connection, and patching as specified. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. AASHTO M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 0 2014 Stantec 193801812 SUBDRAINAGE 334600-1 PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. Poly (Vinyl Chlo(de) (PVC) Schedule 40 Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of D1785 and ASTM D2665. PVC DWV fittings shall conform to ASTM D2665. Belled end pipe shall have tapered sockets conforming to ASTM D2672. 2. Design: Integral belled pipe with a minimum wall thickness conforming to Schedule 40. 3. Solvent Cement Joints: The solvent cement used to join pipe and fittings shall meet the requirements of ASTM D2564. 2.02 BEDDING MATERIAL A. Conform to Details on Drawings. 2.03 FILTER AGGREGATE MATERIAL A. Conform to Details on Drawings. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. © 2014 Stantec 193801812 SUBDRAINAGE 334600-2 H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 31 23 00. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION 0 2014 Stantec 193801812 SUBDRAINAGE 334600-3 SECTION 34 41 05 TRAFFIC SIGNS AND DEVICES PART I GENERAL 1.01 SUMMARY A. Section Includes 1. Signs, signposts, and hardware. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for ADA Sign Panels. Payment shall be at the Bid Unit Price per each sign and shall include all sign materials, new sign posts, equipment, mounting hardware, and labor necessary to install each sign on the post at the location shown in the Drawings. 2. There will be no extra compensation for posts, regardless of length or required configuration. There shall be no extra compensation for post installations in bituminous or concrete surfaces. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2564 -Traffic Signs and Devices. 2. 3352 - Signs and Markers. 3. 340T - Flanged Channel Sign Posts. B. Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. Minnesota Department of Transportation Standard Signs Manual. PART 2 PRODUCTS 2.01 MATERIALS A. Sign Material 1. Sign Panel Base Material: Sheet aluminum conforming to the material requirements of MnDOT Spec. 3352.2A1 a. 2. Sign Face Material for Sign Panels: Reflective sheeting conforming to the requirements of MnDOT Spec. 3352.2A2e "Sign Sheeting Type IX." 3. Sign Legend Material for Signs: "Direct Applied" conforming to the requirements of MnDOT Spec. 3352.2A5. TRAFFIC SIGNS AND DEVICES 0 2014 Stontec 193861812 3441 05-1 4. The retro -reflective sheeting types and qualified products used for rigid permanent signs markers and delineators can be found at: httip://www.dot,state.mn.us/r)roducts/signing/index.html. B. Flanged Channel Sign Posts 1. All signposts shall conform to MnDOT Spec. 3401 and be in 2 sections with following minimum weight: a. Bottom Section: 3.0 lbs/ft. b. Top Section: At least 2-1/2 lbs/ft and not greater than the weight of the bottom post section. 2. The appropriate length of the upper post shall be determined by the Contractor to meet the construction requirements of the above stated references and herein at each specific location staked by the Engineer. The lower post shall be 6 to 7 feet in length. C. Hardware: ]. Bolts: a. 5/16 inch or 3/8 inch diameter. b. A-304 stainless steel or Grade 5 zinc plated steel. 2. Nylon insert lock nuts. 3. Nylon washers: a. 1/32 inch thick. b. Maximum of 3/8 inch inside diameter. c. Maximum of 7/8 inch outside diameter. 4. Stainless steel washer. PART 3 EXECUTION 3.01 GENERAL A. Unless otherwise noted or modified herein, all sections of MnDOT Spec. 2564, all sections of MnDOT's Standard Signs Manual, and Chapter 6 of MMUTCD shall apply. B. The fabrication of all signs and devices shall conform to MnDOT Spec. 2564 and the latest edition of the MMUTCD and the MnDOT Standard Signs Manual. C. The sign number designation indicated on the Drawings shall comply with applicable requirements of MMUTCD and MnDOT Standard Signs Manual. 3.02 CONSTRUCTION A. Sign locations shown on the Drawings are only approximate. The final locations shall be determined in the field by the Engineer. Contractor is responsible for having all underground utilities located prior to installing all signposts. Provide Engineer 48-hour notice prior to sign installations to allow for adequate staking time. B. Fabricate, hole punch, and mount sign panels in accordance with the standard drawings in the MnDOT Standard Signs Manual. Date the back of each newly installed sign panel with the month and year using a thick permanent black marker pen or furnish and install inventory/I.D. stickers approved by the Owner. C. Install nylon washers between the bolt and the sign face (sheeting). Do not over tighten bolts to the point where the sign sheeting separates from the sign backing, which would C 2014 Stantec 193801812 TRAFFIC SIGNS AND DEVICES 3441 05-2 be cause for rejection and replacement at no additional cost to the Contract. The nylon washers used to protect to sign face shall be 1/32 inch thick, have a maximum inside diameter of 3/8 inch, and outside diameter of 7/8 inch. There shall also be a stainless steel washer between the nylon washer and the bolt head. D. The bottom section of each signpost shall be mounted into the ground to a minimum depth of 3-1/2 feet. The lower section of post shall be at least 30 inches above the ground to allow for a 12 -inch splice and a minimum clearance of 18 inches from the ground to the bottom of the top section of post. The splice of the upper and lower section posts shall be made with 2-5/16 inch stainless steel bolts with nylon insert lock nuts placed in the top and bottom holes of the overlap splice. Where 2 or more single post signs are mounted side by side, they shall be reinforced laterally by at least 2 post sections, bolted