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IP #931Request 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 8.3 Resolution approving plans and specifications for the proposed 2014 sanitary sewer lining project and ordering advertisement for bids (improvement project 931) Requested Action Staff is recommending that Council pass a resolution approving plans and specifications, and authorizing advertisement for bids for the proposed 2014 sanitary sewer pipe lining project. Policy/Past Practice In the fall of 2003, the city initiated a sump pump inspection program as part of the city's 1/1 reduction program. Additional initiatives completed by the city include replacement of older, center hole sanitary sewer manhole covers with solid covers in low areas of the city prone to street flooding; the lining of nearly 1,700 feet of sanitary sewer pipe through low areas of the city in 2004/05; roof vent and foundation drain inspection of apartments and commercial buildings; and the televised inspection of approximately 45,000 feet of sanitary sewer pipe in an effort to continue to reduce the amount of excessive I/I. Background The city's 2014 capital improvement program (CIP) includes $250,000 for installation of linings of the city's sanitary sewer collection system. Staff is recommending that the city initiate the lining of sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing III through the various programs the city has implemented, including the lining of sanitary sewer pipes, the city is also extending the useful life of the sanitary sewer infrastructure. To be effective in eliminating I/I issues, pipe lining is completed between two manhole structures. For this reason, staff's pipe lining recommendations are based upon the distance from manhole to manhole. Motion by./Y yh� Second by To: L\ RFA \ PUBW0RKS 12014\ 9312014 Sewer Lining\ 9312014 Sewer Lining Approve Plans Specs Q&.R.doc Request for Action, Page 2 April 28, 2014 The 2014 project includes sanitary mains in the industrial park area, located between 49th Avenue North, Boone Avenue, and Bass Lake Road. If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the April 28 Council meeting. Bids could then be received on May 20 and brought back to Council for review at the May 27 meeting. In order to avoid conflicts with the 2013 infrastructure improvement project (August 29 completion), the work under this contract will be completed in the fall of 2014. There is approximately 7,825 feet of pipe to be lined in this area Funding The engineer's cost estimate for the project is $250,000. The sanitary sewer lining project is listed in the 2014 CEP. Funding for the project would be from the sanitary sewer fund. Attachments + Resolution Engineer's memorandum Map of the proposed area City of New Hope Resolution No. 14-69 Resolution approving plans and specifications for the proposed 2014 sanitary sewer lining project and ordering advertisement for bids (improvement project 931) WHEREAS, the capital improvement program identifies programs to reduce the inflow and infiltration entering the sanitary sewer system; and, WHEREAS, Metropolitan Council Environmental Services (MCES) has determined that lining sanitary sewer pipe reduces the impact of excessive inflow and infiltration (I/I); and, WHEREAS, lining sanitary sewer pipe has been established as an effective way to reduce IA and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 2014 IA abatement program activities are included in the approved 2014 sanitary sewer operating budget and capital improvement program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota, that: 1. The city clerk shall prepare and cause to be inserted in the official paper, an advertisement for bids for New Hope's 2014 sanitary sewer lining. The advertisement shall state that the bids will be opened at 10:30 am. CDT on Tuesday, May 20, 2014, at the New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid shall be given an opportunity to address the City Council on the issue of responsibility. No bids shall be considered unless sealed and filed with the city clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the city for five percent (5%) of the amount of such bid. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 28th day of April, 2014. Mayor Attest: City Clerk -Stantec April 18, 2014 File: 1938027, 0 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: 1651 i 636-4600 Fax: (651) 636-131 Reference: 2814 Sanitary Sewer Lining - Approve Plans and Specifications City Project No.: 931 Dear Bob, In New Hope's continued effort to reduce service costs, an annual pipe lining project has been implemented to help address inflow and infiltration into the city's sanitary sewer system. The 2014 project includes sanitary mains in the industrial park area, located between 49th Avenue North, Boone Avenue, and Bass Lake Road. The complete construction documents are attached and are also available at City Hall for review. The total project costs, including indirect, is estimated to be $250,000. If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the April 28th Council meeting. Bids could then be received on May 20th and brought back to Council for review at the May 27th Council meeting. In order to avoid conflicts with the 2013 Infrastructure Improvements project (Aug. 29th Completion), the work under this contract will be completed in the fail months of 2014. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. c. Bernie Weiner, Shawn Markham - New Hope; Adam Martinson, Rohini Ray, Jeremy Hauser - Stantec. PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2014 SANITARY SEWER LINING CITY PROJECT NO.931 RATE; MARCH 2014 COMM: 193802710 r 0 1250 2500 Swale In feet m tD Ti RESEARCH CENTER RD W 237=9-VCP23 � .......... 16PA AIV, -4 1002 1001 . . .... .... ....... RIM 896 60 PUM! 11!.40 ...... .... INV: 885.11) INV. 992 RIM: DD RIM: 998.60 INVi 889.0() 1 4.17 993— RIM: 895.62 j ! INV: 02 ........... - - 995 RM, 896.96 INV: 886.06 . ............. 104 10 106 107 RIM., 906.18 RIM: 900.68 RIM: 899.281 \RIM: 897.88 8_5 INV; 896.00 INV: 894.93 INV: 8913.851AV: 892.76 996 RIM: 897.65 INV: 886.42 9 V P 21W 3�16 - 9- VCP 358'- 91 VCP 361'- 9" VCP 254-9 325'-79 SCIENCE DR!IVE 110 Ill —A112 I "4 7 (175)- RIM: 898.90 RIM`897.10 RIM: 898.87 RIM: 898.581 INV: B91.2.1 INV 891.30 INV: 893.00 INV; 894.001 � SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA FIGURE 2 RIK 1892.92 . ........ . . ..................... . . ... . RIM: 902.210 z 997 INV. 880.40 -A6 t Lu RM: W5.96 1w :881.26 ......... . ............... a --z 9 Ij Scale n fact RIM: 894.72200 INV: 881.92 Z. ..... ... r Lu RIM. 892.98 Iq F- 12T - 9" RESEARCH CENTER RD W 237=9-VCP23 � .......... 16PA AIV, -4 1002 1001 . . .... .... ....... RIM 896 60 PUM! 11!.40 ...... .... INV: 885.11) INV. 992 RIM: DD RIM: 998.60 INVi 889.0() 1 4.17 993— RIM: 895.62 j ! INV: 02 ........... - - 995 RM, 896.96 INV: 886.06 . ............. 104 10 106 107 RIM., 906.18 RIM: 900.68 RIM: 899.281 \RIM: 897.88 8_5 INV; 896.00 INV: 894.93 INV: 8913.851AV: 892.76 996 RIM: 897.65 INV: 886.42 9 V P 21W 3�16 - 9- VCP 358'- 91 VCP 361'- 9" VCP 254-9 325'-79 SCIENCE DR!IVE 110 Ill —A112 I "4 7 (175)- RIM: 898.90 RIM`897.10 RIM: 898.87 RIM: 898.581 INV: B91.2.1 INV 891.30 INV: 893.00 INV; 894.001 � SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA FIGURE 2 Lu iQ Lu z 0 0 m SANITARY LINING LEGEND — I --- EXISTING SANITARY SEWER PIPE EX[MING SANITARY SEWER MANHOLE 270'- 9" VCP PROPOSED SANITARY SEWER PIPE WITH (1022) (PIPE ID) - TO BE LINED 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 �Atantec V:\1938\ACTIVEX193802710�CAD\DWG\1938027lQ-M2.DWG DATE: MARCH 2014 COMM: 193802710 RIK 1892.92 INV: 03.32 z t Lu iQ Lu z 0 0 m SANITARY LINING LEGEND — I --- EXISTING SANITARY SEWER PIPE EX[MING SANITARY SEWER MANHOLE 270'- 9" VCP PROPOSED SANITARY SEWER PIPE WITH (1022) (PIPE ID) - TO BE LINED 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 �Atantec V:\1938\ACTIVEX193802710�CAD\DWG\1938027lQ-M2.DWG DATE: MARCH 2014 COMM: 193802710 . . . ....... . . . . . . . . . .. . ............. 1- 119 20 j RIM: 900.87 RIM: 897.00 INV: 885.8D361 INV: 887.00 52ND AVE 1� z INVRIM899.20 : 885.10 44 1,- Lj 2 441RIM: 896.612 INV, M.89 . ......... 99' RIM: �96.90 284'-9"VCP INV: 683.10 -- 115815(P43) FiIM: 896.0.5 IV. 880.50 990 RIM: 890.97 INV: 89140 ft,Mift a6o IN, 881.59 0 z Bl' - 9" VCP (66D) 987 RIM: 91 INV: 90 s AVENE- ORTH SANITARY LINING LEGEND SANITARY SEWER LINING PLAN OCISTING SANITARY SEWER PIPE EXISTING SANITARY SEWER MANHOLE 270' - 4 9" VCP PROPOSED SANITARY SEWER PIPE VOTH (1022) (PIPE ID) - TO BE LINED NEW HOPE, MINNESOTA FIGURE 3 /1 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 V:\1938\ACTIVE\193802710\CAD\DWG\193802710—F02.[YWG DATE: MARCH 2014 COMM: 193802710 C.P. RAIL ROAD . .......... 988 RIM: 918.61 INV: 908.10 llr - 9" VCP (661) 126 RIM: �902.9 INV: 890 281'9' VCT' ---26i'-Ir-VCP . ..... ....... 51ST ST N RIM: 90�;� INV: 897.D0 0 z Bl' - 9" VCP (66D) 987 RIM: 91 INV: 90 s AVENE- ORTH SANITARY LINING LEGEND SANITARY SEWER LINING PLAN OCISTING SANITARY SEWER PIPE EXISTING SANITARY SEWER MANHOLE 270' - 4 9" VCP PROPOSED SANITARY SEWER PIPE VOTH (1022) (PIPE ID) - TO BE LINED NEW HOPE, MINNESOTA FIGURE 3 /1 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 V:\1938\ACTIVE\193802710\CAD\DWG\193802710—F02.[YWG DATE: MARCH 2014 COMM: 193802710 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/Go1dV and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 2 succes- sive issues; the first insertion being on 05/08/2014 and the Iast insertion being on 05115/2014. By Authorized Agent Subscribed and sworn to or affirmed before me on 05/15/2014. Notary Public �..wwvWVVVVvWWVVyyyyyyA MMMAM �l ltiotary Pt1bIi0 111i1[f16�01l�1 wool hate Information: (1) Lowest ciassifred rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 216114 City of New Hope (Official Publication) ADVERTISEMENT FOR BIOS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:00 A.M., CDT, Friday, May 30, 2014, at which time they Will be publicly opened and read aloud for the furnishing of A labor, materials, and all else necessary for the following: 2014 Sanitary Sewer Lining - City Project No. 931 In general, Work consists of re- habilitation of approximately 7,825 feet of sanitary sewer by Installing cured in-place liner. Complete digital Bidding Docu- ments are available at www. questcdn.com for $20 by Inputting QuestCDN eBidDoe #3286724 on the webshe's Project Search page. Paper Bidding Documents rrkay 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 Engineers Project Manager, Chris Long, at (651) 604-4808. Bid Security In the amount of 5 Percent of the amount of the Bid must accompany each Bid in ac- cordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 krwest 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 6o 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 ir- regularities and informalities therein, and further reserves the right to award the Contract to the best In- terests of the Owner. Kirk McDonald, City Manger City of New Hope, Minnesota 5W4, 3SP2, Bids 2014 Sanitary Sewer Lining, 216114 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 10:00 AM, CDT, Friday, May 30, 2014, at which time they will be pub licly opened and read aloud for the furnishing of all labor, materials, and all else neces. sary for the following: 2014 Sanitary Sewer Lining — City PrPiept No. 931 In general, Work consists of rehabilita- tion of approximately 7,825 feet of sanitary sewer by installing trued -in-place liner, Complete digital Bidding Documents are available at www.questedncom for $20 by inputting 9uestCDN eBidDoa ;5286724 on the websites Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2336 Highway 36 West, St, Paul, MN 55113, (651) 636-4800. Direct inquiries to Raginser'n Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 6 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 s lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids, No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening ofBids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. KIRK MCDONALD, City Manager City ofNew hope, Minnesota (Published in Finance and Commerce May 8, 16, 2014) 14544448 Page i of 1 Affidavit of Publication STATE OF MINNESOTA ) (SS. COUNTY OF HENNEPIN ) Description: Bids for New Hope RE: 2014 Sanitary Sewer Lining Peggy Lewis , being dtic • sv-cm on oath say she/he is and during a.l times herein stated has been the p0iisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce (Ml) and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as provided by Minnesota Satute 331A.02, and 331A.07, and other applicab lz� ,aws. as areended. (13) She.,He further states on that the printed Construction 10544446 hereto printed as part as it was printed and published there in the English language; that it was first so published on May 08, 2014 for 2 time(s); c subsequent ates of publications being as follows-, 5/8/2014 5/15/2014 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the X abcdefghijklnmopgrstuvwxyz abcdefghijklmnopgrstuvwxyz Subscribed and Sworn to before me this 15th day of May, 2014 (Notarial Seal) Notary Publir� E Hennepin County, Minnesota CARRIE ANN RETZAdl( Notary Public -Minnesota 1Y melon BOrm Jan 81, 2M6 RATE INFORMATION: 1. Lowest classified rate paid by $ 16.0000 commercial users for comparable space: 2. Maximum rate allowed by law for $ 0.48563 the above matter: 3. Rate actually charged for the above $ 0.4415 matter: COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 9, 2014 Development & Planning Item No. By: Bob Paschke, Dir. Pub Works By: Kirk McDonald, City Manager 8.1 Resolution awarding a contract to Visu-Sewer Inc. in the amount of $174,350.00 for lining sanitary sewer pipe (improvement project 931) Requested Action Staff is recommending that Council authorize city staff to continue with the city's I/I reduction program and pass a resolution awarding a contract for a 2014 sanitary sewer pipe lining project to the low and responsible bidder, Visu-Sewer Inc., in the amount of $174,350.00. Over the years, Visu-Sewer Inc. has completed a number of projects for the city. Policy/Past Practice In the fall of 2003, New Hope initiated a sump pump inspection program as part of the city's 1/1 reduction program. Additional initiatives completed by the city include replacement of older, center -hole sanitary sewer manhole covers with solid covers in low areas of the city prone to street flooding; the lining of nearly 1,700 feet of sanitary sewer pipe through low areas of the city in 2004/05; roof vent and foundation drain inspection of apartments and commercial buildings; and the televised inspection of approximately 45,000 feet of sanitary sewer pipe in an effort to continue to reduce the amount of excessive I/I. Background The city's 2014 capital improvement program (CIP) includes $250,000 for installing linings of the city's sanitary sewer collection system. Staff is recommending that the city initiate the lining of sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing I/I through the various programs the city has implemented, including the lining of sanitary sewer pipes, the city is also extending the useful life of the sanitary sewer infrastructure, To be effective in eliminating I/I issues, pipe lining is completed between two manhole structures. For this reason, staff's pipe lining recommendations are based upon the distance from manhole to manhole. Motion by Ftp Second by To: 2 o 1 1: \ KFA\ PUBWORKS \2014\ 9312014 Sewer Lining \ 931 Award2014 Sewer LiningProject Q&R Request for Action, Page 2 June 9, 2014 The 2014 lining project includes approximately 7,825 feet of sanitary sewer mains in the industrial park area, located between 49th Avenue North, Boone Avenue, and Bass Lake Road. In order to avoid conflicts with the 2013 infrastructure improvement project (August 29 completion), the work under this contract will be completed in the fall of 2014. Funding Funding for the project would be from the city's sanitary sewer fund. The sanitary sewer lining project is listed in the 2014 CIP at $250,000. With the competitive bids, and the Metropolitan Council reinstating the I/I surcharge program, staff recommends that all streets proposed for the 2014 sanitary sewer pipe lining project be lined. The lowest responsible bid of is $174,350.00 with indirect costs roughly $20,000, the project total is approximately $194,350; $55,650 under budget. Attachments * Resolution + Engineer's memorandum + Bid tab • Map of the proposed area City of New Hope Resolution No. 14- 85 Resolution awarding contract to Visu-Sewer Inc. in the amount of $174,350.00 for lining sanitary sewer pipe (improvement project 931) WHEREAS, the capital improvement program identifies programs to reduce the inflow and infiltration entering the sanitary sewer system; and, WHEREAS, Metropolitan Council Environmental Services (MCES) has determined that lining sanitary sewer pipe reduces the impact of excessive inflow and infiltration (I/1); and, WHEREAS, lining sanitary sewer pipe has been established as an effective way to reduce IjI and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 2014 I/I abatement program activities are included in the approved 2014 sanitary sewer operating budget and capital improvement program. WHEREAS, the city has accepted quotes for the improvement described and has identified the lowest responsible and responsive bidder; and, WHEREAS, the city engineer, Stantec, and staff are recommending that Council award the contract to Visu- Sewer Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota, that: 1. That the contract between the city of New Hope and Visu-Sewer Inc. in the amount of $174,350.00 is approved. 2. That the mayor and city manager are authorized to sign the contract documents. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of June, 2014. Mayor pro tem Attest: City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 551 -13 Tel: (651) 636-4600 Fax: (651) 636-1311 June 2, 2014 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2014 Sanitary Sewer Lining City Project No. 931 Stantec Project No. 193802710 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on May 30, 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 6 Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Visu-Sewer, Inc. with a Total Base Bid Amount of $174,350.00. This compares to the Engineer's Opinion of Probable Costs of $220,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Visu-Sewer, Inc. should be awarded the Project on the Total Base Bid Amount of $174,350.00. Should you have any questions, please feel free to contact me at (651) 604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. F LAduz Christopher W. Long, PE Enclosure Contractor Total Base Bid Low Visu-Sewer, Inc. $174,350.00 #2 Insituform Technologies USA, LLC $179,150.00 #3 Lametti & Sons, Inc. $198,800.00 #4 SAK Construction, LLC $221,428.75 #5 Veit & Company, Inc. $224,600.00 #6 Michels Corporation $228,119.75 The low Bidder on the Project was Visu-Sewer, Inc. with a Total Base Bid Amount of $174,350.00. This compares to the Engineer's Opinion of Probable Costs of $220,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Visu-Sewer, Inc. should be awarded the Project on the Total Base Bid Amount of $174,350.00. Should you have any questions, please feel free to contact me at (651) 604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. F LAduz Christopher W. Long, PE Enclosure 4 Stantec Project Name: 2014 Sanitary Sewer Lining r ha"eby cPrbYy that this Is an exact reprnducff n ofbidsreceived. EDA Project No.: 931 Project No.: 193802710 - Bid Opening: fidK, May. 30, 2014, at 10 A.M., CDT Owner: City of New Hope, Minnesota OW -h* her W. Long License No 471616 Bidder No. i Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Visu-Sewer, Inc. Indtw1bnn Technologies USA,LLC Lametti &Sona, Inc. 5AK Construction, LLC Item Num Item Unita Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS i $2,000.00 $2,000.00 $3,000.00 $3,000.00 $7,000.00 $7,000.00 $151500.00 $15,500.00 2 TRAFFIC CONTROL LS 1 $100.00 $100.00 $2,000.00 $2,000.00 2000 $2,000.00 $3,500.00 $3,500.00 3 BYPASS PUMPING LS 1 $100.00 $100.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 2 SEWER REHABILITATION WITH CIPP, 9" LF 7,825 $22.00 S172.150.00 $22.00 $172,150.00 $24.00 $187,800.00 $25.55 $199,928.75 TOTAL BASE BID $174,350.00 $179,150.00 $198,800.00 $221,428.75 Contractor Name and Address: Visu-Sewer, Inc. Insitutarm Technologies USA, LLC Lametti & Sons, Inc SAK Construction, ILC W23ON4855 Betker Drive 17988 Edison Avenue 16028 Forest Blvd. N, PO Box 477 864 Hoff Road Pewaukee, WI 53072 Chesterkid, MO 63005 Huoo. MN 55038 O'Fallon, MO 63366 Phone: 262-695-2340 636-530-8000 651-426-1380 636.385-1000 Fax 262-695-2359 636-53048701 651-426-0044 636-385-1100 Signed By: Keith M. Aiexander Jana Louse Daniel J. Banken Boyd Hirtz Title: President Contracting & Attesting Officer Viae President Vice President Biu Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Admowledged: None None Now None 49380VI:aT.