at each post, and located approximately at the quarter points. E. Contractor should plan for sign placements in hard surfaced areas prior to any new concrete and/or bituminous paving and provide "box -outs" for each sign in such a location. The "box -out" must be a 6 inch diameter round section of PVC pipe or a 6 -inch core cut hole. With either option, the box -out must be to a depth which encroaches the underlying soils. F. The Contractor shall install MnDOT approved/furnished warning stickers on all new Type C sign panels. END OF SECTION TRAFFIC SIGNS AND DEVICES 0 2014 Stantec 193801812 3441 05-3 Request for Action jiil� Originating Department Approved for Agenda Agenda Section City Manager November 24, 2014 Consent Item No. By: Kirk McDonald, SU Manager 1 By: Kirk McDonald 6.4 Resolution authorizing transfer from temporary financing fund to general fund for fire station parking lot improvement (improvement project no. 920) Requested Action - Staff recommends the City Council approve the attached resolution authorizing a transfer from the temporary financing, fund to the general fund for the parking lot improvements recently completed at the Xylon avenue fire station. When the 2014 budget was adopted, it was agreed the improvements would be paid from the temporary financing fund. The City Council discussed the transfer at the November 17 Work Session, and was in agreement with the recommendation. Policy/Past Practice The City Council approves all fund transfers and it is the responsibility of the city to maintain the grounds and infrastructure at fire station #3, headquarters for the West Metro Fire -Rescue District. Background The parking lot improvements at West Metro Fire District were identified in the 2013 and 2014 capital improvement project plan and proposed to be funded from the temporary financing fund to keep the general fund budget/levy as low as possible. When bids were received in 2013 for the front parking lot, the bids were higher than expected, therefore, the decision was made to combine both the front and rear parking lots into one project for 2014. The front parking lot was identified in the 2013 budget and the rear parking lot was identified in the 2014 budget. A contract was awarded to Oiriann Brothers Paving at the April 28, 2014 council meeting in the amount of $180,056.34 for both the front and rear parking lots. Indirect costs were estimated at $28,000 for a total project cost of $208,056.34. The project is now completed and per the attached correspondence from the city engineer, the total project cost (construction and indirect costs) is $197,460.84 which is $10,595.50 under the estimated cost. The project cost has been charged to the general fund budget; therefore it is recommended a transfer from the temporary financing fund in the amount of $197,460.84 be made to the general fund to reimburse the general fund for the project costs. There are adequate funds in the temporary financing fund to make the transfer. Motion by Second by To:c2 (0Z —� 1:/LkFA/C:ityManager/20141Q&R-TransferTemporaryFundToGeneralFund 112414 Request for Action, Page 2 November 24, 2014 Attachments Resolution City Engineer correspondence April 28, 2014 contract award Excerpt 2014 budget Temporary financing fund analysis City of New Hope Resolution 2014-149 Resolution authorizing transfer from temporary financing fund to general fund for fire station parking lot improvement (improvement project no. 920) WHEREAS, it is the responsibility of New Hope and Crystal to maintain the grounds and infrastructure at the fire stations located in the respective cities; and WHEREAS, the front and rear parking lots at fire station 93, headquarters for the West Metro Fire -Rescue District located in New Hope were in need of replacement; and WHEREAS, when the 2014 budget was adopted, it was agreed the improvements would be paid from the temporary financing fund; and WHEREAS, a contract was awarded at the April 28, 2014, Council Meeting in the amount of $180,056.34 for the front and rear parking lots, and indirect costs were estimated at $28,000 for a total project cost of $208,056.34; and WHEREAS, the project is now completed and the total project cost (construction and indirect costs) was $197,460.84 which is $10,595.50 under the original project cost; and WHEREAS, the project cost has been charged to the general fund budget, and the City Council desires to transfer funds from the temporary financing fund to the general fund to pay for the cost of the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota, the City Council approves and authorizes a transfer in the amount of $197,460 from the temporary financing fund to the general fund to pay for the fire station parking lot improvements. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 24th day of November, 2014. Mayor Attest: (.P,. City Clerk McDonald Kirk From: long, Chris [Chds.Long@stantec.com] Sent: Thursday. October 30, 2014 2:16 PM To: McDonald Kirk Cc: Paschke Bob; Dienhart, Ann; Martinson, Adam; Weber Bemie Subject: Fire Station Parking Lot Improvements - Estimated Final Costs Attachments: 193801812REQ3FINAL.pdf Kirk, Below are the final estimated costs for the Fre Station Parking Lot Improvements project. Attached is the final construction amount to be signed by Omann Brothers. We only have a small amount of project closeout and record plan work to complete, but all construction and inspection work is complete. I believe the original CIP budget was for $201,000, and at the approving plans and spec's stage we estimated that total project costs may be around $215,000. Fire Station Parking Lot Improvements Amount Comments Final Construction Costs $167,460.84 Final Pay Request has been sent to Omann Brothers for signatures and Est. Engineering Costs $30,000.00 Project closeout documentation and record plans remain. Total Est. Final Costs $197,460.84 Let me know if you need additional Information. Thanks Kirk! Chris Long Senior Project Manager Stantec Phone: (651) 604-4$0g Chris.Long@stantec.com =r. Celeurating 40 years of community creativity. gnd client relationships. The content of this emall h the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient pieose delete ON copies and notify us imrned olely. (6 Please consider the environment before prInring this email. Owner. City of New ®5tanbe4- Iror Period: 10/24/2014 to I Omann Brothers 4401 (ylon Ave. N., New Hope, MN 55428 11014 ring, Inc., 5551 Labeaux Ave. NE, Ail CONTRACTOR'S REQUEST FOR PAYMENT FIRE STATION PARKING LOT IMPROVEMENTS STANTEC PROJECT NO. 193801812 CITY PROJECT N0.920 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor. OMANN BROTHERS PAVING, INC. Specified Contract Completion Date: 19 Meet wAL.*M Date: October 27, 2014 it No: 3/HNAL MN 55301 $ 180,058.34 $ 0.00 $ 0.00 $ 180,058.34 $ 167,460.84 $ 0.00 $ 167,460.84 $ 0.00 $ 167,460.84 $ 165,786.23 $ 0.00 3/FINAL $ 1,674.61 Approved by Owner CITY OF NEW NOPE Date: 19390191ZR603FP AL *m Contac! Unit Current QuanRly Amount Na. Item Unit Quantity Price Quantity to Date to Date PART 1 - FROM PARKING LOT 1 -MOBILIZATION LS 1 500.00 + $5DD.00 2 REMOVE BITUMINOUS PAVEMENT SY 420 3.00 420 $1,2600D 3 REMOVE CONCRETE CURB & GUTTER LF 170 5.00 170 $850.00 A REMOVE CONCRETE SIDEWALK SF 1300 1.00 1300 $1,300.00 5 REMOVE AND SALVAGE SIGN EA 2 50.00 2 $100.00 6 COMMON EXCAVATION (E1/) CY 95 30.00 95 $285000 7 4" NON -PERFORATED PVC PIPE IRRIGATION CONDUIT, SCH 40 LF 80 4.00 80 $320DD 8 GEOTEXTILE FABRIC, TYPE V SY 420 2.00 420 $840.00 9 AGGREGATE BASE, CLASS 5 TN 260 23.00 260 $5,980.00 10 CONCRETE CURB AND GUTTER LF 15D 16.25 165 $2,68125 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 3.00 25 $75.00 12 TYPE SP 125 NONWEARING COURSE MIXTURE (2,B) TN 50 95.25 50 $4,762.50 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,8) TN 50 115.00 50 $5,750DD 14 4' CONCRETE SIDEWALK SF 1200 4.50 1200 $5,400.00 15 V THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 6.50 65 $422.50 .16 TRUNCATED DOME PANEL SF 8 6.60 8 $52.80 17 0 SOLID UNE, WHITE - PAINT LF 340 1.10 340 $374.00 18 PAVEMENT MESSAGE, ADA PARKING EA 2 33.00 2 $66.00 19 ADA SIGN PANELS EA 2 279.40 2 $558.80 20 HYDROSEED WITH MULCH SY 120 4.40 12D $MOO 21 PREMIUM TOPSOIL BORROW K' DEPTH) (LV) CY 20 50.00 20 $1,000.00 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 150,00 5 $75000 23 • INLET PROTECTION EA 2 150,00 2 $300.00 TOTAL PART I - FRONT PARKING LOT $36,720.85 PART 2 - REAR PARKING LAT 24 MOBILIZATION LS I 1500.00 1 $1,500.00 25 REMOVE BITUMINOUS PAVEMENT SY 2600 2.00 2600 $5,200.OD 26 REMOVE BITUMINOUS CURB LF 130 5.00 212 $1,060.00 27 SAWCUT BITUMINOUS PAVEMENT LF 50 3.00 5D $150.00 28 COMMON EXCAVATION (EV) CY 1445 10.01) 1445 $14A50DD 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER EA 3 271.33 3 $813.99 30 C PERFORATED PVC DRAINTILE, SCH 40, WITH SOCK LF 90 15.00 90 $1,350.00 31 GEOTEXnLE FABRIC, TYPE V SY 2600 2.00 2600 $5,200.00 32 SELECT GRANULAR BORROW (MODIFIED) TN 1890 1250 1768 $22,100.00 33 AGGREGATE BASE, CLASS 5 TN 1260 13.50 906 $12,231.00 34 CONCRETE CURB AND GUTTER LF 130 16.25 212 $3,44500 35 7' CONCRETE" PAD SF 440 5.45 462 $2,517.90 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 3.00 140 $420.00 37 TYPE SP 125 NONWEARING COURSE MIXTURE (2,B) TN 500 69.70 403 $28,089.10 38 TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) TN 335 90.25 332 $29,963.00 39 a SOLID UNE, WHITE - PAINT LF 560 1,10 $0.00 40 HYDROSEED WITH MULCH SY 80 4.40 $0.00 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 15 50.00 15 $750.00 42 INLET PROTECTION EA 3 150.00 3 $450.00 43 ADJUST GATE VALVE EA 1 100.00 $0.00 44 ADJUST EXISTING CASTING WITH NEW RINGS EA 2 150.00 2 $300.00 45 STREET SWEEPER (WITH PICKUP BROOM) HR 5 150.00 5 $75000 46 INLET PROTECTION EA 2 150.00 $0,00 TOTAL PART 2 - REAR PARKING IAT $130,739.99 TOTAL PART 1 - FRONT PARKING LOT $36.720.85 TOTAL PART 2 - REAR PARKING LOT $130,739.99 TOTAL WORK COMPLETED TO DATE $267,460.84 19390191ZR603FP AL *m PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 CONTRACTOR OMANN BROTHERS PAVING, INC. CHANGE ORDERS Na- no"- PAYMENT SUMMARY No. From TO I 08/01/2014 09/05/2014 2 09/06/2014 10/23/2014 3/FINA! 10/24/2014 10/27/2014 Matedal on Hand Total Payment to Date Retainage Pay No 3/FINAL notal Amount Eamed 199801812KWINAL.Idsm 34,884.81 1,836.04 36,720.85 130, 901.42 1.674.61 167,460.84 1,674.61 167,460.84 167,460.84 Original Contract Change Orders 167,460.84 Revised Contract 180,058 Originating Department Public Works : Bob Paschkk Dir. Pub Works Bv: Kirk Request for Action Approved for Agenda April 28, 2014 Resolution awarding Omann Brothers Paving the proposed 2014 fire station infratruct+_rre (Improvement Project 920) Agenda Section ment & 1 Item No. 8.2 improvement project Requested Action Staff recommends awarding a contract to Omann Brothers Paving in the amount of $180,056.34 for the infrastructure improvement project at the West Metro Fire station facility (Project 920). PolicylPast Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background Prof ect 920 initially was included in the city's 2013 capital improvement program Projects for the other Fire station lots were set for the following consecutive years which are also identified in the five-year CII'. Staff recommended the following infrastructure repairs. • Small bituminous front parking lot 0 Concrete sidewalk and curbing in front of building • Concrete working area in front of the station equipment service entrance • Rear bituminous working lot area On