*a11% BT -1 Stantec Bidder No. 5 Bidder No. 6 BID TABULATION Veit & Company, Inc Michels Pipe Services Item Num Item Units Qty Unlit Ptke Total Unit price Total BASE BID: MOBILIZATION LS 1 $4,500.00 $4,500.00 $13,735.00 $13,735.00 2 TRAFFIC CONTROL LS 1 $500.00 $50D.00 $2,946.90 $2,946.00 3 BYPASS PUMPING LS 1 $500.00 $504.00 $2,120.00 $2,120.00 2 SEWER REHABILITATION WITH CIPP,9" LF 7,825 $28.00 $219,100.00 $26.75 $209318.75 TOTAL BASE BID $224,500.00 $226,119.75 Contractor Name and Address: Veit & Company, Inc. Michels Corporation 14000 Veit Place 817 West Main Street Rogers, MN 55374 Brownsville. WI 53006 Phone: 763-428-2242 920-50-3132 Fax 763-478-8348 920-924-4323 Signed By: Greg Bodice Patrick Herzog Title: President Vice President Bid Security: Bid Bond Bid Bund Addenda Admwledged: None None ssa:e BT -2 e ?OJECT LOCATION, NEW HOPE CITMALL PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 DATE: MARCH 2014 COMM: 193802710 0 1250 2500 Scale 1n feet Stantec Lu Q Q Z_ Z w Z RESEARCH CENTER RD W r m rNr 104 105 106 107 RIM: 906.18 RIM: 900.66 RIM:899.28 \Ral: I(W: 896.00 INV: 894.93 INV: 893.85 INV: 847.86 892.76 o, RIM: 90230 INV' 880.40 997 RIM: 895.96 - W. 881.26 998 'v ^m RIM: 194.77 INV: 881.92 w h ... ^^ 999' RIM: 892.98 INV: 882.53 n CENTER ROAD E-- _. .... 233r 9"WW7 234' 9"VCP 100 92.92 Vv J .._(549}- Y° a ^� INV: 883.32 1002 RIM: 896.60 RIM: 001 a+ 1001- RIM: 893.40 INV: 885.10 INV; 804.93 '1003 992 i w = RIM: 898.60 RIM: 894.00 INV: 889.00 INV: 864.11 2 f O z n � ,,z G F 493 RIM: 845.62 D INV_B85.02 x Lu Iri z 95 9954 0 z R84:896.96 m O 0V'V: 886.06 b o X SANITARY 946 �, RIM: 897.65 W. 886.42 .- 346'.__- - - - - - - - > - 9" VCP 358' - 9' VCP 361' _'g" VCP 254' _ g' VCP 331' - 9" UIP 325' - 9" VCP :._. Zs7�l (145) x10 (17 _. r \-110 -- - SCIENCE ENTER DRIVE 1� 111 112 RIM: 898.90 RIM: 897.10 RIM: 898.87 RIM: 898.58 INV: 891.21 INV:; 891.30 INV: 893.00 INV: 894.00 { SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 FIGURE 2 V:\1938WCnVE\193802710\CAD\DW(;1193802710 F02.DWG DATE: MARCH 2014 COMM: 193802710 NING LEGEND EXISTING SANITARY SEWER. PIPE EXISTING SANITARY SEWER MANHOLE 270'-. 9' VCP PROPOSED SANITARY SEWER PIPE WITH (1022) (PIPE ID) - TO BE, LINED 170a REM: 900.87 119 RIM: 897.00 - INV: 887.00 INV: 885.80 -... -- (237)., 52ND AVE 11 , -.. Z RIM, 899.'20 _. _ - I .. Lu INV: BB5.16 > A .. I O RIM: 896.42 i INV: 811`3.80 v t 990 = RIM; 890.97 991 RIM: 696.90 n 284 g„ V� INV: 882.40 INV; 1163.10 - �? z,_- (664) , }v , En RIM; 699„60 INV' 881.'50 m 51566 (P43) V mm: 896.05 � INV: 880.50 I SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA C.P. RAIL ROAD 988 ROM: 918.61 INV: 908.10 I18'-9'VU cru 126 RIM: 902.04 - . 890.90 -X281'; 9"VCP----� tlfP INV: ---. - _._..�--�-.< , -70) 124 51ST ST N RIM: 905.20 INV: 897-00 i -' 49TH AVENI El ORTF 2014 SANITARY SEWER LINING — CITY PROJECT NO.931 ■� Fill Z W Z Lu a Lu Z 0 r1 0 200 400 Seale In font 81'-9'VCP (660) 987 RIM: 919.91 INV: 909.00 i -i- RIM: 915.19 ..INV.L905.00_ FIGURE 3 V:\193"CTIVE\193802710\CAD\DWG\193802710_ F02.DVdG DATE: MARCH 2014 COMM: 193802710 SANITARY LINING LEGEND EXISTING SANITARY SFWFR PIPF EXISTING SANITARY SEWER MANHOLE 270' - 9" VCP PROPOSED SANITARY SEWER PIPE WITH (1022) (PIPE ID) - TO BE LINED r s -a ntSL c 5 Stantec June 11, 2014 Mr. Keith Alexander Visu-Sewer, Inc. W23ON4855 Betker Drive Pewaukee, WI 53072 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 2014 Sanitary Sewer Lining Project No. 193802710 Notice ofAward/Contract Documents Dear Mr. Alexander: You are notified that your Bid dated May 30, 2014 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $174,350.00 for the Total Base Bid_ Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to tho attornoy listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen 8, Sondrall PA 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Visu-Sewer, Inc. (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, Chnstoph r �Long,E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steven Sondrall, City Attorney Design with community In mind VISU-SEWER , INC. W230 N4855 BETKER DRIVE PEWAUKEE, WI 53072 Phone: 262-695-2340 Fax: 262-695-2359 TO: Mr. Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 LETTER OF TRANSMITTAL June 23, 2014 REFERENCE: 2014 Sanitary Sewer Lining, City of New Hope, MN PLEASE BE ADVISED: WE ARE SENDING YOU: [x] Enclosed [ ] Under Separate cover via the following: [ ] Shop Drawings [ ] Prints [ ] Plans [ ] Specifications [ ] Copy of letter [ ] Change Order [ ] Other COPTF.S T]ATF, OR NO nr.QrYurvmrnxT A r MTrtw7 -1^r1T1 4 Executed Contract Agreements A,B 4 Executed Performance and Payment Bonds A,C 4 Certificates of Insurance A,C ACTION CODE: A — As Requested B — For Execution per Notations C — In Conformance D — Conformable E — Not Acceptable F — Resubmit Corrected Copies G — Submit Additional Copies H — Other REMARKS: Cc: SIGNED: Z14 - j "S Lisa Schulze Accounting As tant GoRwN I— JENsENt MELANIE P. PERSELLW STEVEN A. SONDRALL STAcY A. WOODS' 'Real Property Law Specialist Cerffiied By The Minnesota state Bar Association '-Liecused in Illinois/Colorado 'Qualified NeutW Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law June 26, 2014 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2014 Sanitary Sewer Lining City Project No.: 931 Our File No.: 99.10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811$ TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@ispattorneys.com personal delivery Enclosed please find four copies of the contract and bonds for the above -referenced project, as well as the Certificate of Insurance received from Visu-Sewer, Inc. All are in order from a legal standpoint. Please call me if you have any questions. Veiy truly yours, Stacy A. Woods, Assistant City Attorney, City of New Hope Enclosures cc: Jeff Sargent, Community Development Director Bob Paschke, Public Works Director Chris Long, City Engineer PAAttneneylSASl1 Client Filesl2 City of New Hope199-10030 (Public Wodcs gcneral)ILeone It< K -marl demolition pmj 893.doc July 2, 2014 Mr. Keith Alexander Visu-Sewer, Inc. W230N4855 Betker Drive Pewaukee, WI 53072 SUBJECT: 2014 Sanitary Sewer Lining - improvement project 931 At its meeting of June 9, 2014, the New Hope City Council approved the contract with your company for project no. 931 for $174,350. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Bob Paschke,director of public works Chris Long, city engineer Shawn Markham, contract manager Cary vF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 • www, ci.new-hope.mn.us City Hall: 763-531-5100 • Police (:non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 '4� CERTIFICATE OF LIABILITY INSURANCE OATE(MMI00lY4YY) 6/18/2014 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTACT � Amy Brennan R & R Insurance Services, Inc. PHONE f262)953-7160 FAX N: (262)953-1a19 1581 E Racine Avenue ADDRE .amy.brennan@rrins.com PO BOX 1610 INSURER AFFORDING COVERAGE MAIC # Waukesha WI 53186 INSURERA:The Phoenix Insurance Company 5623 INSURED INSURER s :The Charter Oak Fire Ins . * 5615 Visu-Seaver Inc INsuRERc:The Travelers Indemnity Company 5658 W230 N4855 Betker Road INSURERD:The Travelers Indemnity Company 5682 PO Box 804 INsuR1-e:The Travelers_Property Casualty 15674 Pewaukee WI 53072-0804 1 INSURER F COVERAGES CERTIFICATE NUMBER:14/15 WI Liability/BR/IM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR TYPE OF INSURANCE A R POLICY NUMBER POLICY YIYYYY POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AMAGE TO PREMISES Eaooc� occurrence) $ 300,000 A CLAIMSauIADE OCCUR TCO-5968X624-PHX-14 /1/2014 /1/2015 MED EXP (Any one person) $ 5,000, X Bikt Add'1 Ined Endt. PERSONAL &ADV INJURY $ 1,000,000 X 5,000 PD Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 2,000,000 POLICY X PRO LOC Employee BeneHls Liability $ 1,000,000 AUTOMOBILE LIABILITYOMBBINE LE D SINGLIMIT accident) 1,000,000 B X ANY AUTO T810-5968X624—COF-14 /1/2014 4/1/2015 BODILY INJURY (Per pemon) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOSX NON -OWNED AUTOS PROPERTY DAMAGE S Per accident X UMBRELLA UAB X OCCUR TSH -CUA? -5968X624 -TIL -14 /1/2014 /1/2015 EACH OCCURRENCE $ 10, 000, 000 C EXCESS U -M AB CLAIMSADE AGGREGATE $ 10,000,000 DED I X I RETENTIONS 10, 00 $ D WORKERS COMPENSATION TDTAE—UH-5968X624-14 /1/2014 9/1/2015 WCSTATU- OTH- AND EMPLDYERS'iIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE I�YIN TO—UB-5985X713-14 (AOS) *H /1/2014 /1/2015 " I N E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? I I A (Mandatory In NH) j RN—IIB-5982X298-14 (IL) /1/2014 /1/2015 E.L. DISEASE -EA EMPLOYEE $ 500,000 If yyes, describe under DESCRIPTIONOFOPERATIONSbalmy(1000000/1000000/1000000) E.L.OISEASE- POLiCYLIMIT $ 500 000 E Contractors Equipment T660 -5167x974 -TIL -14 /1/2014 /1/2015 Lessed/Rented Equipment $300,000 Bldg Risk or Installation! Any ILor-fin Transit orPro;act $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101. Additional Remarks Schedule, If more space is required) Project: 2014 Sanitary Sewer Lining. City of New Hope and Stantec Consulting Services Inc. are listed as additional insured on a primary and non-contributory basis in regards to general liability, auto liability, and umbrella when required by written contract per forms CGD246 08/05, CAT353 03/10, and CGT800. CERTIFICATE HOLDER rAlurrFl I ATlrnru SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of New Hope ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Avenue North New Hope, MN 55428 AUTHORIZED REPRESENTATIVE Thomas Scheider/AB361 ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS023(minonn1 Thp ArnRn name and Innn aro rpniaEararl marks of ArnRn Additionat Named Insureds Otey Named Lnj-,u�s. Alegi --LP V -..*u SeWer of Jjjjrjcjs, LLC "r: ,. -j _E'O?Er Of K15�1!islppz, LLC V -5u t;fWef tt Kl-lE-5vUVl UN. Malden Tocr.rc-lcyjea OFAPPINF (02=0) COPYRIGKT 2007, AMS SERVICES INC CG D2 46 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. WHO IS AN INSURED —(Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III— Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and If. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring Insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; U. The names and addresses of any injured persons and witnesses; and M. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and R. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable_ c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claire or defense against the "suit", and otherwise comply with all policy conditions_ d) The additional insured must tender the defense and indemnity of any claim or "suit" to any Provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph S. above. 5. The following definition is added to SECTION V. —DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG 02 46 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages_ Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. 13LANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE —INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision I$ afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL. DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LUSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION Il — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" Any person or organization who is required under name, with your permission, while performing duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 0310 0 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 000262 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COW ERAG E: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of ball bonds (in- cluding bonds for related traffic law viola- tions) required because of an 'accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of eamings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COW ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (S) Anywhere in the worid, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction; for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without.a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (�if you are a limited liability company) or members of their house- holds, (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle ettle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "Insured" will make, any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or . in the settlement of, any claim or "shit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of'SEC- TION 11— LIABILITY COVERAGE. (v) We will reimburse the "Insured" for the reasonable expenses Incurred with our consent for your investiga- tion crf such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used ,up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 0 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with its perrniselon. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired -or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The fallowing is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident", I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto" No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is adged to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A."l.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive" prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (If you are a partnership); (C) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 ®2DID The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services office, Inc. wfth ft permission, 11 L. -A 11 COMMERCIAL AUTO M.. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error inr any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 0 2010 The Travelers Indemnity Company. CA T3 53 03 10 includes copyrighted material of Insurance Services Office, Inc. with its permission. UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — OTHER INSURANCE — PERSONS OR ORGANIZATIONS FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS L.IAHILITY (UMBRELLA) INSURANCE The fotlovuing is added to paragraph 10. OTHER INSURANCE of SECTION IV— CONDITIONS: However, for any person or organization that qualifies as an insured under paragraph 2. L of SECTION II -- WHO IS AM INSURED, if the written contract in which you have agreed to provide insurance for that person or organization specifically requires that this insurance apply on a primary or a primary and non-contributory basis, this Insurance will apply as'If other insurance available to that person ororganization which covers that person or Organization as a named insured does not exist and we will not share with that other insurance, But, this insurance stilt is excess over any other valid and collectible insurance, whether such insurance is stated to be primary, contributing, excess, contingent or otherwise, as respects the "auto hazard' or that is available to that person or organization when that person or organization is an additional insured under such other insurance. 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Long Date: May 16, 2014 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS ® 2014 Stantec 1 193802710 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 0031 00 Available Project Information 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 2000 Price and Payment Procedures 01 31 00 Project Management 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 7000 Execution Requirements Division 02 to 29 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 to 32 - Not Used Division 33 - Utilities 3301 38 Pipe Rehabilitation by Cured -in -Place Pipe (CIPP) 33 08 31 Sanitary Sewer Televising, Cleaning and Inspection Division 34 to 35 - Not Used PROCESS EQUIPMENT SUBGROUP Division 40 to 49 - Not Used FIGURES Figure 1 -- Project Location Figure 2 & 3 - Sanitary Sewer Lining Plan END OF SECTION 0 2014 Stontec , 193802710 TABLE OF CONTENTS 0001 10-1 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 10:00 A.M., CDT, Friday, May 30, 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: 22014 Sanitary Sewer Lining - CRY Prolect No. 931 In general, Work consists of rehabilitation of approximately 7,825 feet of sanitary sewer by installing cured in-place liner. Complete digital Bidding Documents are available at www,rtuestcd.i.com for $20 by inputting QyestCDN eBidDoc #3286724 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 ) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota 92014 Stantec 193802710 ADVERTISEMENT FOR BIDS 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 QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Eiectronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bidding Documents 0 2014 Stantec 193802710 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 Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. 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. © 2014 Stantec 193802710 INSTRUCTIONS TO BIDDERS 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 of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly 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; INSTRUCTIONS TO BIDDERS 0 2014 Stantec 193802710 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 prices) 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 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. ARTICLES - 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. 0 2014 5tantec 193802710 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 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or - equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Hate 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 INSTRUCTIONS TO BIDDERS ® 2014 Stantec J 193802710 0021 13-5 Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president ora vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and a -mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 0 2014 Stantec 193802710 13-6 13.1 1 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; 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 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 same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids maybe withdrawn after Bid Opening only in accordance with the law. 0 20T 4 Stantec 193802710 00 21 13.7 iii 1 it r� i Closedircuit Television Inspection 16291 6areline Ave. Sha6poe, AAN 55379 452.4.45.3173 Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total i..enuth New Hope 029 B137 B136 9 x Vitrified Clay Pipe 295 Surveyor's Name Certificate Number Street Address Location Details 8 Kerry Blaisdell 04-6751 55Th. Ave. North 7 to 5 Minor roots at joint. Direction Purpose Weather Date Sewer Use Length Surveyed Downstream Routine Assessment Dry 07/27/2011 _ Sanitary 295 �ci;�3ilaru�al Ora�c�,rui9; � RFC Roots, Fine: Connection 10 15% roots at service connection. B137 Ftg. Code Description Position Comment 0.0 AMH Access Point - Manhole Begin Inspection 0.2 MWL Water Level V4.0 FC Fracture Circumferential 8 to 5 V 48.1 CL Crack Longitudinal 4 69.4 CL Crack Longitudinal 7 73.0 CL Crack Longitudinal 8 - - 88.5 RFJ Roots. Fine: Joint 7 to 5 Minor roots at joint. - 98.6 TFC Tap, Factory Made: Capped 2 100.3 TFA Tap, Factory Made: Active 10 100.3 RFC Roots, Fine: Connection 10 15% roots at service connection. 100.3 RFJ Roots, Fine: Joint 12 to 5 199.5 TFC Tap, Factory Made: Capped 2 292.6 CC Crack Circumferential 10 to 9 293.1 MGO General Observation Appears to be a inside drop center of manhole is 295 B136 feet 295.0 AMH Access Point - Manhole End Inspection. Generated on Friday, 10/7/2011 at 11:33 AM by the PipeTech® N inspection system. v1 p Kq:. SP653 Closed Circuit Television n Inspection 162 8 T Ba seliha Ara. Shakopee, MN 55279 952.A45.3173 Iv =►_�ey. �SS� PianK.wY. 0.997 Customer Pipe Segment Ref. Upstream MH_ Downstream MH Size Material Total Length New Hope 0653 A95 A95A 9 Vitrified Clay Pipe. 233 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Surveyed Downstream '', Routine Assessment Dry 06/26/2012 Sanitary 233 Additional Information Map A A95 Ftg. Code Description Position Comment 0.0 AMH Access Point - Manhole Begin inspection. 0.0 MWL Water Level TFC V2.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 14.9 DAGS Deposits Attached: Grease 4 to 8 16.3 TFA Tap, Factory Made: Active 2 y 74.0 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 75.5 TFA Tap, Factory Made: Active 12 87.9 TFC Tap, Factory Made: Capped 10 87.9 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 90.0 TFC Tap, Factory Made: Capped 2 102.