August 12, 2013, staff presented plans and specifications for the first phase of Project 920 to Council. Staff recommended solicitation of bids and requests were sent to 12 contractors. Only two contractors had submitted bids for this project by the August 21, 2013, deadline. Due to the high cost, it was recommended that Council reject all bids for Project 92D. Staff suggested that a combined project be brought forward and rebid in 2014. The thought being that quantity pricing would help reduce the expense and create a more appealing and competitive project. The project was readdressed an March 10, 2014. Council approved to reissue bids for the small bituminous front parking lot, the concrete sidewalk and curbing in front of the building and the rear bituminous working lot area.. Construction is to commence after the City Day event on June 21, 2014. The specifications identify a substantial completion date of September 26, 2014, and coordination will need to occur with the Fire department regarding parking and access. Motion by e. Second by To: In I;RFA1,PUbW0r1z%2014\ 920 Fire Station Parking lot Approving plans & Specs Q7; Request for Action, Page 2 April 28, 2014 The Project 920 bid opening was on April 15. Ten bidders responded with Omann Brothers Paving being the lowest reble bidder at $180,056.34. The combined 2013/2014 improvement projects have allowed for corn etitive bid ' . The en estimate for the 2014 CIP project Was $187,000. The bid From P'$ construction construction cast at $6,943.66 below the Omar. Brothers Paving was $180,0563% which puts the engineer's estimate total of $208,056.34. ate. Indirect costs for the project are $28,000, giving the project a 71* combined "ire station improvement budget for 2013/2014 is $201,000, which places the project over budget by $7,056.34. This disparity can be accounted for in the additional sub grade corrections and concrete expenses, that were discovered and added to the original projeck Funding The Posed projects are identified in the 2013 and 2014 CIP's, respectively budgeted at $201,000. Per the discussion with the CYty Council when the 2014 budget was adopted, the city manager recommends that funding for the project be from the teaeparary financing fund. A resolution authorizing a tr"fer from the temporary financing fund to the 2014 general fm*fire budget to pay for the project will be presented for approval upon completion of the project. Attachments • Resolution • Map showing construction proposal area • City engineer memorandum • Bid tabulation v •� r 41 RE PLAMFROW {I -•--�• I .x`�r PARKM LAT r ---Ie. 04 REPLACE E�STING I k v k k y I I v � I CONCRETE SIDEWALK ` - - • •-ar - •, 1 II 1 . �,;,,�;, �.w-ss•_ sr-•-•=k� ` I I FUTURE I !r ! PARIaNG LAT 1 ❑ �` . ' ;... •y ,e , t 'ti: J i REPLACEMENT IT Z Al � � •� � �. � � � Ory • •'^• � -� �9CM.-- �— Yr�Y�6= � _ .C� ' Y E ! P: c .5 i�' o m b FW PROJECT LOCATION i CITY OF NEW HOPE, MINNESOTA FIGURE 1 FIRE STATION PARKING LOT IMPROVEMENTS Stantec V:jf 1VEy193801812%CADVY4&,U93801812 HG1,DWr, D14 Y 2014 COMM:193801812 (revised 9/16/13) QWF)43 Budget Message Mayor and Council Members: Annually, the city manager must prepare a budget and present it to the city council. A Preliminary is considered and the maximum tax levy is adopted in September, with review and discussion o budget budgets between September and December, with the final budget and tax levy adopted in December. The following general fund budget report represents a summaryproposfor_ be provided by the city in 2014. The 2014 Budget incluthe operations ofithe general als fun all that are ces to supported by property taxes and budgets for certain s budget is reflective of the city's plans, policies, Procedures,and objectives regardecial revenue and ing servicesfuna o be s final provided in fiscal year 2014 and beyond. g Prior The final approved 2011 general fund budget was $9,870, g 125 and included a 1.5 percent levy increase over the 2010 budget. The 2011 budget eliminated $640,000 in Local Government Aid (LGA) as a revenue source, but included $335,252 in revenue from Market Value Homestead Credit (MVHC). As a result of legislation enacted in July, 2011, the city received $41,843 in LGA in 2011, but MVHC revenue was eliminated. A budget contingency plan in the amount of $293,417 (anticipated MVHC less LGA received was implemented to address the shortfall. No funding was included in the budget for equi ment/vehicle replacement due to state revenue reductions. p The final approved 2012 general fund budget was $10,312,863 and included a zero percent Ievy in over the 2011 budget. Although the city was scheduled to receive $41,843 in LGA in 2012, no state aid (including LGA and MVHC) was included in the budget as a revenue source. The 2013 general fund budget was $10,768,045 and included a 3.71 percent levy increase over the 2012 budget. No state aid. was included in the budget as a revenue source. The expiration of four 'IiF Districts provided the city an opportunity to add the districts' captured tax capacity back into the general levy with no negative impact on residential property owners. As a result central ar aui rnent/vehicle replacement charges, which were not included in the past several budget ars were reinstated and funded at 25% or an amount of approximately $250,000. P _liminary 2014 Bud et The preliminary Proposed 2014 general fund budget is $11,458,892 or 1.08% increase in the tax le vy (general fund portion). Major expenditure increases include the hiring of two new police officers traffic enforcement and school resource officer at North Education Center), election personnel costs for -the 2014 election, a 2% wage increase for employees and an adjustment in city council salaries, an increase in the fire and safety contract and capital improvements to the Xylon Avenue fire station rear parking lot, additional funds in street maintenance for road repair and continued funding of central garage equipment/vehicle replacement costs at 25%. Additional revenues, which are calculated conservatively, include an increase in fines due to additional patrol, increase in permit revenues due to anticipated redevelopment, and an . increase in police service charge outs for liaison officer reimbursementsDue to the fact that increased revenues do not equal increased expenses, it is recommended that $165,000 from the temporary financing fund be transferred to the 2014 budget to cover the cost of the fire station parking lot improvements (as previously discussed). The city will be receiving $532,819 in LGA in 2014. Central garage replacement costs for the general fund in 2014 total $285,000. There is a shortfall in revenue from other sources to cover all of this cost, therefore, it is recommended that the council consider utilizing $174,039 of the LGA as a revenue source for the general fund to cover these costs (not general operations). The remaining LGA of $358,780 could be transferred to the water fund. The state is expecting.municipalities to utilize some of the new LGA revenue to help keep local tax levies low. Again, the LGA for the general fund would be utilized as future savings for equipment, not general operations. Lastly, with a number of redevelopment opportunities in the near future, the council had requested that staff consider the possibility of reinstating 'the community development assistant position in the community development department. To accomplish this it is recommended that the council increase the EDA tax levy (separate from the general fund) in the amount of $65,000. With this addition, the overall property tax levy increase is 1.54% or $150,000. Per AEM, the recommended levy meets the levy limits established by the state legislature for 2014. The EDA levy has not been increased for many years and additional tax revenues from redevelopment should pay for the position in the future after,the developments are completed. Overview The budget provides a plan for the city for 2014 and beyond. It includes priorities and initiatives for the current year, as well as a focus for the future. The major key points and initiatives include: Budget Format • A new budget format was implemented in 2010 in an effort to enhance understandability and improvements continued to be made. The 2011, 2012, and 2013 budgets were prepared in a way that utilized the J.D. Edwards finance software to make the process more efficient for the department heads. This will continue in 2014. • In 2012 a services/programs priorities matrix was completed by the city council and commissioners rating functions as core or discretionary and the amount of expenditure for the service was identified. Departments were reviewed and discussed and percentage of budget information has been inserted on each budget narrative page. Public purpose statements were added to budget narratives. a Budget narratives under the summary section include major changes to budgets and personnel changes are noted. • A listing of positions and salaries has been included with the organization chart and the salary information ties directly to departmental budgets. • A pie chart has been included to illustrate the percentage of budget devoted to each function. • In conjunction with the League of Minnesota Cities, New Hope will again be participating in a Iocal performance measures program for 2014 in key city service areas. The city will solicit resident feedback on the delivery of services, specific performance measures will be developed and the information will be incorporated into the final budget document. Five -Year Finance Plan • Several times throughout the year, AEM and city staff present an updated five-year financial planning model that is intended to show stakeholders the results of current budget actions and provide scenarios for future actions at the staff and council level. This format integrates the current five-year capital plan and budget. AEM will update the data with preliminary 2014 budget information and present the Originating Department Public Works Bob Paschke, Director, Pub Wks COT TNTC H REQUEST FOR ACTION Approved for Agenda March 9, 2015 Kirk McDonald, Agenda Section Consent Item No. 6.8 Resolution accepting project and approving final payment to Omann Brothers Paving for the 2014 Fire station improvements (Improvement Project No. 920) Requested Action Staff recommends acceptance of project No. 920, and approval of final payment in the amount of $4,074.61 to Omann Brothers Paving. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service and promote efficiency in operations. Background History of this project is provided for the benefit of the newly elected council member. Project 920 initially was included in the city's 2013 capital improvement program. Projects for other Fire station improvements were set for following consecutive years which were identified in the five-year CIP. Staff recommended the following infrastructure repairs: • Small bituminous front parking lot + Concrete sidewalk and curbing in front of building • Concrete working area in front of the station equipment service entrance • Rear bituminous working lot area On August 12, 2013, staff presented plans and specifications for the first phase of Project 920 to Council. Staff recommended solicitation of bids and requests were sent to 12 contractors. Only two contractors had submitted bids for this project by the August 21, 2013, deadline. Due to the high cost, it was recommended that Council reject all bids for Project 920. Staff