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 102.5 ID Infiltration - Dripper 11 to 1 About 112 gallon per minute. 110.8 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 110.8 ID Infiltration - Dripper 11 to 1 119.1 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. A95A 155.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits atjoint. 169.3 TFC Tap, Factory Made: Capped 2 191.9 TFC Tap, Factory Made: Capped 10 233.0 AMH Access Point- Manhole End Inspection. Generated on Tuesday, 8/7/2012 at 01:10 PM by the PipeTech@ TV inspection system. i'•r't3Y �'wi.' j':.4ir'.'i� v Closed Circuit Television Inspection 162'8 1 Ra s4m Ave. "0'0pae, MN 55379 952.4.45.3173 Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length� New Hope 0652 A95A A84 9 Vitrified Clay Pipe:: 216 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Strlrveed Downstream Routine Assessment Dry J 06/26/2012 Sanitary _. 216 Additional Information Map A A95A Ftg. Code Description Position Comment 0.0 AMH Access Point- Manhole Begin inspection. 0.0 MWL Water Level v 9.5 TFC Tap, Factory Made: Capped 2 V A84 51.9 TFC Tap, Factory Made: Capped 10 01.5 DAE Deposits Attached: Encrustation 7 to 5 M'.neral deposits at joint. 82.4 TFA Tap, Factory Made: Active 2 161.6 TFA Tap, Factory Made: Active 2 216.0 AMH Access Point - Manhole End Inspection. Generated on Tuesday, 8/7/2012 at 01:10 PM by the PipeTech@)TV inspection system. Closed Cil"cult Television Inspection 182$1 Bauekm Ave. Shakopee, MN.55379 952.44.5.3173 Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length New Hope 0$54 A95B A95 9 i Polyvinyl Chloride 448 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Lenoth Surveyed Downstream Routine Assessment D 06/26/2012 Sanitary 335 Additional Information Map A 11 A95B Ftg. Code Description Position Comment 0.1 AMH Access Point -Manhole Begin inspection. 0.8 MWL Water Level A95 37.3 TFC Tap, Factory Made: Capped 4 132.4 TFA Tap, Factory Made: Active 2 152.8 MCU Camera Underwater 252.0 MWL Water Level The water level is dose to 100% not sure if sag or just a lot of water. At high flow this pipe must be max. 335.0 AMH Access Point- Manhole End Inspection. Generated on Tuesday, 817/2012 at 01:33 PM by the PipeTech@ TV inspection system. NMI— PoPE SitfMCORMIClosed Ciml-mat Television Inspection 1 &2 8I' Ba sglifie Ave. ShalcopQQ, MN 55319 952.44S.3173 y ii.�1 j-�L a'{c."'1F: Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length New Hope 0650 A100 A101 8 Vitrified Clay Pipe 248 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Research Center Road Direction Purpose Weather Date Sewer Use Length Surveyed Downstream Routine Assessment Dry 06/26/2012 Sanitary 248 _ Additional Information Map A A100 Ftg. Code Description Position Comment 0.0 AMH Access Point - Manhole Begin inspection. . 0.0 MWL Water Level y 5.5 TFC Tap, Factory Made: Capped 10 7.7 TFC Tap. Factory Made: Capped 2 13.3 DAE Deposits Attached: Encrustation 11 to 4 Mineral deposits at joint. 45.0 MWLS Water Level: Sag About 2 inches of water to 248 feet. CI A101 77.9 TBA Tap, Break-in 1 Hammer: Active 10 183.4 TFC Tap, Factory Made: Capped 10 185.0 TFC Tap, Factory Made: Capped 2 248.0 AMH Access Point - Manhole End Inspection. Generated on Tuesday, 8/7/2012 at 01:09 PM by the PipeTechC TV inspection system. qp aley. SP649 1�►r � , trncClos,4d Circuit Television Inspection 162 a I Bas47- Awe. Shc6>paa, AAN 55374 452.445.3173 Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length New Hope 0649 A101 A102 8: , Vitrified Clay Pipe Surveyor's Name Certificate Number. Street Address Location Details Kerry Blaisdell 204-6751 Research Center Road Direction Purpose Weather Date Sewer Use Len th Surve ed Downstream Routine Assessment Dry 06/26/2012 Sanitary 254 Additional information Map A A101 Ftg. Code Description oai 0.0 AMH Access Point - Manhole 0.0 MWL Water Level V 27.3 MWLS Water Level: Sag 35.6 TBA Tap, Break-in I Hammer: Active 45.0 DAE Deposits Attached: Encrustation 81.7 DAE Deposits Attached: Encrustation 88.1 TFC Tap, Factory Made: Capped 90.2 TFC Tap, Factory Made: Capped - 98.6 DAE Deposits Attached: Encrustedon 106.3 DAE Deposits Attached: Encrustation 110.7 DAE Deposits Attached: Encrustation 139.3 DAE Deposits Attached: Encrustation V 156.0 DAE Deposits Attached: Encrustation 176.9 MWLS Water Level: Sag 180.8 DAE Deposits Attached: Encrustation 185.2 DAE Deposits Attached: Encrustation 241.0 DAE Deposits Attached: Encrustation 249.1 DAE Deposits Attached: Encrustation 251.6 MGO General Observation A102 254.0 DAE Deposits Attached: Encrustation Position Comment Begin inspection. About 2 inches of water to 59 feet. 2 7 to 5 ta" neral deposits at joint. 7 to 5 r.11neral deposits at joint. 10 2 7 to 5 Mineral deposits at joint. 7 to 5 Mineral deposits at joint. 7 to 5 Mineral deposits at joint. to 5 M':nerai deposits at joint. 7 to 5 Mineral deposits at joint. About 2 inches of water to 250 feet. 7 to 5 Mineral deposits at joint. 7 to 5 Mineral deposits at joint. 7 to 5 Mineral deposits at joint. 7 to 5 M`.neral deposits at joint. Inside drop, center of manhole is 254 feet. 7 to 5 Mineral deposits at joint. Generated on Tuesday, 8/7/2012 at 01:08 PM by the PipeTech@ TV inspection system. ll > s1yl v>I Closed Circuit Television tris ection 16291 Ba Salim Ave. Shalwpee, AAN 55379 952.A45.3173 Customer Pipe Seament Ref. Upstream MH Downstream MH Size Material Total Length New Hope 655 A102 A95B 10 Polyvinyl Chloride:' 125 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave Direction Purpose Weather Date Sewer Use Lenghh Surveyed Downstream Routine Assessment Dry 07/26/2012 Sanitary 125 Additional Informatlon Map A A102 Ftg. Code Description t-.:Jz 0.0 AMH Aocess Point- Manhole 0.0 MWL Water Level Y V A95B 125.0 AMH Acoess Point- Manhole Position Comment Begin inspection. End Inspection. Generated on Wednesday, 81$12012 at 10:15 AM by the PipeTecti@N inspection system. P - Closed 1 � ►1 1 t enc t Closed circuit Television inspection 16281 Ba dine Ave. Shakopee, MN 55379 952.445.3173 A103 Ftg. Code Description Position Comment -- 0.0 AMH Access Point - Manhole Begin inspection. ' 0.0 MWL Water Level 18.1 TFC Tap, Factory Made: Capped 2 A102 76.4 TFC Tap, Factory Made: Capped 10 169.7 TFC Tap, Factory Made: Capped 2 180.0 TFC Tap, Factory Made: Capped 10 212.4 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 232.8 DAE Deposits Attached: Encrustation 7 to 5 Vinerai deposits at joint. 236.7 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 246.8 TFC Tap, Factory Made: Capped 2 267.2 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 274.0 AMH Access Point- Manhole End Inspection. Generated on Wednesday, 8/8/2012 at 10:15 AM by the PipeTech® TV inspection system. Customer PiDe Searnent Ref. Upstream MH Downstream MH Size Material Total LengM New Hope 656 A103 A102 9 Vtrified Clay Pipe _ 274 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave Direction Purpose Weather Date Sewer Use Length Surveyed Downstream Routine Assessment Dry 0 712 612 0 1 2 Sanitary 274 Additional Information Map A A103 Ftg. Code Description Position Comment -- 0.0 AMH Access Point - Manhole Begin inspection. ' 0.0 MWL Water Level 18.1 TFC Tap, Factory Made: Capped 2 A102 76.4 TFC Tap, Factory Made: Capped 10 169.7 TFC Tap, Factory Made: Capped 2 180.0 TFC Tap, Factory Made: Capped 10 212.4 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 232.8 DAE Deposits Attached: Encrustation 7 to 5 Vinerai deposits at joint. 236.7 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 246.8 TFC Tap, Factory Made: Capped 2 267.2 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 274.0 AMH Access Point- Manhole End Inspection. Generated on Wednesday, 8/8/2012 at 10:15 AM by the PipeTech® TV inspection system. : II CI Closed Circuit Television Inspection 182 91 Ba sellae Ave. Shckopaa, AAN 55379 952.445.3173 Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Lenath New Hope 656 A103 A102 9 Vitrified Clay Pipe 275 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 2046751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Surveyed Routine Assessment Dry 08/02/2012 Sanitary i 9.2 Additional Information Map A A103 Ftg. Code Description 0.0 AMH Access Point- Manhole 0.0 MWL Water Level V CA Position Comment Begin inspection. 9.2 OBR Obstacle - Rocks 5 to 7 A102 9.2 MSA Survey Abandoned Rocks and gravel unable to proceed. Generated on Wednesday, 8/8/2012 at 10:16 AM by the PipeTech® N inspection system. Y p Map'V',ey. S - U -2E 5R'RV,CPS Closed Circuit Television Inspection 16181 Ba sakttie Ave. Shakopee, AAA 55379 952.445.3173 A104 Ftg. Code Description Position Comment 0.0 AMH Access Point - Manhole Begin inspection. 0.0 MWL Water Level 9.5 TFC Tap, Factory Made: Capped 2 A103 51.9 TFC Tap, Factory Made: Capped 10 81.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 82.4 TFA Tap, Factory Made: Active 2 161.6 TFA Tap, Factory Made: Active 2 216.0 AMH Access Point- Manhole End Inspection. Generated on Tuesday, 6/26/2012 at 01:23 PM by the PipeTech@ TV inspection system. k.p:�wy: is '_ 3 CustomerPipe Segment Ref. Upstream MH - Downstream MH Size Material Total Length New Hope 0657 A104 A103 9 Vitrified Clay _ 216 Pipe Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Surveyed Downstream r Routine Assessment Dry 06/26/2012 Sanitaryitary 216 Additional Information Ufin A A104 Ftg. Code Description Position Comment 0.0 AMH Access Point - Manhole Begin inspection. 0.0 MWL Water Level 9.5 TFC Tap, Factory Made: Capped 2 A103 51.9 TFC Tap, Factory Made: Capped 10 81.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 82.4 TFA Tap, Factory Made: Active 2 161.6 TFA Tap, Factory Made: Active 2 216.0 AMH Access Point- Manhole End Inspection. Generated on Tuesday, 6/26/2012 at 01:23 PM by the PipeTech@ TV inspection system. r PIPE SiER'YIC:1'" ' (...Ioser# Circuit Te}1r11'1sIol'I Inspection 161$1..Ba4T;r Ave. - Shakopee, MN 55379 452.AZ .3173 nr rr3 �. . Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length New How 657 A104 A103 9 Vitrified Clay Pipe 274 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6761 Boone Ave. North Direction Purpose Weather Date Sewer Use Downstream Routine Assessment Dry 08/02/2012 Sanitary Additional Information Map A A104 Ftg. Code Description Position Comment - 0.0 AMH Access Point - Manhole Begin inspection. 0.0 MWL Water Level 9.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 14.5 TFC Tap, Factory Made: Capped 10 14.8 OBR Obstacle - Rocks 5 to 7 ly 49.5 TF Tap, Factory Made 10 75.3 MSA Survey Abandoned Rocks in pipe unable to proceed. 75.8 OBR Obstacle - Rocks 5 to 7 A103 Generated on Wednesday, 8/8/2012 at 10:16 AM by the PipeTech® TV inspection system. k'� Yj tiz7; e, SP65 3 Closed Circuit Television Inspection 162 81 11,34ha Ave. Shakopaa, MN 55379 952.445.3173 Additional Information MaA A105 Ftg. Code Description Position Comment - 0.0 AMH Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length New Hope 0658 A105 A104 9 Vitrified Clay 233 DAGS Deposits Attached: Grease 4 to 8 16.3 Pipe Tap, Factory Made: Active Surveyor's Name Certificate Number Street Address Location Details Deposits Attached: Encrustation Kerry Blaisdell 204-6751 Boone Ave. North ID Infiltration - Dripper 11 to 1 About 112 gallon per minute. 110.8 Direction Purpose WeatherDate Mineral deposits at joint. Sewer Use Length Surveyed Downstream Routine Assessment Dry 06/26/2012 Sanitary' 233 Additional Information MaA A105 Ftg. Code Description Position Comment - 0.0 AMH Access Point - Manhole Begin inspection. 0.0 MWL Water Levef TFC V2.5 DAE Deposits Attached: Encrustation 7 to 5 l0neral deposits at joint. :14.9 DAGS Deposits Attached: Grease 4 to 8 16.3 TFA Tap, Factory Made: Active 2 v 74.0 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 75.5 TFA Tap, Factory Made: Active 12 87.9 TFC Tap, Factory Made: Capped 10 87.9 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 90.0 TFC; Tap, Factory Made: Capped 2 102.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 102.5 ID Infiltration - Dripper 11 to 1 About 112 gallon per minute. 110.8 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 110.8 ID Infiltration - Dripper 11 to 1 119.1 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. A104 155.5 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 169.3 TFC Tap, Factory Made: Capped 2 191.9 TFC Tap, Factory Made: Capped 10 233.0 AMH Access Point- Manhole End Inspection. Generated on Tuesday, 6/26/2012 at 01:12 PM by the PipeTecW TV inspection system. Closed Circuit Television Inspection 162tl Rau" AvA- 1113 `2 MN 55379 952.45.3173 —9, .n r Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length New Hope 658 A105 A104 9 Vitrified Clay Pipe 336 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Surveyed Downstream Routine Assessment Dry 08/02/2012 Sanitary 336 Additional Information Map A A105 Ftg. Code Description Position Comment a . 0.0 AMH Access Point- Manhole Begin inspection. 0.0 MWL Wafter Level Y 36.2 TPA Tap, Factory Made: Active 2 85.3 TFC Tap, Factory Made: Capped 10 92.8 DAGS Deposits Attached: Grease 4 to 8 Grease to 10 feet. 122.8 TFC Tap, Factory Made: Capped 2 186.5 TFC Tap, Factory Made: Capped 10 188.0 TFA Tap, Factory Made: Active 2 263.2 TFC Tap, Factory Made: Capped 2 285.6 TF Tap, Factory Made 10 331.0 DAE Deposits Attached: Encrustation 7 to 5 ;vlineral deposits at joint. 333.9 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. A104 336.0 AMH Access Point- Manhole End Inspection. Generated on Wednesday, 8/8/2012 at 10:17 AM by the PipeTechV TV inspection system. r'es[ri�se�r.� Illi i Rvie �i�lic 162 TT $a sere Ave. Shakopee, MN 55379 452.445.3173 Customer Pipe Segment Ref. dpst am MH Downstream MH Size Material Total Length New Hope 0659 A106 A105 8 Vitrified Clay Pipe 335 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Len rve h Sued Downstream Routine Assessment Dry 06/26/2012 1 Sanitary 124 Additional Information Map A A106 Ftg. Code Description Position Comment w_ 0.0 AMH Access Point - Manhole Begin inspection. 0.0 MWL Water Level V 4.7 DAGS Deposits Attached: Grease 4 to 8 Grease to 10 feet. 23.2 TFC Tap, Factory Made: Capped 10 23.6 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at joint. 23.6 ID Infiltration - Dripper 11 to 1 Less than 112 gallon per minute. 69.6 TFC Tap, Factory Made: Capped 2 V 72.0 DAGS Deposits Attached: Grease 4 to 8 Grease to 76 feet. 86.2 DAGS Deposits Attached: Grease 4 to 8 120.9 MWLS Water Level: Sag About 2 - 3 inches of water. 124.0 TFA Tap, Factory Made: Active 10 A105 124.0 MSA Survey Abandoned Heavy grease unable to proceed. Generated on Tuesday, 8/7/2012 at 01:39 PM by the PipeTeeh® TV inspection system. PIPE SERVICF!% Closed 16281 Ba selene Ave Shakopee, MN 55379 952.Ad5.3173 Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Length 1 New Hope 659 A106 A105 9 Vitrified Clay Pipe 335 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Surveyed Downstream Routine Assessment Dry 08/02/2012 Sanitary 283.1 Additional Information Map A A106 Ftg. Code Description Position Comment 0.0 AMH Access Point - Manhole Begin Inspection. 0.0 MWL Water Level 20.7 TFC Tap, Factory Made: Capped 10 20.7 DAE Deposits Attached: Encrustation 7 to 5 Mineral deposits at jc'.nt. V 66.7 TFC Tap, Factory Made: Capped 2 90.9 DAE Deposits Attached: Encru_tation 7 to 5 Mineral deposits at joint. 121.4 TFA Tap, Factory Made: Active 10 144.4 TFA Tap, Factory Made: Active 2 193.2 DAGS Deposits Attached: Grease 4 to 8 213.0 DAE Deposits Attached: Encrustaton 7 to 5 Mineral deposits at joint. 221.4 TFA Tap, Factory Made: Active 2 232.9 DAE Deposits Attached: Enc rust3tion 7 to 5 Mineral deposits at joint. 250.8 DAGS Deposits Attached: Grease 4 to 8 Grease to 10 feet. 282.9 OBR Obstacle - Rocks 5 to 7 A105 283.1 MSA Survey Abandoned Rock unable to proceed. Generated on Wednesday, 8/8/2012 at 10:17 AM by the PipeTec h@ TV inspection system. a Al 16281 Baseline Ave. Shakopee, AAN 55379 952.A4S.3173 A106 Ftg. Code Description Position Comment .s 47.8 MSA Survey Abandoned Rock unable to proceed. 47.8 OBR Obstacle - Rocks 5 to 7 A 11: v 23.5 DAGS Deposits Attached: Grease 4 to 8 Grease to 10 feet. 12.1 TFA Tap, Factory Made: Active 2 0.1 MWL Water Level 0.0 AMH Access Point- Manhole Begin inspection. A105 Generated on Wednesday, 8/8/2012 at 10:18 AM by the PipeTech®TV inspection system. Customer Pipe Segment Ref. Upstream MH Downstream MH Size Material Total Lenoth New Hope 659R A106 A105 9 Vitrified Clay Pipe 335 Surveyor's Name Certificate Number Street Address Location Details Kerry Blaisdell 204-6751 Boone Ave. North Direction Purpose Weather Date Sewer Use Length Survey Upstream Routine Assessment Dry08/02/2012 Sanitary 47.8 Additional Information Map A A106 Ftg. Code Description Position Comment .s 47.8 MSA Survey Abandoned Rock unable to proceed. 47.8 OBR Obstacle - Rocks 5 to 7 A 11: v 23.5 DAGS Deposits Attached: Grease 4 to 8 Grease to 10 feet. 12.1 TFA Tap, Factory Made: Active 2 0.1 MWL Water Level 0.0 AMH Access Point- Manhole Begin inspection. A105 Generated on Wednesday, 8/8/2012 at 10:18 AM by the PipeTech®TV inspection system. BIDDER: --I kSU-'S1r-b&LR Th1.f- DOCUMENT 00 41 10 BID FORM 2014 SANITARY SEWER LINING CITY PROJECT NO. 931 STANTEC PROJECT NO. 193802710 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indcated 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: 8. 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 familiarwith 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 for 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 orwhich relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs Incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated In the Bidding Documents. 0 2014 Siantec 119380271 D 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. 1. 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. r. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prlce(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item knits Qty Unit Price Total Price BASE BID �/��n 1 MOBILIZATION LS 1 $ 0 $, /d 00-W 2 TRAFFIC CONTROL LS I $ 100-A9 $ j- --• 3 BYPASS PUMPING LS 'I $ZO-D—.vD $��D 4 SEWER REHABILITATION WITH CIPP, 9" LF 7,825 $Q&, 00 $tea, 15D 06 TOTAL BASE BID $�-��•�� C 2014 Stantec 1 193802710 0041 10-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.E of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be staled in the Agreement. 7.01 The €ol€owing 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 M .3a 2014. Corporation Name: V j SLi-�!L�f E R� SJ.� C . (SEAL) State of Incorporation:. Type (General Business. ProfesSiondl, Service, Limited Liability): GEMEIR RL 1 iStiaESS By: ax/z "'x=_ "( nature) Name (typed or p(nted): KELT" h)nE2 Title:S l DEu-i Attest {CORPORATE SEAL) (signature of Corporate secretary) �R $ S. SEIFtKET1C1{, CORPORATE SEC1LF_TRgL1 Business Street Address (No P.O. Box *s): Phone No. Z O Fax No.: (2.La) 6CLS-2.359 02014Stanisc 193802730 004110-3 BID FORM Merchants Bonding Company Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Visu-Sewer, Inc., W230 N4855 Betker Drive„ Pewaukee, WI 53072 as Principal, hereinafter called the Principal, and Merchants Bonding Company a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE as Obligee, hereinafter called the Obligee, in the sum of FIVE Percent of Amount of Bid ---------------------------------------Dollars ($ 5 %), for the payment of which sum well and truly be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2014 SANITARY SEWER LINING CITY PROTECT NO. 931 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30TH day of MAY 2014 (Witness) James S. Serketich, Corporate Secretary Visu-Sewer. Inc. (Principal) (seal) Keith M. Alexanderbr PresidEnt (Title) Merchants Bonding Company (Surety) Debbra A. Hinkes, MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC„ both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companirs do hereby make, constitute and appoint, Individually, Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli Of New Berlin and State of Wisconsin their true and lawful Attorney -in -Fact. with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and oonfinyied. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authorily to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electron lc transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of December, 2013 . STATE OF IOWA COUNTY OF POLK ss. �O,:O�P�R•O.gy: +Gl;y► +fi: r • 1933 ; e' y ' MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By ;;5� President On this 3rd day of December . 