suggested that a combined project be brought forward and rebid in 2014. The thought being that quantity pricing would help reduce the expense and create a more appealing and competitive project. MOTION BY SECOND BY TO: i:i i a unwuKx%\ cu14 \ 76u Anal Lu14 nre 5tauon Yarkmg lot Request for Action, Page 2 March 9, 2015 The project was readdressed on March 10, 2014. Council approved to reissue bids for the small bituminous front parking lot; the concrete sidewalk and curbing in front of the building and the rear bituminous working lot area. The Project 920 bid opening was on April 15. Ten bidders responded with Omann Brothers Paving being the lowest responsible bidder at $180,058.34. On April 28 council awarded the contract to Omann Bros. The final construction cost is $169,860.84. The final project indirect costs are estimated at $30,000, which makes the total project cost approximately $199,860.84. The combined Fire Services improvement budget for 2013/2014 was $201,000. The contractor has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $4,074.61 is made to Omann Brothers Paving. Funding Per the discussion with the City Council when the 2014 budget was adopted, the city manager recommended that the project be paid by the temporary financing fund to keep the general fund budget/levy as low as possible. In late 2014 when the majority of the project was completed, a resolution was adopted authorizing a transfer of $197,460 from the temporary financing fund to the 2014 general fund/fire budget to reimburse the general fund for project costs (November 24, 2014 - Resolution No. 2014-149). Attachments • Resolution • Engineer's memo • Request for payment City of New Hope Resolution No. 15- 39 Resolution accepting project and approving final payment to Omann Brothers Paving for the 2014 Fire station improvements (Improvement Project 920) WHEREAS, the city recognizes improvements were necessary at the New Hope West Metro Fire station; and, WHEREAS, the city engineer had developed project specifications and contract terms for the work; and, WHEREAS, the city received bids for the work described and identified the lowest responsible and responsive bidder; and, WHEREAS, the contractor has completed all of the work in accordance with the contract plans and specifications, and is acceptable to staff and engineering: and, WHERAS, Council directed staff to fund the project through the temporary financing fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the city accepts project No. 920. 2. That final payment of the contract between the city of New Hope and Omann Brothers Paving in the amount of $4,074.61 for project #920 (2014 Fire Station improvements) is hereby approved. 3. That the City Council previously authorized a transfer from the temporary financing fund to the 2014 general fund/fire budget to pay for the project in part or entirety. 4. That the city manager is authorized to make final payment. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of March, 2015. Attest: wuao6x-�- City Clerk Mayor Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 February 27, 2015 File: 19380T218 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Fire Station Parking Lot Improvements - Final Payment City Project #920 Dear Bob, Enclosed find the final pay request and the IC -134 forms for the above referenced project. The contractor, Omann Brothers Paving, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $4,074.61 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 $180,058.34. The contract included no change orders. The Final Construction Amount is $169,860.84, which is under the Original Contract Amount. This project had a $10,197.50 under run, which was primarily due to less bituminous and aggregate base materials required to complete the parking lots. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. a44041 00. x� Christopher W. Long, P.E. c. Bernie Weber, Shawn Markham, John Blasiak - New Hope; Adam Martinson, Ann Dienhart, Megan Albert - Stantec. Design with community sn mind ® Staritec Owner: City of New Hope, 4401 Xylon Ave. N„ New Hope, MN 55428 Date: January 6. 2015 =or Period: 10/24/2014 to 1/6/2016 Request No: 3/FINAL contractor: Omann Brothers Paving, Inc„ 6551 Labeaux Ave. NE,.A'bertvllle, MN 55301 r CONTRACTOR'S REQUEST FOR PAYMENT FIRE STATION PARKING LOT IMPROVEMENTS STANTEC PROJECT NO. 193801812 CITY PROJECT NO. 920 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Pald Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC ' vG^t loop - Approved by Contractor: OMANN BROTHERS PAVING, INC. Specifled Contract Completion Date: 183801812REQ 3F INALABin 3/FINAL $ 180,058.34 0.00 0.00 $ 180,058.34 $ 169,860.84 $ 0.00 $ 169,860.84 $ 0.00 $ 169,860.84 $ 165, 786.23 $ 0.00 $ 4,074.61 Approved by Owner: CITY OF NEW PE Date: S- �, TOTAL PART 1 - FRONT PARKING LOT TOTAL PART 2 - REAR PARKING LOT TOTAL WORK COMPLETED TO DATE 193809812 REQ3F INAL.)dsm $36,720.85 $133,139.99 $169,860.84 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - FRONT PARKING LOT 1 MOBILIZATION LS 1 500.00 1 $500.00 2 REMOVE BITUMINOUS PAVEMENT SY 420 3.00 420 $1,260.00 3 REMOVE CONCRETE CURB & GUTTER LF 170 5.00 170 $850.00 4 REMOVE CONCRETE SIDEWALK SF 1300 1.00 1300 $1,300.00 5 REMOVE AND SALVAGE SIGN EA 2 50.00 2 $100.00 6 COMMON EXCAVATION (EV) CY 95 30.00 95 $2,850.00 7 4" NON -PERFORATED PVC PIPE IRRIGATION CONDUIT, SCH 40 LF 80 4.00 80 $320.00 8 GEOTEXTILE FABRIC, TYPE V SY 420 2.00 420 $840.00 9 AGGREGATE BASE, CLASS 5 TN 260 23.00 260 $5,980.00 10 CONCRETE CURB AND GUTTER LF 150 16.25 165 $2,681.25 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 3.00 25 $75.00 12 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 50 95.25 50 $4,762.50 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 