2013. before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NA;T40NAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof. I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT�� Commission Number 770312 • ow My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seat of the Companies on this it day of Min , 2n14 - Ly I � ✓�OlrrOs ;xe]� xG`�3 r•r� POA 0014 (11111) Secretary Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Feb -13 8" 415 Rush City, MN City of Rush City Todd Stelmacher 325 S Eliot Avenue VisuSewer, Inc. 13034M Rush City, MN 55089 3155 -104th Lana NE Ray Benolkan Blaine, MN 55449 320-356-3142 (763) 252-0004 (763) 252-0008 fax Feb -13 8" 4,650 Humboldt, IA City of Humboldt John Nelson 12" 200 P O Box 529 Visu-Sewer, Inc. 13036M Humboldt, IA 50548 W230 N4856 Betker Drive Clint Fishel Pewaukee, Wl 53072 515.332-1006 (262)695-2340 (262) 695-2359 fax Feb -13 10" 2,000 Trailer Park in La Crosse, WI City of LaCrosse Shaun Ritter 400 LaCrosse Street Visu-Sewer, Inc. 13041M LaCrosse, WI 54601 W230 N41155 Betker Drive Scott Dunham Pawaukee, WI 53072 City Project Manager (262) 695-2340 608-789-7505 (262) 695.2359 fax Mar -13 B" 1,440 St. Charles, MN City of St. Charles John Nelson 830 Whitewater Avenue Visu-Sewer, Inc. 13025M St. Charles, MN 55972 W230 N4955 Betker Drive Kyle Karger Pewaukee, Wt 53072 507-932-3020 (262)695-2340 (262) 695-2359 fax Mar -13 8" 320 Brownsdale, MN City of Brownsdale Todd Stelmacher clo City Hall VisuSewer, Inc. 13051M Brownsdale, MN 55918 3155 -104th Lane NE Greg Pfeifer Blaine, MN 55449 507-567-2177 (763)252-0004 507-438.5037 mobile (783) 252-0008 fax Mer -13 8" 1,147 Stanley, WI City of Stanley Ron Fenney P O Box 112 Visu-Sewer, Inc. 13056M 116 E Third Avenue 3155 -104th Lane NE: Stanley, WI 54768 Blaine, MN 55449 Dan Maneer (763) 252-0004 715-044.5519 (763) 252-0008 fax Apr -13 9" 1,488 Edina, MN Northwest Asphak Inc. Ron Fenney 1451 Stagecoach Road Visu•Sewer, Inc. 13060M Shakopee, MN 55379-2797 3155 -104th Lane NE supt. Ray Hawkinson Blaine, MN 55449 952-292-8439 (888)876•B478 (763) 252-0008 fax Apr -13 9' 3,515 Edina, MN Palda and Sons, Inc. Ron Fenney 18" 290 1462 Dayton Avenue Visu-Sewer, Inc. 13061M St. Paul, MN 55104 3155 -104th Lane NE Tony Deutsch Blaine, MN 55449 651-644-1604 (888) 876.8476 (763) 252-0008 fax Apr -13 8" 2730 Tiffin, IA City of Tiffin John Nelson, Jr P O Box 259 Visu-Sewer, Inc. 13063M Tiffin, IA 52340 W230 N4855 Betker Drive Brett Mahman Pawaukee, WI 53072 319-545.2572 (262)695-2340 (262) 695-2359 Fax May -13 9" 1,640 Burnsville - Friendship Area, MN McNamara Contracting, Inc. Ron Fenney 16700 Chippendale Avenue Visu-Sewer, Inc. 13115M Rosemount, MN 55068 3155 -104th Lane NE Dale Boehne Blaine, MN 55449 612-366-3307 cell (888) 876-8478 651-322-5500 office (763) 252-0008 fax Page 1 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing May -13 8` 475 Luck, WI Village of Luck Randy Belanger 401 Main Street Visu-Sawar, Inc. 13111M Luck, WI 5M3 W230 N4855 Betker Drive Seth Peterson Pewaukee, WI 53072 715.472-2038 (282)695.2340 5262 696.2359 Fax May -13 Tonka Bay, MN Tonka Bay/Excelslro do WSB & Assoc Ron Fenney 477 Temperance Street Visu-Sewer, Inc. 13113M St Paul, MN 55101 3155 -104th Lane NE Justin Messner/Tonks Bay-Excelclor Blaine, MN 55449 651-286-8465 (886) 876.8478 763 252-0008 fax May -13 8" 2249 Elk River, MN City of Elk River Todd Stelmacher 248 Railroad Drive Vlsu-Sewer, Inc. 13133M Elk River, MN 55330 3155 -104th Lane NE Mid JOB Blaine, MN 55449 763.252-0004 763-252-0008 Fax May -13 8" 3660 Lauderdale, MN City of Lauderdale Todd Stelmacher 15" 1039 1891 WelnutSbeet Vlsu-Sawar, Inc, 13140M Lauderdale, MN 55113 3155 -104th Lane NE MN JOB David Hinrichs Blaine, MN 65449 651-792-7650 763-252-0004 763-252-DOOB Fax May -13 42" 106 Jordan, MN SM Hentges & Sons Inc Todd Stelmacher 650 Quaker Avenue Visu-Sewer, Inc. 13143M Jordan, MN 55352 3155 -104th Lane NE MN JOB Btalne, MN 55449 763-252-OD04 763-252-0008 Fax JUI-13 B' 5,535 Slue Earth, MN Ulland Brothers, Inc. Randy Belanger 10" 879 2400 Myers Road Visu-Sewer, Inc. 13175M Albert Lea, MN 55426 W230 N4855 Balker Drive Tony Mason (Ulland Brothers) Pewaukee, WI 53072 507-373-1980 (262) 696-2340 (262)695-2359 Fax Jul -13 8" 4,715 Lakeville, MN Northwest Asphalt, Inc. Todd Stelmacher 1451 Stagecoach Road Visu-Sewer, Inc, 13136M Shakopee, MN 55379-2797 3155 -104th Lane NE Tyler Enright Blaine, MN 55449 952-746-5443 763.252-0004 763-252-0008 Fax Jul -13 8" 4,263 City of Orono, MN City of Orono Randy Belanger 2760 Kelley Parkway Viau-Sewer, Inc. 13179M Orono, MN 55356 W230 N4855 Balker Drive Ken Adolf (Bolton & Monk) Pewaukee, WI 53072 952-448-8838 (262) 695.2340 (282) 695-2359 Fax Jul -13 8" 2,600 Golden Valley, MN Valley Paving Inc Todd Stelmacher 8800 13th Avenue Fast Visu-Sewer, Inc. 13218M Shakopee, MN 55379 3155 -104th Lane NE Charlie Borene Blaine, MN 55449 952-445-8815 763-252-0004 763-252-0008 Fax Page 2 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Aug -13 8" 1640 City of Ashland, WI Pember Companies Randy Belanger 18" 387 N4449 469th Street Visu-Sewer, Inc. 13176M Menomonie, MN 54751 W230 N4855 Betker Drive Eric Pember Pewaukee, WI 53072 mobile 715-556-0601 (262) 695-2340 (262)695-2359 Fax Aug -13 24" 428 City of New Ulm, MN M.R. Paving & Excavation, Inc. Randy Belanger 100 N. Front Street Visu-Sewer, Inc. 13177M New Ulm, MN 56073 W230 N4855 Betker Drive Tony Borden Pewoukee, WI 53072 507-359-6755 (262)695-2340 (262)695-2359 Fax Aug -13 8" a00 Lester Prairie, MN City of Lester Prairie Todd Stelmacher 10" 671 37 Juniper Street North Visu-Sewer, Inc. 13250M Lester Prairie, MN 55354 3155 -104th Lane NE Greg Mueller Blaine, MN 55449 320-224-1195 763-252-0004 763-252-0008 Fax Aug -13 9" 6,172 Proj. #1921 City of New Hope Patrick Dunigan Aquila Ave. & 28th Ave. 4401 Xylon Avenue North Visu-Sewer, Inc. 13240M Now Hope, MN New Hope, MN 55248 W230 N4855 Betker Drive Chris Long - Stantec Pewaukee, WI 53072 651-604-4808 (262)695-2340 262) 695.2359 Fax Aug -13 8" 990 Cornell, WI City of Cornell Todd Stelmacher 300 Park Road Visu-Sewer, Inc. 13267M Cornell, WI 54732 3155 -104th Lane NE John Westaby Blaine, MN 55449 715-239,3717 763-252-0004 763.252.0008 Fax Aug -13 12" 306 Burnsville, MN City of Burnsville Todd Stelmacher 100 Civic Center Parkway Visu-Sawer, Inc. 13284M Burnsville, MN 55337-3817 3155 -104th Lane NE Sdan Connolly Blaine, MN 55449 651-336-2016 mob 763-252-0004 763-252-0008 Fax Sep -13 6" 309 Tayk3rs Falls, MN City of Taylors Falls Todd Stelmacher &" 1,102 637 First Street VlsuSewer,Im 13294M Taylors Falls, MN 55084-0241 3155 -104th Lane NE Mike Kria Blaine, MN 55449 651-465-5133 x 32 763-252-0004 763 -252 -OMB Fax Sep -13 10" 290 Osseo, MN City of Osseo Patrick Dunigan 12" 292 415 Central Avenue Visu-Sewer, Inc. 13328M Osseo, MN 55369 W230 N4855 Betker Drive KevinBittner- Engineer Pewsukee,WI 53072 763-433-2851 axL 2362 (262) 695-2340 (262)695-2359 Fax Page 3 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Oct -13 8" 2,501 St Paul, MN City of St Paul Keith Alexander 10" 5,520 25 West 4th Street - 700 City Hall Visu-Sewer, Inc. 13339M 12" 13,984 St. Paul, MN 55102.1660 W230 N4855 Betker Drive 15" 4,894 Pat Lowery -6124319-4568 Pewaukee, WI 53072 18" 5,045 (262) 695-2340 21" 1,839 (262) 695-2359 Fax 24" 1,296 27" 565 W. 526 36" 274 Oct -13 9" 1,033 St. Louis Park, MN City of St. Louis Park, MN Curt Hoffart 12" 292 5005 Minnetonka Boulevard VisuSewer, Inc. 13W6M 16" 551 St. Louis Park, MN 55416.2290 W230 N4855 Betker Drive Kyle Johnons Pewaukea, WI 53072 612-756-4339 (262) 695-2340 (262)695-2359 Fax Nov -13 8" 2,021 River Falls, WI City of River Falls, WI Otk Hoffart 222 Lewis Street VlsuSewer, Inc. 13377M River Falls, WI 54022 W230 N4855 Betker Drive Jeremy Frelharnmer Pewaukee. WI 53072 715-426-3410 (282) 695-2340 (262)695-2359 Fax Dec -13 6" 320 Albert Lea, MN City of Albert Lea Todd Stelmacher 10` 878 414 Commercial Street VisuSawer, Inc. 14004M Albert Lea, MN 56007 3155 -104th Lane NE Brad Pirsig (City) Blaine, MN 55449 507-3774377 763-2''52-0004 763-252-0008 Fax Jan -12 9" 4,306 City of St Louis Park, MN City of St. Louis Park Dave Alexander 5005 Minnetonka Blvd, Visu-Sewer, Inc. 12001 M St Louis Park, MN 55416-2290 W230 N4855 Betker Drive Jim Olsen Pewaukee, WI 53072 952-924-2552 (262)595-2340 262 695-2359 Fax Jan -12 8" 1,000 City of Barron, WI City of Barron Justin Leszczynski 1456 East LaSalle Avenue Viau-Sewer, Inc. Barron, WI 54812 W230 N4855 Betker Drive 12003M Mike Ramsos Pewaukee, WI 53072 715 -5375747 -office (262) 695-2340 715-418-1846 calf 262 895-2359 Fax Jan -12 W 179 Various City of Moorhead. MN Justin Leszczynskl 12" 292 Moorhead, MN P. 0. Box 779 Vlsu-Sewer, Inc. 12004M 14" 380 Moorhead, MN 56561 W230 N4655 Balker Drive Jody Bertrand Pevraukee, WI 53072 218-299-5388 (262) 695-2340 (262) 695-2359 Fax Jan -12 W 1,821 Rochester, MN City of Rochester Shaun Ritter 10" 753 201 41h Street SE VlsuSawer, Inc. 11383M 12" 35 Rochester, MN 55904-3742 V 230 N4855 Betker Drive Dean Koutzoukos Powaukee, WI 53072 607-328-2400 (282) 895-2340 (262) 695-2359 Fax Page 4 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jan -12 12' 1,460 Fosston, MN Gladen Constructlon, Inc. Todd Stelmacher 15' 1,460 40739 US 71 VisuSewer, Inc. 12029M Laporte, MN 58461 7905 Beech Street N E Greg Hall - Giaden Construction Fridley, MN 55432-1762 218-224-2237 (763)252-0004 (763)252-0008 Fax Feb -12 8' 2,690 Owatonna, MN City of Owatonna Ron Fenney 540 Wast Hills Circle Visu-Sewer, Inc. 12D45M Owatonna, MN 55080-4794 7905 Beech Street N E Dean Nelson Fridley, MN 55432-1762 507-444-2452 (763)252-0004 (763)252-0008 Fax Feb -12 8" 5,384 Buffalo, MN RL Larsen Excavating, Inc. Dave Alexander 225512th Street SE VisuSewer, Inc. 12048M St. Cloud, MN 56304-9075 W230 N4855 Betker Drive Doug Moen Pewaukee, WI 53072 320-654-0709 (262) 695-2340 (262) 695-2359 Fax Mar -12 6" 330 Hamilton, IA - Beads Lake Park Iowa Dept of Natural Resources Shaun Ritter 8" 3,125 502 E 9th Street VisuSewer, Inc. 12047M Des Moines, IA 50319 W230 N4855 Becker Drive Don Labate, P.E. DNR Peweukee, WI 53072 515-250-3714 (cell) (262) 695-2340 ,(262) 695.2359 Fax Mar -12 6' 212 Roseville, MN City of Roseville Shaun Ritter 8' 19,335 2660 Civic Center Drive VisuSewer, Inc. 12077M 10" 187 Roseville, MN 55113 W230 N4655 Betker Drive 12" 1,150 Kristine Glga Pewaukee, WI 53072 651-792-7046 (262)695-2349 (262)695-2359 Fax Mar -12 8" 200 North St. Paul, MN Geislinger & Sons Inc. Shaun Ritter P O Box 347 Vi5u-Sewer, Inc. 12059M Watkins, MN 55389 W230 N4855 Betker Drive Jeff Geislinger - Project Manager Pawaukee, WI 53072 32D-764-2006 (262)695-2340 (262)695-2359 Fax Mar -12 12" 940 Golden Valley, MN Brock School Ron Fenney 123 Ottawa Avenue North Visu-Sewer, Inc. 12074M Minneapolis, MN 55422-5189 7905 Beech Street N E Paul Blasi Fridley, MN 55432-1762 763.381-8242 (763)252.0004 (763) 252.0008 Fax Apr -12 8" 8200 Huron, SD City of Huron Shaun Ritter 8" add on 4500 239 Wisconsin Avenue SW 10" 428 Huron, SD 57350 VlsuSewer, Inc. 12084M 12" 441 tyle Zell Asst. City Engineer W230 N4855 Batker Drive 15" 550 605-353-8510 Pewaukes, Wi 53072 18" 2030 (262)695-2340 20" 866 262) 695.2359 Fax Apr -12 8" 2200 Rogers, MN City of Rogers Shaun Ritter 22350 South Diamond Lake Road Visu-Sewer, Inc. 12085M Rogers, MN 55374 W230 N4855 Betker Drive John Seifert, Pub Wks Superintendent Pewaukee, WI 53072 763-428-8580 (262)695-2340 (262) 695-2359 Fax Page 5 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Apr -12 B" 465 Wheaton, MN R&R Excavating, Inc. Shaun Ritter 15" 345 1149 Hwy 22 S Visu-Sewer, Inc. 12097M 18" 1474 Hutchinson, MN 55350 W230 N4855 Becker Drive Gunnar Smith Pewaukee, WI 53072 320.587-M18 (282) 696.2340 (282) 895-2359 Fax Apr -12 6" 200 Bridgewater, SD Prunty Construction Company, Inc. Dave Alexander 12" 1,464 3120 hwy 14 Bypass Visu-Sewer, Inc_ 12114M Brookings, SD 57006 W230 N4855 Balker Drive Steve Prunty Pewaukee, WI 53072 605-693~1'511 (262) 695-2340 (262) 695-2359 Fax Apr -12 Ir 398 South Side of Main Street City of Stockton Todd Stelmacher Stockton, MN 8600 D Street Visu-Sewer, Inc. 12115M Stockton, MN 55986 7905 Beech Street N E Chad Larson - Dir of Pubt Wks Fridley, MN 55432-1762 507-689-2005 (763)252-0004 (763) 252-0006 Fax May -12 9" 759 Edina, MN Northwest Asphalt Inc. Todd Stelmacher 1451 Stagecoach Road Visu-Sewer, Inc. 12158M Shakopee, MN 55379-2797 7905 Beech Street N E Supt - Ray Hawkinson Fridley. MN 55432-1762 952-292-8439 (763) 252-0004 (763) 252-0008 Fax May -12 8" 1,964 Taylors Falls, MN City of Taylors Fags Todd Stelmacher 637 First Street Visu-Sewer, Inc. 12164M Taylors Falls, MN 550B4 7905 Beech Street N E BIII Neska - P W Supt Fridley, MN 55432-1762 651-465-6133 x25 (783) 252-0004 (763) 252-0008 Fax May -12 r 1,962 St Charles, MN City of St. Charles Todd Stelmacher 830 Whitewater Avenue Visu-Sewer, Inc. 12169M St Charles, MN 55972 7905 Beech Street N E Kyle Karger - P.W. Supt Fridley, MN 55432-1762 507-932-3020 (763)252-0004 (783) 252-0008 Fax Jun -12 12" 450 Northfield, MN Heselton Construction Todd Stelmacher P O Box 246 VisuSewer, Inc. 12170M Faribault, MN 55021 7905 Beech Street N E Thomas Gorman - Proj Mgr Fridley, MN 55432-1762 507-3343901 (763) 252-0004 (763) 252-0008 Fax Jun -12 8" 275 New Germany, MN Wm Mueller & Sons Inc. Todd Stelmacher P. O. Bort 246 Vlsu-Sewer, Irtc. 12177M Hamburg, MN 55339 7905 Beach Street N E Brad Droage Fridley, MN 55432-1762 952-467-2720 (763) 252-0004 (763) 252-0008 Fax Jun -12 8` 1,800 Caledonia, MN City of Caledonia Shaun Ritter 10" 300 231 E Main Street Visu-Sewer, Ino. 12180M 15" 300 Caledonia, MN 55921 W230 N4855 Balker Drive Mike Davy, P.E. Pewaukee, Wl 53072 608-7823130 (282) 695-2340 (262) 695-2359 Fax Jun -12 9" 238 St, Louis Park, MN City of St Louis Park Todd Stelmacher 7305 Oxford Street VisuSewer, Inc. 12203M St. Louis Park, MN 55420 7905 Beech Street N E Bruce Berthleume - P.W. Supt Fridley, MN 55432-1762 952-924-2693 (763) 252-0004 (763) 252.0008 Fax Page 6 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -12 18" 630 Blaine, MN City of Blaine Ron Fenney 1801 -101 st Ave NE Visu-Sewer, Inc. 12197M Blaine, MN 55449 7905 Beech Street N E Jason Sundeen Fridley, MN 55432-1762 763-2865630 cell (763) 252-0004 (763)252-0008 Fax Jul -12 8" 5,200 Mounds View, MN N. W. Asphalt, Inc. Shaun Ritter 1451 Stagecoach Road VisuSewer, Inc. 12216M Shakopee, MN 55379-2797 W230 N4855 Batker Drive Tyler Enright w) N.W. Asphalt Pewaukee, WI 53072 952.445-1003 (262)695-2340 (262) 695-2359 Fax Jul -12 8" 1,163 Callaway, MN Hough, Inc. Dave Alexander 18252 Old Pit Road Visu-Sewer, Inc. 12232M Detroit Lakes, MN 56502-0002 W230 N4855 Betker Drive Mike Hough Pewaukee, W# SW72 218-847-7391 (262)695-2340 (262)695-2359 Fax Aug -12 18" 1025 Babbit, MN Hibbing Excavating, Inc. Ron Fenney 3402 15th Avenue East Visu-Sewer, Inc. 12280M Hibbing, MN 55746 7905 Beech Street N E Brian Burtch Fridley, MN 55432-1762 218-263-7476 (763)252-0004 (763) 252-0008 Fax Aug -12 8" 1033 Wayzata, MN City of Wayzata Todd Stelmacher 299 Wayzata Blvd West Visu-Sawer, Inc. 12168M Wayzata, MN 55391 7905 Beech Street N E Jim Eibenstelner- Utilities Supt Fridley, MN 5543 2-1 762 952-404-5360 (763) 252-0004 (763)252-0008 Fax Aug -12 9" 441 Burnsville, MN Northwest Asphalt Inc. Todd Stelmacher 1451 Stagecoach Road Visu-Sewer, Inc. 12255M Shakopee, MN 55379-2797 7905 Beech Street N E Grant Boisner - Proj Mgr Fridley, MN 55432-1762 952-445-1003 (763) 252-0004 (763) 252-0008 Fax Sep -12 8" 301 Melrose, MN City of Melrose Todd Stelmacher 10' 818 116 North 8th Avenue E Visu-Sewer, Inc. 12268M Melrose, MN 56352 7905 Beech Street N E Scott Gilbertson Fridley, MN 55432-1762 320-256-1950 (763) 252-0004 763 252-0008 Fax Sep -12 8" 1400 Circle Pines, MN Redstone Construction Justin Leszczynski P 0 Box 218 Visu-Sewer, Inc. 12271M Mora, MN 55051 W230 N4855 Batker Drive Dale Pawaukee, W1 53072 320-679-4140 (262)695-2340 (262) 695-2359 Fax Sep -12 9" 1988 Mendota Heights, MN City of Mendota Heights Dave Alexander 1101 Victoria Curve Visu-Sawer, Inc. 12306M Mendota Heights, MN 55118 W230 N4855 Batker Drive Ryan Burrows Pewaukee, WI 53072 651-255-1152 (262)695-2340 (262) 695-2359 Fax Sep -12 10" 78 Bloomington, MN GF Jedlicki Inc. Ron Fenney 14203 West 62nd Street VisuSewer, Inc. 12307M Eden Prairie, MN 55346 3155 104th Lane NE Garrett Jedlicki Blaine, MN 55449 952-9347272 (763)252-0004 763 252-0008 Fax Page 7 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Oct -12 8" 1901 Burnsville, MN City of Burnsville John Nelson 10" 1254 100 Civic Center Parkway Visu-Sewer, Inc. 12315M Burnsville, MN 55337-3817 W230 N4655 Betker Drive Jeff Radick Pewaukee, WI 53072 952-895-4418 (262) 695-2340 695-2359 Fax Oct -12 8" 1,380 Albert Lea, MN Ulland Brothers, Inc. Todd Stalmacher 2400 Myers Road VisuSewer, Inc. 12229M Albert Lea, MN 56007 3155104th Lane NE Curtis Wadd Blaine, MN 55449 507-383-4986 cell (763) 252-0004 763 252-0008 Fax Dec -12 8" 4,466 Interseotion of 494 & 52 Inver Grove He%* is Justin Leszczynskl Inver Grove Heights, MN 8168 Barbara Avenue Visu-Sewer, Inc. 12353M Inver Grove Heights, MN 55077 W230 N4855 Betker Drive Jim Sweeney Pewaukee, WI 53072 651-450-4309 (262) 695-2340 (262) 695-2359 Fax Apr -11 9" 5053 Golden Valley, MN Northwest Asphalt. Inc. Shaun Ritter 1451 Stagecoach Road VlsuSewer, Inc. Shakopee, MN 55432 W230 N4855 Betker Drive Lance Guentzel Pewaukes, WI 53072 NW Asphalt Project Manager (262) 695-2340 952-445-1003 (262) 695-2359 Fax May -11 10" 130 Pioneer Rd & Harrison Street City of Red Wing Shaun Ritter 12" 2,444 Red Wing, MN 229 Tyler Road North Visu-Sewer, Inc. 15" 1,7$8 Red Wing, MN 55066 W230 N4855 Betker Drive Bob Stark, P.E. Pewaukee, WI 53072 651-385-5112 (2662)695-2340 (262) 895-2359 Fax Jun -11 8" 2,446 Byron, MN City of Byron John Nelson P 0 Box 1137 Visu-Sewer, Inc. Byron, MN 55920 W230 N4855 Betker Drive Greg Rud (City of Byron) Pewaukee, WI 53072 507-775.3410 (262)695-2340 895-2359 Fax Jun -11 W. 7100 Maple Grove, MN City of Maple Grove Alex Rossabo 36" 300 9030 Forestview Lane Visu-Sewer, Inc. P 0 Box 118 W230 N4855 Betker Drive Maple Grove, MN 55311 Pawaukee, WI 53072 Harlan Van Wyhe, PE (262) 695-2340 763-494$358 (262) 695-2355 Fax Jun -11 8" 4043 St. Paul, MN City of St. Paul Public Works Ketch Alexander 10" 4880 Division of Sewer Design VlsuSewer, Inc. 12" 7715 25 West 4th Street - 700 City Hall W230 N4855 Betker Drive 15" 4325 SL Paul, MN 55102 Pewaukee, WI 53072 18" 1435 Joe Mueller (282) 6955-2340 21" 206 651-266-6149 (262)695-2359 Fax 24' 542 30" 720 36" 1020 Jun -11 a" 820 City of Taylor Falls, MN City of Taylor Falls John Nelson 637 First Street Visu-Sewer, Inc. Taylor Fails, MN 55084 WM N4855 Balker Drive Bill Neske Pewaukee, WI 53072 651-4655133 (262)695-2340 (282) 695-2359 Fax Page 8 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -11 8" 1482 W St Paul, MN Bituminous Roadways, Inc. Keith Alexander 1520 Commerce Drive Visu-Sewer, Inc. Mendota Heights, MN 55120 W230 N4855 Betker Drive Anthony Koop Pewaukee, WI 53072 651-686-7001 (262)695-2340 262 695-2359 Fax Jul -11 8" 657 Minnetonka, MN Midwest Asphlat Corporation John Nelson 27" 20 P O Box 5477 Visu-Sewer, Inc. Hopkins, MN 55343 W230 N4855 Balker Drive Matt Timmers Pawaukee, WI 53072 952-259-0256 (262) 695-2340 262) 695-2359 Fax Jul -1 t 8" 6961 Ulen, MN Sellin Brothers, Inc. John Nelson 1204 Hobart Street Vlsu-Sewer, Inc, Hawley, MN 56549-0159 W230 N4855 Batker Drive Joel Sellin Pewaukee, WI 53072 21 &483-3522 (262) 895-2340 (262) 695-2359 Fax Sep -11 12" 749 Mendota Heights, MN City of Mendota Heights Shaun Ritter 1101 Victoria Curve VisuSewer, Inc. Mendota Heights, MN 55118 W230 N4855 Betker Drive Ryan Ruzek, P.E. Pewaukee, WI 53072 651-452-1850 (262)895-2340 (262) 695-2359 Fax Oct -11 i5" 690 Albert Lee, MN City of Albert Lea Shaun Ritter 221 East Clark Street Visu-Sewer, Inc. 11275W-11 Albert Lea, MN 56007 W230 N4855 Balker Drive Chris Lowe, P.E. Pewaukee, WI 53072 507-3774325 (262)695-2340 (262) 695-2359 Fax Nov -11 8" 3100 Wabasha, MN City of Wabasha Shaun Ritter 10" 1700 900 Hiawatha Drive Visu-Sewer, Inc. 11292M-11 12" 1200 Wabasha, MN 55987 W230 N4855 Balker Drive Bill Anderson, P.E. Pewaukee, WI 53072 507-288-6464 (262)695-2340 (2M 695-2359 Fax Nov -11 8" 519 Mayer, MN City of Mayer Todd Stelmacher 413 Bluejay Avenue Visu-Sewer, Inc. 11356M Mayer, MN 55360 W230 N4855 Betker Drive Jeff Frost -Public Works Pewsukee, WI 53072 952-657-1502 (262) 695.2340 (262)695-2359 Fax Dec -11 9` 180 Richfield, MN Friedges Contracting, Inc. Todd Stelmacher 21980 Kenrick Avenue Visu-Sewer, Inc, 11381M Lakeville, MN 55044 7905 Beech Street N E Doug Ims Fridley, MN 55432-1752 952-469-2121 (763)252-0004 (763) 252 -DOOR Fax Feb -10 151, 21"? 480 Collegeville, MN Saint John's University Matt Loberg P O Box 7299 Visu-Sewer, Inc. Collegeville, MN 56321 7905 Beech St. N.E. Gary Jorgensen Flydiey, MN 55432-1762 320-363-3303 (763)252.0004 (703)252-0008 Mar -10 8" 762 BeMew, MN City of Belview, Matt Loberg 202 S. Main Street VlsuSewer, Inc, BeMew, MN 56214 7905 Beech St- N.E. Mario Sander (Mayor) Firdley, MN 55432-1762 507-9384408 (763)252.0004 783 252-0008 Page 9 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Apr -10 8" 1,745 City of Taylor Falls, MN City of Taylor Falls Matt Loberg 637 First Street VisuSewer, Inc. Taylor Falls, MN 55084 7905 Beech St N.E. Bill Neska Firdlay, MN 55432-1762 651-465.5133 (763) 252-0004 (763) 252-0008 Apr -10 8" 508 Burnsville, MN Polda & Sons, Inc. Matt Loberg 9" 1.939 1462 Dayton Avenue Visu-Sewer, Inc. 12' 122 St Paul, MN 55104 7905 Beech St N.E. Jay Palda Flydlay, MN 55432-1762 651-644-1604 (763)252-0004 (763) 252-D008 Apr -10 8" 463 Hopkins, MN Kuechle Underground Matt Loberg 20 Main St N Visu-Sewer, Inc. P. O. Box 509 7905 Beech St. N.E. Kimball, MN 55353 Firdiey, MN 55432-1762 Jeremy Kuechle (763) 252-0004 320-398-8888 (763) 252-0008 May -10 B" 341 Mankato, MN City of Mankato Matt Loberg 10 Civic Center Plaza Vlsu-Sewer, Inc. Mankato, MN 56002-3388 7906 Beech St. N.E. Jeff Johnson -City Engr Firdley, MN 55432-1762 507.38748631 (763)252-0004 (783)252-0008 May -10 42" 101 Maple Grove, MN Interstate Improvement, Inc- Matt Loberg 16871 Canby Ave - P O Box 8 Visu-Sewer, Inc. Faribault, MN 55021 7905 Beach St. N.E. Jerry Monger Firdley, MN 55432-1762 507-333-2677 (763) 252-0004 (763) 252-0008 May -10 8' 381 Now Prague, MN Chard Tiling & Excavation, Inc. John Nelson 15" 37 26239 State Hwy 25 VlsuSewer, Inc. Belle Plaine, MN 56011 W230 N4855 Betker Drive Marty Jedlicki Pawaukee, WI 53D72 952-873-6152 (262)695-2340 (262) 695-2359 Fax May -10 12" 1,520 Village of St Anthony, MN Nodland Construction Company Shaun Ritter 322 E Fairgrounds Road Visu-Sewer, Inc. Box 338 W230 N4655 Betker Drive Alexandria, MN 563DS Fewaukee, WI 53072 Dave Wegner (2&2)695-2340 320-763-5159 (262) 695-2359 Fax May -10 8" 4,933 Eyota, MN Swenke Construction Inc, Shaun Ritter 103-112 W. Main Visu-Sewer, Inc. Kesson, MN 55944 W230 N4855 Betker Drive Lonny wlSwenke Construction Pewaukee, WI 53072 612-845-4184 (262) 695-2340 (262) 695-2359 Fax May -10 12" 290 Albert Lea, MN City of Albert Lea Keith Alexander 221 East Clark Street Visu-Sewer, Inc. Albert Lea, MN 56007-2496 W230 N4055 Betker Drive Christopher D. Lowe, E.I.T. Pewaukes, WI 53072 Project Engineer (282) 695-2340 507-377.4325 (262) 995-2369 Fax Jun -10 9" 2295 Golden Valley, MN Northwest Asphalt, Inc. Matt Loberg 1451 Stagecoach Road Vlsu-Sewer, Inc. Shakopee, MN 55379-2797 7905 Beech SL N.E. off. - Grant Firdley, MN 55432-1762 952-445-1003 (763) 252-0004 (763) 252-0008 Page 10 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -10 8" 4844 City of Prior Lake, MN City of Prior Lake Shaun Ritter 17073 Adermann St. S.E. Visu-Sewer, Inc. Prior Lake, MN 55372 W230 N4855 Betker Drive Craig Eldred PBwaukee, WI 53072 952-447-9891 (262)695-2340 (282) 895-2359 Fax Jul -10 8" 452 Duluth, MN Northland Constructors, LLC Matt Loberg 4843 Rice Lake Road Visu-Sewer, Inc, Duluth, MN 55803 7905 Beech St. N.E. Nathan Fox Flydley, MN 55432-1762 218.722-8170 (783)252-0004 (763)252-0008 Aug -10 8" 510 25th St NW Kuechle Underground Inc. Shaun Ritter City of New Brighton, MN 10998 State Hwy 55 Visu-Sewer, Inc. Kimball, MN 55353 W230 N4855 Beaker Drive Jeremy Kuechle Pewaukee, Wr 53072 320-398-8888 (262)695-2340 (262)695-2359 Fax Aug -10 12" 375 Falcon Heights, MN City of Falcon Heights, MN Shaun Ritter 2077 W Larpenteur Avenue VisuSewer, Inc. Falcon Heights, MN 55113.5594 W230 N4855 Batker Drive Kristine Giga Pewaukee, WI 53072 651-792-7048 (282)695-2340 (262)695-2359 Fax Aug -10 12" 60 Albert Lea, MN Heselton Construction John Nelson 680 NW 241h Street VisuSewer, Inc. Faribault, MN 55021 W230 N4855 Betker Drive Tom Gorman Pewaukee, WI 53072 507-334-3901 (262)695-2340 (262)695-2359 Fax Sep -10 9" 5,987 St Louis Park, MN City of St. Louis Park Shaun Ritter 5005 Minnetonka Blvd VisuSewer, Inc. St Louis Park, MN 55416 W230 N4855 Betker Drive Jim Olson Pewaukee, WI 53072 952-924-2552 (262)695-2340 (262) 695-2359 Fax Sep -10 8" 985 Cold Spring, MN City of Cold Spring Shaun Ritter 10" 2,130 27 Red River Avenue South VisuSewer, Inc. Cold Spring, MN 56320 W230 N4855 Betker Drive Michael Nelson Eng Proj Mngr Pewaukee, WI 53072 320-665-5300 (262)695.2340 (262) 695-2359 Fax Oct -10 a, 188 Mendota Heights, MN City of Mendota Heights Shaun Ritter 10" 303 1101 Victoria Curve Visu-Sewer, Inc. 12" 262 Mendota Heights, MN 55118 W230 N4855 Betker Drive 24" 187 Ryan Ruzek P.E. Pewaukee, WI 53072 651-452-1850 (262) 695-2340 (282) 695-2359 Fax Nov -10 10" 150 Forensic Sciences Building NAC Matt Loberg 530 Chicago Ave 1001 Labors Industrial Court VisuSewer, Inc. Minneapolis, MN 55415 Vadnais Heights, MN 55110 7905 Beach St N.E. Lynn Bishop (NAC) Firdley, MN 55432-1762 651-255-3550 (763)252-0004 (763)252-0008 Nov -10 8" 7561 Cloquet, MN City of Cloquet Shaun Ritter 1307 Cloquet Avenue Visu-Sewer, Inc. Cloquet, MN 55720 W230 N4855 Betker Drive James Prusak - DPW Pewaukee, WI 53072 21 B-879-6758 Office (262) 695-2340 (262) 695-2359 Fax Page 11 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Nov -10 7' 328 Red Wing, MN City of Red Wing Shaun Ritter 8' 2686 229 Tyler Road North VisuSewer, Inc. Red Wing, MN 55066 W230 N4855 Betker Drive Bob Stark P.E. Pewaukae, WI 53072 651-3855112 (262) 695-2340 (282) 695-2359 Fax Nov -10 8' 11809 Park Rapids, MN R. L Larson Excavating, Inc. Shaun Ritter 2255 12th St SE Visu-Sewer, Inc. St. Cloud, MN 56304 W230 N4855 Betker Drive Gregg - Project Manager Pewaukee, WI 53072 320-654-0709 (282) 695-2340 262 695.2359 Fax Nov -10 8" 378 Byron, MN Ellingson Companies Mett Lobarg 56113 State Highway 56 VlsuSewer, Inc. West Concord, MN 55985-0068 7905 Beech St. N.E. Jeremy Ellingson Firdley, MN 55432-1762 507-259-6893 (763)252-0004 763)252-0008 Nov -10 8" 5,333 Columbia Heights, MN City of Columbla Heights Met Loberg 637 - 38th Avenue NE VIou-Sewer, Inc. Columbia Helghts, MN 55421 7905 Beech St N.E. Kevin Hansen Firdley. MN 55432-1762 763-706.3705 (763)252-0004 (763) 252-0008 Dec -10 8' 4x459 Bayport, MN City fo Bayport Ron Fenney 294 N. 3rd Street Visu-Sawer, Inc. Bayport, MN 55003 7905 Beech St. N.E. Mel Horak Firdley, MN 55432-1762 651-275-4410 (763) 252-0004 (763) 252-0008 Dec -10 9" 2,640 Woodbury, MN City of Woodbury Matt Laberg 2301 Tower Drive Visu-Sewer, Inc. Woodbury, MN 55125-3330 7905 Beech St. N.E. Firdley. MN 56432-1762 (703) 252-0004 763 252-0008 Dec -10 8" 1,067 City of Lakevlll, MN City of Lakeville Matt Loberg 20195 Holyoke Avenue Visu-Sewer, Inc. Lakeville, MN 55044 7905 Beech St. N.E. Ken Seurer Firdley, MN 55432-1762 952-905-0581 (763) 252-0004 (763) 252-0008 Jan -09 e' 446 Proctor, MN City of Proctor Dave Alexander 100 Plonk Drive Vlou-Sewer Clean & Seal, Inc. Proctor, MN 55810 W230 N4855 Betker Drive Jamie Mehle 218-2793009 SHE Eng. Pewaukee, WI 53072 (262)695-2340 (262) 095-2359 Fax Mar -09 10" 5198 Golden Valley, MN Pakla & Sons. Inc. Keith Alexander 1482 Dayton Avenue VisuSewer Clean a Seal, Inc. St Paul, MN 55104 W230 N4855 Betker Drive Jay Palda Pewoukee, WI 53072 651-644-1604 (262) 695-2340 (202) 695-2359 Fax Apr -09 8" 4816 Moundsviews, MN North Valley, Inc. Ronald Fenney 20015 Iguana St NW - Suite 100 Visu-Sewer, Inc. Nowthen, MN 55330 7905 Beech St. N.E. Bred Schmkllbauer Fridley, MN 55432-1762 763-274-2580 (763)252-0004 (763) 252-0008 Fax Page 12 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Apr -09 9" 4,662 Eagan, MN City of Eagan Dave Alexander 3501 Coachman Road Visu-Sawer Clean & Seal, Inc. Eagan, MN 55122 W230 N4855 Betker Drive Charlie Borash Pewaukee, WI 53072 651-675.5200 (262) 695-2340 (262) 695-2359 Fax Apr -09 15" 165 Hammond, IN Gatlin Plumbing & Heating, Inc. Dave Alexander 111 East Main Street Visu-Sewer Clean & Seal, Inc. IL JOB Griffith. IN 46319-2897 W230 N4855 Betker Drive Matt Murphy Pewaukee, WI $3072 708-237-0340 (262)895-2340 262 695-2359 Fax May -09 r 870 City of St Louis Park, MN City of St. Louis Park Matt Loberg 3752 Wnoddale Avenue Visu-Sewer, Inc. St. Louis Park, MN 55416 7905 Beach St. N.E. Bruce Berthlaume Fridley, MN 55432-1762 952-924-2557 763-252-0004 763-252-0006 Fax May -D9 9" 3044 Burnsville, MN McNamara Contracting, Inc. Ronald Fenney 12" 1309 16700 Chippendale Avenue Vlsu-Sewer, Inc. Rosemount, MN 55068 7905 Beech St. N.E. Dale Boehne - McNamara Fridley, MN 55432-1762 cell 612-366-33D7 763.252-0004 763-252-0008 Fax Mey-09 8" 400 Jordan, MN Chard Tiling & Excavation, Inc. Ronald Fenney 26239 State Hwy 25 Visu-Sewer, Inc. Belle Plaine, MN W11 7905 Beech St. N.E. Marty Jedlicki Fridley, MN 55432-1762 952-873-6152 763-252-0004 763-252-0008 Fax Jun -09 9' 850 Shelly, MN Hough Inc. of Detroit Lakes Dave Alexander a, 9555 18262 Old Pit Road VlsuSewer Clean & Seal, Inc. Detroit Lakes, MN 56501 W230 N4855 Betker Drive Mike Hough Pewaukee, WI 53072 218.847-7391 (262)695-2340 (262)695-2359 Fax Jun -09 8" 51900 St. Hilaire, MN Hough Inc. of Detroit Lakes Dave Alexander 16262 Old Pit Road VisuSewer Clean & Seal, Inc. Detroit Lakes, MN 56501 W230 N4855 Betker Drive Jarda Sok: - Ftoan Sanders Pewaukee, WI 53072 218-773-1185 (262)695.2340 (262) 695-2359 Fax Jun -09 8" 375 Apple Valley, MN Minnesota Zoo c/o S E H Ronald Fenney 15" 1,600 Attn: Kevin Newman VisuSewerr Inc. 701 Xenia Ave. - Suite 300 7905 Beech SL N.E. Minneapolis, MN 55416 Fridley, MN 55432-1762 S E H - Kevin Newman 763-252-0004 612-360-1303 763-252-0008 Fax Jun -09 8" 1,047 Underwood, MN Delzar Construction, Inc. Shaun Ritter 3208 East Fir Avenue VlsuSewer Clean & Seal, Inc. Fergus Falls, MN 56537 W230 N4855 Betkar Drive Kyle - Project Manager Pewaukee, WI 53072 216-739-6507 (262)695-2340 (262)695-2359 Fax Jun -09 12" 664 Woodbury, MN Tower Asphalt, Inc. Dave Alexander 18" 317 150D1 Hundson Road Visu-Sewer Clean & Seal, Inc. 30" 200 Lakeland, MN 55043 W230 N4855 Setker Drive Paul Schaefer Pewsukee, WI 53072 651-436.8444 (262)BM-2340 262)695-2359 Fax Page 13 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -09 12" 550 Chaska, MN Ciiy of Chaska Matt Loberg 660 Victoria Drive Vlsu-Sewer, Inc. Chaska, MN 55359 7905 Beech St. N,E. Dean Hylland Fridley, MN 55432-1762 952-227-7733 763-252-0004 783-252-0008 Fax Aug -09 8" 295 Cold Spring, MN City of Cold Spring Matt Loberg 27 Red River Ave South Visu-Sewer, Inc - Cold Spring, MN 56320 7905 Beech St N.E, Paul Hoeshen Fridley, MN 55432-1762 320-685-3524 763-252-0004 763-252-0008 Fax Sep -09 8" 1670 Norwood Young America, MN City of Norwood Young America Shaun Ritter 10 First Avenue NE, P. O. Box 59 VlsuSewsr Clean & Seal, Inc. Norwood Young America, MN 55368 W230 N4855 Balker Drive Brian Simmons - Bolton & Monk Inc. Pewaukee, W1 53072 952-448-8838 (262) 695-2340 1262) 695-2359 Fax Sep -09 B• 515 City of Red Wing, MN City of Red Wing Matt Loberg 229 Tyler Rd N Vlsu-Sewer, Inc. Red Wing, MN 55066 7805 Beech St. N.E. Steve Thoms Fridley, NIN 55432-1762 651388-6734 763-252-0004 763-252-0008 Fax Sep -09 8" 1,099 Arden Hills, MN City of Arden HilislRoseville Dave Alexander 2680 Civic Center Drive VisuSewerClean & Seal, InC. Roseville, MN 55113-1899 W230 N4855 Becker Drive Greg Hoag Pewaukea, WI 53072 651-792-7847 (282) 695-2340 (262) 695-2359 Fax Sep -09 10" 861 Albert Lea, MN Sorenson Brothers Dave Alexander P. 0. Box 246 VisuSewerClean 8 Seal, Inc. Albert Lea, MN 56007 W230 N4855 Betker Drive Randy Pewaukee, WI 53072 507-373-6122 (262) 695-2340 (262) 695-2359 Fax Sep -09 8" 4,062 Columbia Heights, MN City of Columbia Heights Shaun Ritter 10" 281 637 38th Avenue NE VisuSewer Clean & Seal, Inc. Columbia Heights, MN 55421 W230 N4855 Betker Drive Kevin Hensen Pawaukee, WI 53072 Director of Public Works (282) 695.2340 763-706-3700 (262) 695-2359 Fax SaP49 B` 2,100 Various locations In City of Walker hbtt Loberg City of Walker, MN 511 Front St, West VisuSewer, Inc. Walker, MN 56484 79% Beech SL N.E. We Zubke Fridley, MN 55432-1762 218.547.5500 763-252-0004 703-252-0008 Fax Oct -09 36" 340 St. Cloud, MN Lunda Construction Company John Nelson 42" 561 P. 0. Bout 288 Visu-Sewer Clean & Seal, Inc, Schofield, Wl 54476 W230 N4855 Betker Drive Mike Nell Pewaukee, WI 53072 715-355-4848 (262) 695-2340 (262) 695-2359 Fax Oct -09 8" 1704 Altkin, MN City of Allkin John Nelson 10" 354 109 1 at Avenue NW VisuSawar Clean & Seal, Inc. 12" 347 Allkin, MN 56431 W230 N4855 Betker Drive 15" 400 Bob NIGw Pawaukes, WI 53072 218-9273121 (262) 695-2340 (262) 695-2359 Fax Page 14 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Oct -09 8" 356 City of Forest Lake, MN City c f forest Lake Matt Loberg 21350 Forest Blvd. N. VisuSewer, Inc. Forest Lake, MN 55025-2699 7905 Beech St. N.E. Mike Tate Fridley, MN 55432-1762 651-464-4348 763-252-0004 763-252-0008 Fax Nov -09 8" 356 Plainview, MN City of Plainview, MN Shaun Ritter 18' 870 241 W, Broadway VisuSawer Clean & Seal, Inc. Plainview, MN 55964 W230 N4855 Setker Drive Tim Hruska, P.E. Pewaukee, WI 53072 507-288-3923 (262)695-2340 (262) 695-2359 Fax Dea09 8" 2125 Wabasha, MN City of Wahasha Utilities Commission Shaun Ritter 10" 650 900 Hiawatha Drive, East Visu-Sewar Clean & Seal, Inc. Wa6ashs, MN 55981 W230 N4856 Betker Drive Bill Anderson, P.E. Pewaukee, WI 53072 507-288-6464 (262)695-2340 (282)_69&2369 Fax Page 15 SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Visu-Sewer, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: rehabilitation of the sanitary sewer by installing cured in- place liner. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: 2014 Sanitary Sewer Lining for the City of New Hope, Minnesota, City Project No. 931. 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 llmTts 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 Start Construction, Substantial Completion, and Final Payment A. Start Construction: September 2, 20 T 4. No work can begin until this date. B. The Work will be Substantially Completed on or before November 28, 2014, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before December 16, 20T4. C. Substantial Completion has been defined in the Supplementary Conditions. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but AGREEMENT FORM ® 2014 Stantec 1 193802710 00 52 10 -1 not as a penalty), Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fall to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Original Contract Amount is based on One Hundred Seventy -Four Thousand, Three Hundred Fifty Dollars and No Cents ($174,350.00) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.$5 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. ® 2014 Stantec 1 193802710 AGREEMENT FORM 005210-2 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 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 0 2014 5ta ntec 1 193802710 00 52 10 -3 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. 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: 2014 Sanitary Sewer Lining. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10- MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound: and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AGREEMENT FORM 0 2014 5tantec 193802710 005210-4 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, aclreements, 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 corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM @ 2014 Stantec 193802710 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 -JU tAL 1$ , 2014 (which is the Effective Date of the Agreement). Owner: City of New fleQe, AAinnesota By: r Attest: AddreNlYbi[ �gQtices: C1IY OF NEW HOPE 4401 XYLO N AIDE NO. NEW HOPE, MN 55428 Designated Representative: Name: KIRK McDONALD Title: CITY MANAGER Address:4401 XYLON AVE NO NEW HOPE MN 55426 Phone: 763-531-5100 Facsimile763-5`i1" 5136 0 2014 Stantec 1 193802710 Contractor: Visu-Sewer, Inc. By: 6'M a6e' -. KF_ni M. 1RLEIC+ANDE�L, PP -ESI DEN t Attest: UAMU_V-.CE.T%04, Co2Po9ATEEar"10.1 Address for giving notices: I423b NLl85S ('iCTICUL DRwc License No.: 1J1Si (Where Applicable) Designated Representative: Name: 3"%qt L. RtTTE.�. Title: FSTkmY%TDR Address: UZI)kA$SS 6CTKG2 1211jE PEW n Ltr- -, L) Z 5 3 6 -72 - Phone: CZt� ) LAS-2.31,Ao Facsimile: (26?1) ( off 5 -235q END OF SECTION AGREEMENT FORM 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shalt be considered plural where applicable, CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Visu-Sewer, Inc. Merchants Bonding Company W230N4855 Betker Rd., Pewaukee N 53072 2100 Fleur Drive, Des Moines IA 50321 OWNER (Name and Address): City of New Hope 4401 Xylon Ave. North, New Hope MN 55428 CONTRACT Effective Date of Agreement: 06118/14 Amount: $174,350.00 Description (Name and Location): 2014 Sanitary Sewer Lining BOND Bond Number. MNC65117 Date (Not earlier than Effectrve Date of Agreement): 06/18/14 Amount: $174,350.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duty executed by an authorized officer, agen# or representative. CONTRACTOR AS PRINCIPAL Visu-Sewer, Inc. Contractor's Name and Corporate Seal By; 1 R Signature (Seal) 1.] Title SURETY 11 Merchants Bonding Company 11114l1li! .��' �NDIt��''� Surety's Name and Corporate Seal ��.�` .,`N ...... Signature (Attach Power of#Attorney— 79 o z = Debbra A. Hinkes r Print Name ��rrrr N!!! 111►�� Attorney -In -Fact Title Attest: Attest: S' re TAMES S. S my-ILTIC.IA Signature CD2Pbf-m-m. SF-CIi•LETt9R�1 Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. BJCDC C-610 Performance Boad (2061) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 103 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. S. 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, A&*-ess and Telephone) Surety Agency or Broker Owner's Representative (Enlrineer or other party): EJCDC C-610 Performance Band (2007) Prepared by the Engineers Joint Contract Documents Committee, 00 6113.13 Page 3 of3 PAYMENT BOND Any singular reference to Contractor, Swrety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address). SURETY (Name, and Address ofPrincipal Place of Vsu-Sewer, Inc. Business): W23ON4855 Betker Rd., Pewaukee Wi 53072 Merchants Bonding Company OWNER (Name and Address): 2100 Fleur Drive, Des Moines IA 50321 City of New Hope 4401 Xylon Ave. North, New Hope MN 55428 CONTRACT Effective Date of Agreement: 06/18/14 Amount: $174,350.00 Description (Name and.Location): 2014 Sanitary Sewer Lining BOND Bond.Number: MNC65117 Date (Not earlier than Effective Date of Agreement): 06/18/14 Amount: $174,350.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY �,0`+ �0ND1% Merchants Bonding `'�C' 9 Com an �} P " �' Visu-Sewer, Inc. (Seal) Company f O.p''••,O Contractor's Name and Corporate Seal Surety's Name and Corporate Seal _ ? �-A �o s % 13y: ;Fq OLKC By: f 1CL -,� _. Signature Signature (Attach Power of Att*iy} ; ya Print Name PEESLbsks-k Title Debbra A. Hinkes Print Name Attorney -in -Fact Title Attest:Attest: _ Sig a TpjrAE i S. SEOCETIekl Signature CIDIZPOP-ATE SEcieE- Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC G615 Payment Bond (ZQn Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 era 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) fast occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly` furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof FOR INFORMATION ONLY — (Name Address, and Telephone) Surety Agency or Broker: Owner's Representative fEngineer or other): EJ(Dc 0-615 Payment Sand PW) Prepared by the Engineers Joint Contract Documents Committee. OU 6113.16 Page 3 via h" h i i MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli of New Berlin and State of Wisconsin their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY-FIVE INULLION ($25,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of December. 2013. .� 510044'%, rte4 STATE OF IOWA COUNTY OF POLK ss. .• O�N� •cad► •. ;�a��APOq. �o'.• • '/�A • ►y: -o ie - . .3, a 1933 r c--• • � j •Cy. '••..... MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7-�27,� President On this 3rd day of December , 2013, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and thatthe said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, t have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. 40, MARANDA GREENWALT/z$j2406 �J Commission Number 770392 ` My Commission Expires ow pclobw 28,2094 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary ofthe MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. I tness ereof, I have hereunto set my hand and affixed the seal of the Companies on this f �1ay o� /€ POA 0014 (11111) Secretary This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACES 4x�_msv L'pc ti m E.kc Nup ac Cs •fexwe: s K i D� e^E American SocietyNatiarta: sociefif cf w USFIG professional Engineers of Civil Engineers professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by lov CONSTRUCTION SPECIFICATIONS INSTITUTE FJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 6842882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.ora American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agL'org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-704 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Definitions and Terminology .................... 