50 115.00 50 $5,750.00 14 4" CONCRETE SIDEWALK SF 1200 4.50 1200 $5,400.00 15 6' THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 65 6.50 65 $422.50 16 TRUNCATED DOME PANEL SF 8 6.60 8 $52.80 17 4" SOLID LINE, WHITE - PAINT LF 340 1.10 340 $374.00 18 PAVEMENT MESSAGE, ADA PARKING EA 2 33.00 2 $66.00 19 ADA SIGN PANELS EA 2 279.40 2 $558.80 20 HYDROSEED WITH MULCH SY 120 4.40 120 $528.00 21 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 20 50.00 20 $1,000.00 22 STREET SWEEPER (WITH PICKUP BROOM) HR 5 150.00 5 $750.00 23 INLET PROTECTION EA 2 150.00 2 $300.03 TOTAL PART 1 - FRONT PARKING LOT $36,72085 PART 2 - REAR PARKING LOT 24 MOBILIZATION LS 1 1500.00 1 $1,500.00 25 REMOVE BITUMINOUS PAVEMENT SY 2600 2.00 2600 $5,200.00 26 REMOVE BITUMINOUS CURB LF 130 5.00 212 $1,060.00 27 SAWCUT BITUMINOUS PAVEMENT LF 50 3.00 50 $150.00 28 COMMON EXCAVATION (EV) CY 1445 10.00 1445 $14,450.00 29 CORE DRILL CONNECTION TO EXISTING STORM SEWER EA 3 271.33 3 $8T3.99 30 4" PERFORATED PVC DRAINTILE, SCH 40, WITH SOCK LF 90 15.00 90 $1,350.00 31 GEOTEXTILE FABRIC, TYPE V SY 2600 2.00 2600 $5,200.00 32 SELECT GRANULAR BORROW (MODIFIED) TN 1890 12.50 1768 $22,100.00 33 AGGREGATE BASE, CLASS 5 TN 1260 13.50 906 $12,231.00 34 CONCRETE CURB AND GUTTER LF 130 16.25 212 $3,445.00 35 7" CONCRETE PAD SF 440 5.45 462 $2,517.90 36 BITUMINOUS MATERIAL FOR TACK COAT GAL 140 3.00 140 $420.00 37 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 500 69.70 34.43 437.43 $30,489.10 38 TYPE SP 9.5 WEARING COURSE MIXTURE (2,E) TN 335 90.25 332 $29,963.00 39 4" SOLID LINE, WHITE - PAINT LF 560 1.10 $0.00 40 HYDROSEED WITH MULCH SY 80 4.40 $0,00 41 PREMIUM TOPSOIL BORROW (4" DEPTH) (LV) CY 15 50.00 15 $750.00 42 INLET PROTECTION EA 3 150.00 3 $45000 43 ADJUST GATE VALVE EA 1 100.00 $0.00 44 ADJUST EXISTING CASTING WITH NEW RINGS EA 2 150.00 2 $300.00 45 STREET SWEEPER (WITH PICKUP BROOM) HR 5 150.00 5 $750.00 46 INLET PROTECTION EA 2 150.00 $0.00 TOTAL PART 2 - REAR PARKING LOT $133,139.99 TOTAL PART 1 - FRONT PARKING LOT TOTAL PART 2 - REAR PARKING LOT TOTAL WORK COMPLETED TO DATE 193809812 REQ3F INAL.)dsm $36,720.85 $133,139.99 $169,860.84 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 920 STANTEC PROJECT NO. 193801812 CONTRACTOR OMANN BROTHERS PAVING, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainaae Completed 1 08/01/2014 09/05/2014 34,884.81 1,836.04 36,720.85 2 09/06/2014 10/23/2014 130,901.42 1,674.61 167,460.84 3/FINAL 10/24/20 T 4 01/06/2015 4,074.61 169,860.84 Material on Hand Total Payment to Date $169,860.84 Original Contract $180,058.34 Retainage Pay No 3/FINAL Change Orders Total Amount Earned $169,860.84 Revised Contract $180,058.34 193801812REQ3FINAL.xlsm https://www.mndorstaW.rnn.us/tp/eservices/ /Retrieve/0/b-/OcVg_t... MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Corfirmadon Number. Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affldevtt Number: Account Number: Project Owner. Proiett Number. Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 1-827-005-824 20 -Feb -2015 7:33:09 AM OMANN BROTHERS PAVING INC 20-0632015 6837953 Contractor Affidavit 1053442046 6837953 CITY OF NEW HOPE 920 29 -Jul -2014 07 -Oct -2014 NEW HOPE FIRE STATION $169,860.84 Name ID AffldavR Number SIR LINES A LOT 3509324 1047429120 FOBBE CONTRACTING INC 8250920 757497856 SCHMIDT CURB COMPANY INC 3605361 2043822080 BROWER CONCRETE INC 6326979 268779520 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Wdhholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-0594, or (email) UVithholding.taxCstate.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print thle confirmation page far your records using the print or save furrcionality built Into your browser. %--of 2/20/2015 7:22 Ar Laurie Aho <1eur1e@1nes81ot.com> 02/03/2015 01:20 PM Hi Jason, Please see below for the IC -134. Laurie Aho Office Manaeer �f SIR J 2400 E 26th St Minneapolis, MN 55406 952-913-8382 612-926-8201 Fax To Jason M Stauffer <JMStauffer@omanninc.00m> cc bac Subject IC -134 ---------- Forwarded message ---------- From: MN Revenue e -Services <eservices.mdorC state.mn.us> Date: T ue, Feb 3, 2015 at 1:19 PM Subject: Your Recent Request To: This email is an automated notification and is unable to receive replies. Contractor Af'fi'davit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-463-600-000 Submitted Date and Time: 3 -Feb -2015 1:19:35 PM Legal Name: SIR LINES -A -LOT INC Federal Employer ID: 46-5427787 User Who Submittal: linesalot Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1047429120 Account Number: 3509324 Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: Important Messages C1TY OF NEW HOPE WEST METRO 09 -Aug -2014 09 -Aug -2014 CITY OF NEW HOPE $400.00 No Subcontractors A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. "Kelly Fobbe" <gkfobbe@lakedaielink.net> ` 02118=1510:11 AM To "Jason M Stauffer" <JMStauffer@Omanninc.com> cc bac Subject FW: Your Recent Request Here is the ic 134 form. I will send the lien waiver next From: MN Revenue e-5ervlces[malkD:eserviaes.mdorOstabe.mn.us] Sent: Wednesday, February 18, 201510:10 AM To: gkfobbe@lakedalelink.net Subject; Your Recent Request This email is an automated notification and is unable to receive replies. Contractor Affidavit Submitted Thank you, your Contractor Affldavit has been approved. Confirmation Summary Confirmation Number Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted; Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-883-399-552 18 -Feb -2015 10:09:41 AM FOBBE CONTRACTING INC 20-4553974 gkfobbe Contractor Affidavit 767497856 8250920 CRY OF NEW HOPE FIRE HALL (92.0) 18 -Sep -2014 18 -Sep -2014 NEW HOPE $760.00 No Subcontractors RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Date:), .1,W-/.. The