1.01 Defined Terms ....................................... 1.02 Terminology ........................................... Page ....................................................................... 1 ....................................................................... 1 ....................................................................... 5 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pa2e1 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 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and"Or-Equals".... ..................................... I .................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article 7 - 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..............................................................................................I...................... 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 EdCDC. All rights reserved. Page a 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 .......................... 9.10 Compliance with Safety Program ....................................... .......... 41 ...................................... Article 10 -Changes in the Work; Claim............................................................................................. 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 ofthe Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. PaQe 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 V 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved. Paee iv 007203 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). Bidding Requirements ---The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 2 of 62 7205 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed -A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 44. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materiahnan, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 54. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," `proper," "satisfactory," or adjectives of like effect or import are Used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C, Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, 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 finmish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 8 of 62 007205 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for fiihlre 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: I. 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 arenot Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC 0700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 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 of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Palle 13 of 62 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 Contractnr may snake a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (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 Clain therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fast must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.013, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 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: EdCDC C-700 standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 17 of 62 ,t. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: with respect to 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 fin-nish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief', earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-706 standard General Conditions of the Construction Contract Copyright C 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 thereon required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 007205 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.073 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall snake 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 9) 2407 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 22 of 62 00 72 05 6.03 6.04 6.05 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 finmish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 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. t. 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 ArtinlP 12. Adjustments in Contract Times may only be made by a Change Order. 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 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 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 6.05.13. Engineer may require Contractor to famish 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 Drawling for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to famish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 25 of 62 die) ;12 ()?7 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.063), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to finrnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 P. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris 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 originaI 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 b 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 30 of 62 00 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 6.17.1). B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 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. 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 Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractors General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions ofthe Construction ContraM Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE. SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 35 of 62 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EdCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 37 of 62 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. I£ Owner and Engineer agree, Engineer will finish 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. AR rights reserved. Page 39 of 62 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paye 41 of 62 00 77 65 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineers Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of finther resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but ;iot 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 rational Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.1)), provided such Iosses 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 detennining 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: 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 11.0I.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is deternvned on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A 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 ® 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 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0 LC). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 007205 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fined fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.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; I no fee shall be payable on the basis of costs itemized under Paragraphs 11.0t.A.4, 11.0I.A.5, and 11.01.13; 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.c, 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 tault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 49 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 ran from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society 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: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. AD rights reserved. Page 53 of 62 0072 1 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 54 of 62 00 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15,02.A_ C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Pate 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 ® 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: 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may fiumish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 58 of 52 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the ten -ns 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 Clairns 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 Clain -is by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.023, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. I£ and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from O,N,ner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Tithes or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the some as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: 1. The sanitary sewer cured in-place lining has been completed. 2. The City has received the pre and post televising videos, reports, images, and identification spreadsheet. SC -1.02 Add the following new paragraph immediately after Paragraph T .02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor T printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Invitation for Quotes. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.02.8 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. 0 2014 Stcntec 193802710 SUPPLEMENTARY CONDITIONS 007305-1 SC -4.06 Delete Paragraphs 4.06.A and 4.06.6 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 SUPPLEMENTARY CONDITIONS 0 2014 Stantec 193802710 007305-2 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read. A- Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The Insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay inierest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01 " 0 2014 Stantec 193802710 SUPPLEMENTARY CONDITONS 007305-3 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 10.05.13 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 1 1.03.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 quantifies 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 SUPPLEMENTARY CONDITIONS 0 2014 Stantec 193802710 007305-4 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.Oi .B, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. 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 -1 6.01.0 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 (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. ENO OF SECTION © 2014 Stantec 193802710 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: 2014 Sanitary Sewer Lining for the City of New Hope, Minnesota, City Project No. 931. B. Description of Work: Project consists of rehabilitation of the sanitary sewer by installing cured in-place liner. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Start Construction: No work can begin until September 2, 2014, in order to avoid conflicts with the current City infrastructure project within the Project area. 2. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be confined to the pavement surface between the manholes of the sewer segment (s) being lined. 3. Contractor shall assist and provide Owner access to the construction area for snow removal and disposal if necessary to maintain access and working space during construction. 4. Keep existing driveways and entrances clear and available to the public and to the Owner. 5. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Residents shall have access to all side streets and driveways at all times. SUMMARY 02014 Stontec , 193502710 01 1000-1 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 i 14380271n 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. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Ali Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 0 2014 Stantec 193802710 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 (GSOC) before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with all utility owners. Existing utilities are not shown on the Drawings. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which 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. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. PROJECT MANAGEMENT AND COORDINATION ®20145tantec 14qAn?71() 013100-1 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 may schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION 0 2014 Stantec 1 193802710 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1, All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 8.5 inch by 11 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Provide space for revisions and notations. 3. identify interrelations between activities. 4. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's SUBMITTAL PROCEDURES 0 2014 Stontec 193802710 01 3300-1 safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person (s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 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. 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. ® 2014 Sta ntec 19'kAnW i n SUBMITTAL PROCEDURES 01 3300-2 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 193802710 01 3300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART i 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 offhis 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 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. ® 2014 Stantec 193802710 QUALITY REQUIREMENTS 01 4000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.09 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2014 Stantec 193802710 01 4000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. a. Partial payment of the Lump Sum Bid item "Mobilization" will be made using a ercenta a based on the following: 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. 3. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. 4. All other Work and costs offhis 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. 0 2014 Stantec 1 938027 1 0 TEMPORARY FACILITIES AND CONTROLS 01 5000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. 3. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. 4. All other Work and costs offhis 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. 0 2014 Stantec 1 938027 1 0 TEMPORARY FACILITIES AND CONTROLS 01 5000-1 C. Minnesota Department of Transportation Traffic Engineering Manual. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Notify Owner when and which hydrants will be operated during construction. 3. Owner will pay for the costs of the water. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all goveming regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.04 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. 3.05 TRAFFIC CONTROL A. General 0 2014 Stantec 1193802710 TEMPORARY FACILITIES AND CONTROLS 01 5000-2 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 fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. 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 J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights -SAE Specification J1318. C. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas, b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. h. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. L Contractor shall remove traffic control crevices cit the conclusion of each working day. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. 0 2014 Sfantec 193802710 TEMPORARY FACILITIES AND CONTROLS 01 5000-3 b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the 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. 3.06 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.07 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TFF%,1,P0R RY ® 2014 5tantec 193802710 01 5000-4 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. 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 0 2014 Stantec 193802710 01 7000-1 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. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Protect hazardous work areas and hazardous material storage areas. B. Protect trees, unless specifically indicated on Drawings. C. If necessary, clean streets with mechanical street sweeper. D. if Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholdina.tax@stafe.mn.us. END OF SECTION EXECUTION REQUIREMENTS 0 2014 Stantec 193802710 01 7000-2 SECTION 33 01 38 PIPE REHABILITATION BY CURED - IN- PLACE - PIPE (CIPP) 1.01 SECTION INCLUDES A. Rehabilitation of deteriorated and leaking gravity pipe sections by installation of a thermosetting resin impregnated flexible felt fiber tube into a cured -in -place -pipe (CIPP). B. Related Sections 1. Section 33 08 31 - Sanitary Sewer Televising, Cleaning and Inspection. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Sewer Rehabilitation With CIPP. Measurement will be per each liner installed in place per diameter. Payment will constitute full compensation for all work and costs to furnish and install the liner complete in place, including cleaning, line clearing, dewatering, sealing the liner at the ends, service reconnects, deburr of service connections, testing, and pre -and post -installation television inspection and all other work associated with this Bid Item. 2. All other Work and costs offhis Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. D638 - Test Method for Tensile Properties of Plastics. 2. D790 - Test for Flexural Properties of Plastics. 3. F1216- Rehabilitation of Existing Pipelines by the Inversion and Curing of a Resin Impregnated Tube. 1.04 SUBMITTALS A. Manufacturer's certification of compliance. B. License of certificate verifying manufacturer's/licensor approval of installer. C. Construction Sequence. D. Product data and manufacturer's recommended installation procedures. E. Cure summary after the approved curing schedule is completed. F. Installer Completed Project List Which Includes: Project name, the number, total length and locations of inversions installed to date, and the names and phone numbers of the facility owners. PIPE REHABILITATION BY CURED -IN -PLACE -PIPE (CIPP) 0 2014 Stantec - 193802710 3301 38-1 B. The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the layers of the impregnated felt tube in the upstream, downstream, and intermediate manholes to determine the temperature during curing. C. Water temperature in the line during the curing period shall be as recommended by the resin manufacturer. D. Initial cure may be considered complete when the exposed portions of the felt tube pipe appear to be hard and the remote sensing device indicates the temperatures to be adequate as recommended by the resin/catalyst system manufacturer. E. Curing using steam rather than using heated water is acceptable. Precautions should be taken to supply sufficient steam pressure, to minimize steam condensation resulting in water build-up in the inside bottom of the resin liner being cured or as an alternative provide for the discharge of the condensate through a small tube inserted at the low point of the resin liner. 3.05 COOLING DOWN A. Cool the hardened cured in place pipe to a temperature below 100 degrees f before relieving the water column: 1. Cool water maybe added to the water column while draining hot water from a small hole at the end of the cured in place pipe so that a constant water column height is maintained until cool down is completed. B. Careful attention shall be taken not to cool too quickly to eliminate the possibility of thermoshock. 3.06 SERVICE CONNECTION A. After curing reconnect.existing services: 1. Service reconnects must be accomplished as soon as possible, and within a minimum of 24 hours of beginning the inversion process. 2. Maintain sanitary sewer service during the installation process. B. Reconnection shall be done without excavation from the interior of the pipe by means of a television camera and a cutting device that reinstates the service to not less than 90 percent of their original capacity: 1. The Contractor shall certify that there is a minimum of l complete working unit plus spare key components on the site before each inversion. 2. Deburr edges after cutting for all services. 3.07 FINAL/FINISH A. The liner shall make a tight seal a the manhole opening with no annular gaps. This procedure shall be completed before proceeding to the next manhole section. B. The finished pipe shall be continuous over the entire length of the sewer section. The finished liner shall tightly conform to the walls of the existing pipe. PIPE REHABILITATION BY CURED -IN -PLACE -PIPE 1CIPPj Q 2014 5tantec 193802710 3301 38-4 C. No gap or annular space between the finished liner and the host pipe shall be allowed or be visible at the manhole, sewer service connection, or other exposed points within the finished liner section. 3.08 QUALITY CONTROL A. Televise interior of pipe after completion of work and provide submittals to Owner as described in Section 33 08 31. B. Test samples of the cured material for physical strength specified herein before a sample will be taken from the wet out tube, clamped between flat plates, and cured in the down - tube. C. All CIPP pipes should be tested using an exfiltration test methods where the CIPP is plugged at both ends and filled with water. This test should take place after the CIPP has cooled down to ambient temperature. This test is limited to pipe lengths with no service laterals and diameters of 36 inches or less. The allowable water exfiltration for any length of pipe between termination points should not exceed 50 U.S. gallons per inch of internal pipe diameter per mile per day, providing that all air has been bled from the line. During exfiltration testing, the maximum internal pipe pressure at the lowest end should not exceed 10 ft (30 m) of water or 4.3 psi (29.7 kPa), and the water level inside of the inversion standpipe should be 2 ft (0.6 m) higher than the top of the pipe or 2 ft (0.6 m) higher than groundwater level, whichever is greater. The leakage quantity should be gaged by the water level in a temporary standpipe placed in the upstream plug. The test should be conducted for n minimum of 1 hour. 0 2014 Stantec 19380971n END OF SECTION PIPE REHABILITATION BY CURED -IN -PLACE -PIPE (CIPP) 3301 38-5 SECTION 33 08 31 SANITARY SEWER TELEVISING, CLEANING AND INSPECTION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer cleaning, televising and inspection of pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 01 38 - Pipe Rehabilitation by Cured -In -Place Pipe (CIPP). ,.02 PRICE AND PAYMENT A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. 2. Electronic Copies: Televising reports shall be submitted in pdf format. One pdf shall be created for each section of pipe located between two manholes. Each report shall be named with a number matching the City's pipe identification number. The identification number for each section of pipe shall be provided to the Contractor on the Drawings or at the preconstruction meeting. 3. Identification Spreadsheet: Provide in Microsoft Excel format with the city's pipe identification number for the pipes that were cleaned and lined. Individual televising reports, images, and video must correspond to the pipe id. A sample spreadsheet can be provided by the City upon request. 4. Any images taken must be provided to the City in .jpeg format or a format that is approved by the City. 5. Reports and video shall be provided for both pre- and post -installation televising inspection. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Commence televising only when pipe and structures are clean and free of dirt or other foreign matter. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION 0 2014 Stantec 193802710 33 08 31 -1 3.02 SANITARY SEWER TELEVISING A. General 1. Televising shall be performed on all gravity sanitary sewer lines that will be rehabilitated using cured -in-place pipe (CIPP). 2. Format -The video will be submitted in a DVD format with both audio and video. 3. Camera - The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 4. Rate - The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH-#, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), wye location on either the left or riaht side of the ripe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine upstream and down doghouses for watertightness. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sag in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each wye or service tap location with station and orientation (Example: wye right, 3 o'clock). 7. Note direction of flow using cardinal / ordinal directions. 8. The complete report and DVD shall be submitted to the Owner/Engineer within 14 days after the completion of the televised segments. 9. Include color photos/images of defects in the written report. E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION C 2014 Stantec 193802710 33 08 31 - 2 3.03 SANITARY SEWER CLEANING A. Cleaning Equipment 1. Hydraulically propelled equipment. a. Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapse at any time during the cleaning operations to protect against flooding of the sewer. b. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. c. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. 2. High -Velocity Jet (Hydro cleaning) Equipment. a. All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. b. The equipment shall have a selection of two or more high -velocity nozzles. c. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. d. Equipment shall include a high -velocity gun for washing and scouring manhole walls and floor. e. The gun shall be capable of producing flows from a fin spray to a solid stream. f. The equipment shall carry its own water tank, auxiliary engines, pumps and hydraulically driven hose reel. 3. Mechanically Powered Equipment. a. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. b. Machines shall be belt operated or have an overload device. c. Machines with direct drive that could cause damage to the pipe are not permitted. d. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat treated steel. f. The machine shall be fully enclosed and have an automatic safety clutch or relief valve. B. Cleaning Precautions 1. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. 2. When hydraulically propelled cleaning tools or tools which retard the flow in the sewer lines are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. The Contractor will be fully responsible for any property damage caused by the cleaning operations. 3. When possible, the flow of sewage shall be utilized to provide the necessary pressure for hydraulic cleaning devised. 4. When additional water from fire hydrants is necessary to avoid a delay in normal work procedures, the water shall be conserved and not used unnecessarily. Contact New Hope Public works to obtain meter. No charge will be associated for water use. 5. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. C. Sewer Cleaning 1. The cleaning of the sewer lines shall begin upstream and work downstream. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION ® 2014 Stantec 191R[1771 n 330831-3 2. The sewer manholes sections shall be cleaned using hydraulically propped, high - velocity jet or mechanically powered equipment. Selection of the equipment shall be based on the conditions of lines at the time the work commences. 3. The equipment shall be capable of removing dirt, grease, rocks, sand and other materials and obstructions from the sewer lines and manholes. 4. If cleaning of an entire section can not be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning shall be attempted again. 5. If successful cleaning from both manholes can not be completed, the Contractor shall contact the Engineer. D. Root Removal 1. Roots shall be removed completely where root intrusion is a problem. 2. Any roots which could prevent the seating of the packer or could prevent the proper application of chemical sealants should be removed. 3. Procedures may include the use of mechanical equipment such as rodding machines, bucket machines, and winches usina root cutters and porcupines and equipment such as high -velocity jet cleaners. E. Chemical Root Treatment 1. Chemical root treatment may be used at the option of the contractor to aid in the removal of roots in manhole sections. 2. The application of the herbicide to the roots shall be done in accordance with the manufacturer's recommendation and specifications in a manor to preclude damage to the surrounding vegetation. 3. Any damage to the vegetation shall be repaired at the Contractors expense. 4. All safety precautions as recommended by the manufacturer shall be adhered to concerning handling and application of herbicide. Material Removal 1. All sludge, dirt, sand, rocks, grease and other solids or semisolid material resulting from cleaning operations shall be removed at the downstream manhole of the section being cleaned. 2. Passing material from manhole section to manhole section, which could cause line stoppages, accumulation of sand in wet wells, or damage to pumping equipment, shall not me permitted. G. Disposal of Material 1. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the contractor. 2. All materials shall be removed from the site no less often than at the end of each workday. Under no circumstances will the contractor be allowed to accumulate debris on the site of work. H. Final Acceptance 1. Acceptance of sewer line cleaning shall be made up on successful completion of the television inspection and shall be to the satisfaction of the Owner. 2. If TV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to re -clean and re -televise the sewer line until cleaning is shown to be satisfactory. SANITARY SEWER TELEVISING, CLEANING AND INSPECTION 0 2014 Stantec 193802710 33 08 31 -4 3.04 SEWER FLOW CONTROL A. When sewer line depth of flow at the upstream manhole of the manhole section being worked in is above the maximum allowable for television inspection, the flow shall be reduced to the level shown below by operation of pump stations, plugging or blocking of the flow or by pumping and bypassing of the flow as specified. B. Depth of flow shall not exceed that shown below for the respective pipe sizes as measured in the manhole when performing teievision insr)ection. Maximum De th of Flow for Televising 12" - 24" Pie 25 percent of pipe diameter 27" & up Pipe 30 percent of pipe diameter C. Plugging or Blocking 1. Perform bypass pumping as need to complete the work. 2. A sewer line plug shall be inserted into the line upstream of the section being worked. 3. The plug shall be designed so that all or any portion of the sewage can be released in accordance with the Engineer. 4. During TV inspection, flow shall be reduced within the limits specified above. 5. After the work has been completed, flow shall be restored to normal. D. Pumping and Bypassing 1. When Pumping and bypassing is required the Contractor shall supply the pumps, conduits and other equipment to divert the flow of sewage around the manhole section in which work is being performed. 2. The bypass pump system shall be of sufficient capacity to handle existing flow at peak flow times. 3. The Contract shall be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypass pumping system, If pumping is required on a 24-hour basis, engines shall be equipped in a manor to keep noise to a minimum. E. Flow Control Precautions 1. When flow in a sewer line is plugged, blocked or bypasses, sufficient precautions must be taken to protect the sewer lines from damage that might result from surcharging. 2. Precautions must betaken to insure that sewer flow control operations do not cause flooding or damage to public or private property be served by the sewers involved. END OF SECTION SANITARY SEWER TELEVISING, CLEANING AND INSPECTION 0 2014 Stantec 193802710 330831-5 rdY*T;7AM PRaIECTLOCA NEW HOPE HALL vp � 49 Qc� Lj A rAF 7-.�Q J. —7 — T 46 L------- ..... ............. na '4 — 4D D NO 70J 27TH AVE N (MEDiciNE "LAKE RD) 27TH AVE N PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 2014 SANITARY SEWER LINING CITY PROJECT NO.931 DATE: MARCH 2014 COMM: 193802710 0 1250 2500 Scale in feet Stantec 1691 105 - 106 RIM: 906.18 RIM: 900.68 RI 999-29 INV: 996.00 i / INV: 694.93 INV:693.85 997 RIM: 095.96 INV: BBI.26 998 RIM: 894.72 INV: 881�92 RIM: 892.98 WV: 882.53 CENTER ROAD E 233- 9 -WP` -'-1W-- (6.0) RIM: 896.50 INV: -��40 I V: 885. 10 : 33 N992 RIM: 894.00 IN 889.00 IW. 854.17 RI �z 10 897,88 992.76 993 RIM: 895.62 LNV: 85.02 A IA C) A z Lu RIM: INV., Uj 1) START CONSTRUCTION: SEPTEMBER 2, 2014 Z - NO WORK CAN BEGIN UNTIL AFTER THIS DATE IN 0 ORDER TO AVOID CONFLICTS WITH CURRENT CITY RIM81* 995 91 0 INFRASTRUCTURE PROIECTWITHIN PRQ1ECT AREA. INV:cn 2) SUBSTANTIAL COMPLETION: NOVEMBER 28, 2014 - - — --------- SANrrARY LINING LEGEND 996.1 -..- 'j� — -:� . r r - ] — , EXISTING SANITARY SEWER PIPE RIM: 897-55 INV: N&42 . ......... -9. VCP 58. w '- v331'-gVCP 325'-9"VCP VCP 254';9 EXISTING SANITARY SEWER MANHOLE (17 270 - 9' VCP PROPOSED SAWTARY SEWER PIPE WITH SCIENCE CENTER DRIVE 110 111 112 (1022) (PIPE ID) - TO BE LINED tae v RIM' I&B.90 IW'. 891.21 RIMI RIM: 097.ID INV; 891.30 INV: 89&07 RIM: 098.J 893.00 INV; 894.001 1 IE SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA FIGURE 2 Stantec 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 �\US1291-FOI\WORKGROUP\1938\ACTIVE\193802710WAD�DViG\193802710-F;D2.DWG DATE: MARCH 2014 COMM: 193802710 120 RIM: 900.67 INV: 885.80 52ND z ;6II RIM: 896,4 — - -------- k RIM 284'- 9" VCP 991 INV: 883,10 (6641 119 RIM: 897.00 INV: 887.00 126 C.P. RAIL ROAD RIM: 918.61 Iw. 90810 llv-4yVCP (661) INV: 124j SIST ST N RIM: 905.20 INV: 097.00 RIM: 890.97 INV: 882,40 ice 0 z Lu z Is in feet Br - 91 VCP /—(660) lSB7 RIM: 919.91 DIV: 909.00 RIM' 915.1; ..... ..... J.. GENERAL NOTES: 1) START CONSTRUCTION; SEPTEMBER 2, 2014 NO WORK CAN BEGIN UN[TIL AFTER THIS DATE IN CITY ORDER TO AVOID CONFLICTS WITH CURRENT INFRASTRUCTURE PROJECTWITFUN. PROIECT AREA. 1586 (P43) j 4 ! I L M* 896.05 2) SUBS rANTLAL COMPLETION: NmEMBER 28, 2014 ll�lv: 880-50 AVE RT6 SANITARY LINING LEGEND EXISTING SANITARY SEWER PIPE 1A 11111 EXISTING SANITARY SEWER MANHOLE VCP 270.9 PROPOSED SANITARY SEWER PIPE WITH (1022) (PIPE ID) - TO BE LINED SANITARY SEWER LINING PLAN NEW HOPE, MINNESOTA FIGURE 3 2014 SANITARY SEWER LINING - CITY PROJECT NO.931 Stantec \\US1291-FOI\WORKGROUP\193"CTIVE\193802710\CAD\DViG\19380271OLFD2.DWG DATE: MARCH 2014 COMM: 193802710 't June 11, 2014 Ms. Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651 ) 636-4600 Fax: (651 ) 636-1311 Re: 2014 Sanitary Sewer Lining City Project No. 931 Stantec Project No. 193802710 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. 6`46 t� &U., Cathy White Administrative Coordinator Enclosures Design with community In mind THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New hope, MN 55428 BIDDER: Michels Pipe Services, a div. of Michels Corporation DOCUMENT 0041 10 BID FORM 2014 SANITARY SEWER LINING CITY PROJECT NO. 931 STANTEC PROJECT NO. 193802710 NEW HOPE, MINNESOTA 2014 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 wr:'ting upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date 5-2.4-2G1!:k B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, 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 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 exisfng 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 wh'ch may affect cost, progress, or performance of the work or which re'ate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techn°quos, 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 of the Site that relates to the Work as indicated in the Bidding Documents. 0 2014 Slantec 1 193802710 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 al! additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Badder 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 condi*ions 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 a^ived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder orwith any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation corceming Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waves any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Cond'tions, Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantit'es 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 act.:al quantities provided, determined as provided in the Contract Documents. No. Item Unffs Qty Unit Pdce Total Price BASE BID 1 MOBILIZATION LS 1 $ 13,735.00 $ 13,735.00 2 TRAFFIC CONTROL LS 1 $ 2,946.00 $ 2,946.00 3 BYPASS PUMPING LS i $ 2,120.00 $ 2,120.00 4 SEWER REHABILITATION WITH CIPP, 9" LF 7,825 $ 26.75 $ 209,318.75 TOTAL BASE BID $_228,119.75 02D14StcJntec 193802710 0041 10-2 BID FORM 6.01 Bidder agrees that the Work will be Substantia!iy 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 follow -ng documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 "he terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and' he Supplementary Conditions. SUBMITTED on MAY 30 . 2014. If Bidder Is: A CQmoration = SEAL r Corporation Name: Michels Corporation (SEAAr�, iii«St�1NiB State of Incorporation: Wisconsin ` Type (General Busi Professional, Service, Limited Liability): General By: i ure) Name (typed or printed):.� Patrick Herzog Title: Vice President - Michels Pipe Services a div. of Michels Co oration Attest (CORPORATE SEAL; Carey A. Preston, Asst. 5 etary(Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 817 West Main Street Brownsville, Wl 53006 Phone No.: (920) 583-3132 _ Fax No.: (920) 924-4323 Email: cpreston@michels-us 02014Staniec . 193802710 004110-3 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Michels Corporation 817 W. Main Street Brownsville WI 53006 as Principal, hereinafter called the Principal, and Continental Casualty Com an 333 S. Wabash Ave. Chicago, IL 60604 a corporation duly organized under the laws of the State of IL as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 X Ion Avenue North New Hope, MN 55428 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. MEREAS, the Principal has submitted a bid for 2014 Sanitary Sewer Lining City Project # 931 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 furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of e44A- mberly R. H May ♦`r��y;�........ �.. •,g Michels Corporation _ ;iC loplhdpal) �„(Seai By: ��i�ONSfill IN Continental Casualty Company (Surety) w !sea By: avvyv pla� VM Attomaydn-Fact Ann Marie Waters (rae) AIA DOCUMENT A310 • BID BOND 0 AIA • FEBRUARY 1970 ED. 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 G ;23208-B ss. STATE OF Illinois COUNTY OF Dupage I, Melissa M. Newman Notary Public of Dupaae County, in the State of Illinois . do hereby certify that Ann Marie Waters Attomey-in-Fact, of the Continental Casualty Company who is personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the forthe uses and purposes therein set forth. is Given under my hand and notarial seal at my office in the City of Lisle in said County, this day of May A.D., 2014 Notary c Melissa M. Newman My Commission expires: Februa 12, 2018 "OFaFiCIAL SEAL" MELISSA M. N NOTARY PUBLIC. 