undersigned hereby acknowledges receipt of the sum of $ 7 YO, 4b CHECK ONLY ONE 1. ❑ as partial payment for labor, skull and material fimahhed 2. ❑ as payment for all labor, skill and materials furnished or to be furnished (except the sum of - .. -- retainage or holdback) 3. as Wit and finaI payment for alt labor, skill and miodal furnished or to be furnished to the following described real property: (Ito desm iption, street address or project name) Commonly known as c i •4 L� {j � IV040 Hope �j 4:11e Hau and for value received hereby waives all rights acquired by the undersigned to fila or record mechanic's lien eggdust said reed property for labor, stall or material fi=Wked to said real property (only for the smoum paid if Box l is checlaed, and axaept for retainage shown if Boer 2 is checked). The undersigned dfbw that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have bew paid in full, EXCEPT: NOTE: If fids instrument is exaemAed by a corporation, it must be signed by an By officer, and if executed by a p un ership. it must be aimed by a partner. WIMOR irk e Rim AND WAMR 09 NECRAMCOS LOW VjqgM The wdwdPW bweby 6r--jedW MOP afftemds-421L m A3 Pudd py=mt for Ww,.W d M.W. teamed. 2.) A$ pkvma bf labor, mho[ h6d"(dso s=*W MMW or to be Wdbuk). or Ae AW Od AW "Oct ft! 40 WW, WO d of�u be fivdod ac=f If PW ind bid PmPftd Po: the or Projan own* *'Q� 4*6" W F"W d**" AM Wdwei� rod 00 ("Vod baby wawa' a tib mdpCody xthMWW Wd la"of i��"d a to or t ill Ilse abaakod, abut, odd awin Iflift 2 is =**--od has bom dM='dit Wi - r1Ped o ad W bm VW in fW10 t.Y the =dm4bid ha", &'"me gut Mori M 55330 Hatt Im wMan is ft*mw by a If 4 OPW by #A GMCWj =MOW by A PUMMW it MM be Biped by a Pamer. im I T92846tp: 01 T906TOML ONI"00 SSnO IOIWHOS:wojj es:tP096oe-00-83i MN e -Services Contractor Affidavit Submitted Err1lar hlfgrr+rlUon Rw1.w anrj f3trbrrllt Gan1pIM9 Thark you, your ContraetorA(fidav9 has been approved Confirmation Summary CaMlrmadon Number. 0-1214925-M Submitted pate and Tlcna. 19Jan-2015 12:05:55 PM Legal Nemo: BROWER CONCRETE INC Federal Employer ID: 87-17 MNS User Who SubmMled Type of Request Submitted: ContracxarAflSdevit Affidavlt Summary AffiddrMt Number: 209779620 Aceaea Number. 6326979 Projad Owner. CITY OF NEW HOPE Project Number: 020 Project Begin Data. 29JukZ014 Project End Dote: 3D%IuIWW14 Prajaa Location: XYLON AVE NORTH, NEW HOPE, MN PrajectAmomt $7,40995 Stbwntrac iers: No Subcontracbrs Page 1 of 1 Important Messages A copy of Ihis pope must be pmvkiad to the conbaotor or govern n! agerusy that hired you. Contact ifs If you need 191ha aeebtenM cpnWour Wllhholdng Tax Division at (Metro Area) 951,292.099®, (carester Minnesota) 110D407J1ft or (eresp} WRMoldin® UmCatafe mn.ka. Business hours m 9:00 a m. -4:80 p m, Monday - Friday. Now to View and Print this Request You can we Copies of your regLm to by gofng to Ore Wtory Tab, or by clicking the link below. To Pdnt or small a copy of this tconime8on page, click one of Ore buftm below. Click ftM M no to the History Tab Corned Us About Us Taxpayer Rigree Other Language PrWcy b Security Use of Inkmrretlon Link Polley Minnesc 9 qav Fraud Alert Site Help Relelod Sitas Carears 0 httns://www.mndor.stwx.mii.us/tD/esmvices/ / 1/19/2015 1. 2, 3, 4. DATE: !T AND WAIVER OF MECHANIC'S LIEN RIGHTS This is a LECApINSTRUMENT and must be excreted accordingly by officers of corporations and by partners in co- rships. It is important that ALL the blanks be completed and the AMOUNT PAID HE SHOWN. A receipt similar tb this or legal waiver of lien rights will be required for all plumbing, ming, plastering, etc. NO ERAS oR ALTERATIONS 11[UST iX MADE, The undcrsigne4 hereby acknowledges -receipt of the sum of $. , 373.42 CHECK ONLIJ ONE 1) ® partial payment for fi bw, skill, and material furnis W or to be fu,rnidlrad 2) D 'payment for all labor, skill, and mwaial furnished or to be furnished or to be #urnished (except tbasum of $ retaitrage or holdback) 3) (M 4 full and final payment for all labor, akill, and material furnished -or to be furnished to the fallowing described real property. (legal description, street address, or project name) New Hope Fire Station -pylon Ave New Hope, MN and for value r ecived hereby waives all rights acgWrad by the undets nod to file or WC40d meellanic's liens against s�real property for Tabor, skill, or material furnished to said real property (r►Y far the amount paid if I is checked, and except for retainage shown if Box 2 is checked.). The undersigned affirms that all 6aterial furnished by the undersigned bas been paid for, and all subcouUmtors employed by the undersig6d have been paid in 6x11, EXCEPT: Omenn Bwl&= Paving, tw. PO Box 126 Albertviile};MN 55341 i a f IM County Road 145 Clearwater. wNN 55320 (haat:) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in co -partnerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating, plastering materials, etc. 4. NO ERASURES OR ALTERATIONS MUST BE MADE. DATE: 2120115 The undersigned hereby acknowledges receipt of the sum of $ 4,074.61 CHECK ONLY ONE 1) 13 as partial payment for labor, skill, and material furnished or to be furnished 2) ® as payment for all labor, skill, and material furnished or to be furnished or to be furnished (except the sum of $ retainage or holdback) 3) ® as full and final payment for all labor, skill, and material furnished or to be famished to the following described real property: (legal description, street address, or project name) Fire Station Parking Lot New Hope, MN and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill, or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Omann Brothers Paving, Inc; - (Company Name) President - (Tide) PO Box 120 (Address) Albertville, MN 55301 (Address) — -