8TA'I E OF ILLINOIS MY COMMISSION EXPIRES p,�12J2018 Office of the Minnesota Secretary of State Certificate of Good Standing T, Mark Ritchie, Secretary of State of Minnesota, do certify that: The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. Name: Date Filed: File Number: MICHELS CORPORATION 12/02/1987 42455 Minnesota Statutes, Chapter: 303 Home Jurisdiction: Wisconsin This certificate has been issued on: 05/02/2013 Mark Ritchie Secretary of State State of Minnesota qMinnesota Department ofio ' HUMA CERTIFICATE OV COMPLIANCE MICHELS CORPORATION is hereby certified as a contractorby the Minnesota i Department of Human Rlghts.. This certificate is valid from 4/10/2014 to 41912018. j This certification is subject to revocation or suspension prior to its expiration if the department issues a finding of noncompliance or, if your organization fails to make -a good faith effort to implement its affirmative action plan.. Mlnnesota Department of,Human Rights .FOR THE DEPARTMENT BY: Kevin M. Lindsey, -Commissioner AN EQUAL OPPQRTW41TY EMPLOYER - Freeman Building • Q5 Robert Street North • Saint Paul, Minnesota 55155 Tel 651:539.1100 • MN -Relay 711 or 1.800.627.3529 • Toll Free 1.800.557.3704 • Fax 651.296.9042 • mn.gov/mdhr CONSENT RESOLUTION OF THE BOARD OF DIRECTORS OF MICHELS CORPORATION JANUARY 2, 2014 The undersigned, being the Board of Directors of MICHELS CORPORATION, a Wisconsin corporation, pursuant to Section 180.0821 of the Wisconsin Statutes, do hereby consent to the following acts taken without a meeting: RESOLVED: that any of the following elected officers and appointed managers shall have the ability to legally negotiate and execute contracts and agreements on behalf of the Corporation for the fiscal year ending December 31, 2014 or until their respective successors have been elected and qualified: Chairman of the Board Ruth L. Michels Chief Executive Officer Patrick D. Michels President Patrick D. Michels Executive Vice President Brian P. Johnson Vice President Kevin P. Michels Vice President Steven R. Michels Vice President Timothy J. Michels Vice President David A. Nelson Assistant Vice President Murray Luedtke Treasurer Patrick D. Michels Chief Financial Officer John Schroeder Secretary Brian P. Johnson Assistant Secretary Mary H. Ausloos Assistant Secretary Joshua R. DeBruine Assistant Secretary Susan P. Kaiser Assistant Secretary Kevin P. Michels Assistant Secretary Ryan C. Murphy Assistant Secretary David R. Phelps Assistant Secretary Daniel R. Schwartz Senior Vice President — Construction Operations Robert H. Westphal Senior Vice President — Michels Pipeline Construction Division Robert C. Osborn Senior Vice President Raymond G. Post Vice President — Michels Materials, Pit and Quarry Operations Robert A. Bingen Vice President — Michels Pipeline, Major Projects David Bristol Vice President — Michels Paving Division Michael R. Debelak Vice President — Michels Power Division Mark Harasha Vice President — Michels Communications Division Jerrod T. Henschel Vice President — Michels Pipe Services Division Patrick Herzog Vice President— Marketing and Business Development Mark E. Huffer Vice President— Michels Directional Crossings Division Timothy McGuire Vice President— Michels Materials, Road Construction Operations Otto J. Ramthun, Jr. Vice President— Electrical Engineering Gerald W. Schulz Vice President — Business Administration and Chief Legal Officer A. David Stegeman Vice President — Michels Materials, Crushing Operations John J. Westerman Vice President — Michels Pipeline, Central/Eastem Operations Matthew J. Westphal Vice President — Human Resources Karen Wuest General Manager— Michels Wind Energy Division James H. Black, Jr. General Manager— Michels Pipeline, Distribution Operations Loren Brace General Manager— Michels Foundations Division James S. Claeys General Manager — Anderson Brothers and Johnson Thomas D. Ellias General Manager— Michels Tunneling Division James J. Kabat Senior Manager — Northwest Region, Michels Power Division Landon Muck Senior Manager— Michels Power Division Zebulan T. Green Dated this 2nd day of January, 2014 -moo R th L. Mic�he � Director �f Pfatrick D. Michels, Director CONSENT RESOLUTION OF THE BOARD OF DIRECTORS OF MICHELS CORPORATION MARCH 27, 2014 The undersigned, being the Board of Directors of MICHELS CORPORATION, a Wisconsin corporation, pursuant to Section 180.0821 of the Wisconsin Statutes, do hereby consent to the following acts taken without a meeting: RESOLVED: that the following employees of Michels Pipe Services, a Division of Michels Corporation, shall have the following authority vested in it by the Board of Directors through this Consent Board Resolution: Carey A. Preston, Contracts Administrator (Midwest), shall be appointed an Assistant Secretary with the specific and limited authority to sign pay requests, associated lien waivers and attest to official documentation of Michels Pipe Services. David Rosenberg, Senior Manager Business Development and Water Rehabilitation Services, on behalf of Michels Pipe Services, shall be granted the limited authority to execute subcontracts of $200,000 or less both when Michels is a subcontractor and when Michels subcontracts work. Pat Anderson, Western Regional Manager, on behalf of Michels Pipe Services, shall be granted the limited authority to execute subcontracts of $200,000 or less both when Michels is a subcontractor and when Michels subcontracts work. Paul Mallory, Regional Operations Manager in Hawaii, on behalf of Michels Pipe Services, shall be granted the limited authority to execute subcontracts of $100,000 or less when Michels subcontracts work, but not when Michels is the subcontractor. The following persons are no longer authorized to act in the following capacities: John Gauthier, Operations Coordinator, shall be granted the limited authority to execute subcontracts of $150,000 or less on behalf of Michels Pipe Services. Chris Tavernier, Operations Manager (West), shall be granted the limited authority to execute subcontracts of $150,000 or less on behalf of Michels Pipe Services. Dated this 27th day of March, 2014. Ruth L, Michels, Director Patrick D. Michels, Director s� CORPORATION +1 MICHELS CORPORATION 817 W. Main Street - P.O. Box 128 - Brownsville, WI 53006-0128 Phone: 920-583-3132 FAX: 920-583-3429 Wisconsin Corporation since February 18, 1960 Federal I.D. No.: 39-0970311 Dunn & Bradstreet I.D. No.: 00-580-9868, Rating 5A2 Accounts Payable Manager: Missy Vande Zande Ext. 2319 Accounts Payable Rep: see attached BANK: American Bank of Fond du Lac 676 W. Johnson Street Fond du Lac, WI 54935 ph 920-922-9292 fax 920-924-2323 Account No. 8620-2204 Contact: Jim Chatterton, President OFFICERS/DIRECTORS: Ruth L. Michels* Chairman of the Board 364 Oakdale, Brownsville, WI 53006 Patrick D. Michels* CEO/President/Treasurer 750 Meadow Ridge Lane, Brownsville, WI 53006 Brian P. Johnson V.P./Secretary N7430 Niagara Lane, Fond du Lac, WI 54935 'Denotes Director BONDING COMPANY: CNA Surety 333 S. Wabash Avenue Chicago, IL 60604 Phone: 630-719-3100 TRADE REFERENCES: TT Technologies 2020 E New York Street Aurora, IL 60502 Phone: 630-851-8200 Fax: 630-851-8299 North American Composites 4523 Collections Center Dr Chicago, IL 60693-0045 Phone: 800-736-5497 Fax: 651-765-8378 Jeta Corporation P.O. Box 336 Neenah, WI 54957-0336 Phone: 888.380.0805 Fax: 920.486.7078 Attn: Laurie Miller BONDING AGENT: Weible & Cahill 2300 Cabot Drive, Suite 100 Lisle, IL 60532 Phone: 630-245-4600 Fax: 630-245-4601 Ziegler Inc SDS 12-0436 PO Box 86 Minneapolis, MN 55486-0436 Phone: 952-888-4121 Fax: 952-885-8212 Attn.: Diana Rugged Enterprises LLC 4268 Beagle Road White City, OR 97503 Phone: 541-826-8258 Fax: 541-826-8358 Attn.: Patti Foltz EH Wolf & Sons PO Box 348 Slinger, WI 53086 Phone: 262-644-5030 Fax: 262-644-5424 Attn.: Nina Brown Dixie Mat & Hardwood 216 Herring Road Sandy Hook, MS 39478 Phone: 800-927-2059 Fax: 601-876-2977 Attn: Amy Vowell Matteson Communications PO Box 2137 Fond du Lac, WI 54936-2137 Phone: 920-921-8315 Fax: 920-921-5520 Serimax North America 11315 W Little York Rd, bdg #3 Houston, TX 77041 Phone: 832-230-2700 Fax: 713-559-0963 attn.. Tom Newton LIED FELTS July 23, 2013 To Whom it May Concern: ive, ,Marf:rsville, Virgin- 24112 °6} 656- 1909 A WORLD OF FIBRES This letter certifies that Applied Felts manufactured tubes meet the material requirements of ASTM F1216-09 (paragraph 5.1) and ASTM F 1743-08(section 6) as well as meet the minimum strength requirements of ASTM -D5813-04 (paragraph 6.1). All our materials and finished products are tested to ensure suitability to the application. Each liner is typically tested in 28 different ways and traceable test data is available for any particular liner. Applied 'Felts has provided polymer coated felt tubes for use in Cured In Place Pipe (C1PP) lining for more than fifteen years, and supplied materials for the CIPP industry for more than twenty years. Over 72 million feet of our liner has been successfully installed worldwide, of which 60 million feet has been installed in the United States. Our liners are assembled in Martinsville, VA, using only components made in the USA. Applied Felts is a registered ISO 9001:2008 company. Sincerely, w1 /I' -S-8 '� William M. Sanders General Manager City/County of "Q-T%'a-\ Commonwealth of Virginia The foregoing instrument was acknowledged before me thiPG"' -day of s_ ��y 2013 by William M. Sanders. Notaryublic NOTARY PUBLIC My Commission Expires Z Nit- -S D' -�L u REGISTRATION # 206446 COMMONWSALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30, 2014 Certif icate COPY of Registration QUALITY MANAGEMENT SYSTEM - ISO 9001;2008 This is to certify that Applied Felts Inc. 480 College Drive Martinsville Virginia 24112 USA Holds Cerfifrcate No: FM 55755 and operates a Quality Management System which complies with the requirements of ISO 9001:2008 for the following scope: Manufacture of textile products used In pipeline rehabilitation. For and on beha►f of t3S1: Gary Penton, Global Assurance Qiructor Originally Registered: 08/1512000 latest issue. 051`1412012 Expiry Date: 05131/2015 r [AF" � Q> TA=REDflU This certificate remains the property of BSI end shall be rehimed immediately upon requasi. An b email incertijunce can los he scope bo 9f�, a Printed copies can be va!!dated atyvw+x.bsigroup.comlClientDhectory To be read in canjundion vui� the scope abrnre or the alt8chad appendix Inkmnstlon and Contact BSI, Kitemark Court, Davy Avenus, KnoWhill, Milton Keynes MKS BPP. Tel: + 44 848 OSD 9000 BSI Assurence UK Limited, registered in England under number 7805321 at 389 Chinvick Rgh Road, London W4 4AL, UK. A Member of the BSI Group of Companies. Page: 1 of 1 0 W.M. fl Enu[ronnunral, Inc. July 3, 2013 "Common Sense Solutions" 9855 West 78th Street, Suite 400, Eden prairie, Minnesota 55344 To Wham It May Concern: Phone; (952) 9448093 Fax; (952) 944-4399 Cell; (612) 385-4101 This letter certifies that Michels Pipe Services, a division of Michels Corporation, is a certified, licensed and trained installer of the Premier -Pipe process (a CIPP process) as certificated by Premier -Pipe USA. Michels Pipe Services has been a trained and certificated installer since 2002..I.W.M. Environmental, Inc. is the Licensor of Premier -Pipe USA and Premier -Pipe canada. J.W.M. Environmental, Inc. certifies that all CIDP liner installed by Michels Pipe Services meets or exceeds the recognized organization standards of ASTM F1216 latest edition. If you have any questions, please contact me. Sincerely, J.W.M. Environmental, Inc, ?*44 W. Morten, Jr. ent JWM:agh STATE OF MINNESOTA COUNTY OF HENNEPIN Sworn to and subscribed before me, the undersigned notary, on the 3rd day of July, 2013, by James W. Morten, Jr. ANN MARIE 0 Hli.i. NMWGtJ$ltC-M1*"w 11IYCOM[81B89f7M EXPIFB�B 1184 4 Notary Public My Commission Expires; January 31, 2014 t . LIED FELTS Product Information AquaCure® Inversion Aube DESCRIPTION A multiple layer Mt liner with impermeable coating conforming to ASTM -1216. APPLICATION Installation Method: Impregnation Method: CURING METHODS Inversion Vacuum impregnation and pressure rollers Kenn i costing WartuWater < SM Hat Water <9WC steam < 114rc Polyester Polyurethane Yes Yes Yes PVC Yes _ NaA N,'A Vin I Ester Poi urethane NA Yes Yes PVC MA NA NIA Ep2xy Polyurethane Yes Yes Yes PVC I Yes I N,R NIR N/A= Not Applicable N/R= Not Recommended DIAMETER RANGE THICKNESS RANGE AVAILABLE MANUFACTURED LENGTHS Generally (6" to 8011) 1.5mm to 100mm Any length made to order This Product Information sheet gives general information. Exact coating type and thickness will depend on the specific types of resin being used. Please contact our Technical Team for specific advice. 450 College Drive, Martinsville, Virginia 24112 (P) 276-656.1904 (F) 276-656.1909 office@appliedfelts.com LIED FELTS Product Information CadHose Ply - PU Coated Felt Calibration Hose DESCRIPTION A single layer felt liner with impermeable coating used to inflate AquaCure PI I liners and form a permanent composite. Conforms to ASTM -1743. APPLICATION Installation Method: Impregnation Method: Curing Method: Specific installation details: DIAMETER RANGE THICKNESS RANGE Inversion When impregnation is required, by pressure roller with or without vacuum Hot water or steam cured See Liner System Training Documentation AVAILABLE MANUFACTURED LENGTHS 8" to 80" l .5mm to 6.0mm Any length made to order This Product Information sheet gives general information. Exact coating type and thickness will depend on the specific types of resin being used Please contact our Technical Team for specific advice. 450 College Drive, Martinsville, Virginia 24112 (P) 276-656-1904 (F) 276-656-1909 officeQappliedfelts.com VC -1 LIED FELTS Product Information Steam Cure' — Internally PU Coated Felt Lining Materials Contained in Outer PVC Coated Felt DESCRIPTION A felt liner with an impermeable coating on both the inside and the outside conforming to ASTM -1743. APPLICATION Installation Method: Impregnation Method: Curing Method: DIAMETER THICKNESS RANGE AVAILABLE IN MANUFACTURED LENGTHS Pull in by hand or winch Vacuum and rollers Steam (8" to 35") Minimum 4.5mm (8" to IS") O up to maximum 600 LF >(15") 0 up to maximum 450 LF This Product Information sheet gives general information. Exact coating type and thickness will depend on the specific types of resin being used. Please contact our Technical Team for specific advice. 450 College Drive, Martinsville, Virginia 24112 (P) 276-656-1904 (F) 276-656-1909 office@oppliedfeks.com _ . LIED FELTS Product Information AquaCure PP - Pull -in (Drag -in) Liner DESCRIPTION A single or multiple layer liner with impermeable coating conforming to ASTM -1743. APPLICATION Installation Method: Pull in by hand or winch Use PU Coated Ca[Hose PI* to inflate. Impregnation Method: Pressure roller with or without vacuum Coating Types: Polyurethane or PVC Curing Method: Hot water or steam cured Specific Installation Details: See Liner System Training Documentation DIAMETER RANGE 8" to 80" THICKNESS RANGE 3.0mm to I00mm AVAILABLE MANUFACTURED LENGTHS Any length made to order This Product lnfornnation sheet gives general infornsation. Exact coating type and thickness will depend on the specific types of resin being used. Please contact our Technical Team for specific advice. 450 College Drive, Martinsville, Virginia 24112 (P) 276-656-1904 (F) 276-656-1909 office@appliedfelts.com CORPORATION DRIVING INNOVATION. TRANSFORMING CONSTRUCTION. Air/Steam Install & Cure Process INSTALLING PREMIER PIPE USING THE AIR/STEAM METHOD 1. The inversion frame should be placed directly over the pipeline to be lined. A suitable access to the pipeline, i.e.; manhole, pothole or hatch, shall be provided to ensure the liner is not hindered in anyway. 2. A suitable air source is required for maintaining installation and curing pressures. 3. The liner should be transported in a climate controlled vessel to prevent a premature exotherm during transit. 4. The vessel transporting the liner should be placed in close proximity to the inversion frame. 5. After the liner is secured to the inversion frame, a lubricant, such as mineral oil, needs to be applied to prevent friction and aid in the inverting of the liner. 6. Apply air to liner and maintain a pressure within the recommended range of pressures as determined by the manufacturer while the liner is inverting. If the liner stops or is stopped during the inversion; air pressure can be increased or decreased accordingly to resume inverting the liner. 7. Although not necessary, it is recommended that a rope be attached to the tail end of the liner before it goes through the inversion frame. The rope should be used to control the feed rate of the liner. 8. Once the liner has reached the termination point and is up against a suitable restraint, steam can be introduced to begin the curing of the liner. Curing should be performed by manufacturer's recommendations. 9. Following cure liner should be cooled to an interface temperature of 113 degrees Fahrenheit. 10. Following cool down the liner ends can be trimmed and the laterals reinstated. 11. Finally, perform post video inspection of newly installed CIPP liner. Michels Pipeline Construction _ CORPORATION DRIVING INNOVATION. TRANSFORMING CONSTRUCTION. Installation Instructions for Premier Pipe CIPP Water Inversion This is a brief description of the installation process for CIPP utilizing hydrostatic pressure. Prior to the CIPP installation, the host pipe is CCTV inspected to ensure that no conditions exist that could inhibit the process. Once the line is inspected, the CIPP is installed through the inversion process. At the start of the inversion process the liner is fastened and secured to the inversion tower. Thermocouples are installed in the invert of the beginning and ending manholes to monitor temperatures during the curing process. The insertion begins by adding waterto the inverted liner. The pressure of the hydrostatic head allows the liner to invert into the host pipe. Water is added as necessary to maintain a constant head as the liner inverts through the existing pipe. As the liner inverts it will pull a hold -back rope and circulation hoses into the host pipe. The hold -back rope is used to control the rate of inversion. Once the liner is in place, the circulation hoses are connected to a boiler unit, and the water in the liner is heated to the recommended cure temperature. The water temperature is maintained for the recommended time required for a proper cure. Once the curing phase is complete, the cool down process begins. Cold water is circulated through the liner to slowly cool it down. When the cured liner reaches 100 degrees, the line is drained and the ends of the liner are cut and trimmed. After cutting and trimming any laterals are reinstated, and a post liner video inspection of the installed CIPP is completed. PO Box 128 1 817 West Main 5t. I Brownsville, WI 53006 1 920.583.3132 1 www.rnichels.us POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AB Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Karen A Ryan, William Cahill, Esther C Jimenez, Kimberly Sawicki, William P Weible, Deborah A Campbell, Leigh Ann Francis, Kimberly R Holmes, Melissa Newman, Mary Anne Sylos, Ann Marie Waters, Individually of Lisle, IL, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is Walde and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 22nd day of April, 2014. GAS t } WAURq' 0j,",0WMWr0 copper SEAL Continental Casualty Company National Fire Insurance Company of Hartford American Cas ty Company of Reading, Pennsylvania Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this 22nd day of April, 2014, 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 a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. --------------------- J. MOHR 41- NOTARYPUBLIC NNALI SOUTH oAKorA �JJ My Commission Expires June 23, 2015 J. Mohr Notary Public CERTIFICATE I, D. Butt, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have here nto subscribed my name and affixed the seal of the said insurance companies this 29th day of May 2b'14 14 cAstt-, w �at ooavon�r� ,,twq�� z JULY 31. ou SEAL Form F6853-412012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Butt Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED; That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in'an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." PREMIER -PIPE USA Page 2 PREMIER -PIPE USA Peg® 3 y coed vsn adid-UMMMd PREMIER-PIPE USA Page 5 9 QBLd van 3did-NRIME1d PREMIER -PIPE USA �''�' • ' ��iti•�liiiiiiiiliiiiiliii�i<] �"'��'�� ' •�•" ��lii�iil��iiiiiii�iiii♦!;, i" im • �'��i•�iiiiiliiiiiiiiliiii� Fm ' ' ~ ��itritii�]iiiiiiiiiiiiiiiii• ©iiiliiiiiiiii�� 'URI ��iiiiiiiiiiiiiiiiiiia EM3 NMI NMI '''��'��i��f]�7]©�iiiiiiiiiiiiiiiiii♦L7 m �'��itiiiiiiiiiiiiiiiiiiii♦ � = �] ��] �FTZMMMT��itiiiiiiiliiliiliiiii��® -. ®i'��©mEiiiiiiiiiiiiiiiiiiii♦ON0 i�-7 � . -• i ... ��itliiiiiililiiiiiiiiii•� Page7 8 000d VGn 3dldlOIWMdd PREMIER -PIPE UBA MEN maim �M IM #!ilii#ilii!!�!!!�lMK !MMM C s ��it!!!!!#iiiiiiliiiiiii♦im OEM Im • �'��lt��li#iil�!!#i!!!iliii•�C3 Im— • ElmMIMI a�l��!!l�l��l�!!� lID i3 NMI #moi• =!!lI�IDlIillii!!i!!#�iu77 i r�=Mr�!liii!!E MEN im Ims li7 iiiii• immWERMI ll!!ilili!!!i!!lil� THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 in submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and became familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identif;ed 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) aC additional or supp;ementary examinations, investigations, explorations, tests, studies, and data concerning condifions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which -elate 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 da -a are necessary for the determination of this Bid for performance of the Work at the prices) Bid and wi`nin 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. 020145tantec 193802710 004110-1 BID FORM BIDDER: �x DOCUMENT004110 BID FORAM 2014 SANITARY SEWER LINING CITY PROJECT NO. 931 STANTEC PROJECT NO. 193802710 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 in submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and became familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identif;ed 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) aC additional or supp;ementary examinations, investigations, explorations, tests, studies, and data concerning condifions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which -elate 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 da -a are necessary for the determination of this Bid for performance of the Work at the prices) Bid and wi`nin 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. 020145tantec 193802710 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 competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are 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 71.03.11 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID 1 MOBILIZATION LS 1 $ ODD, 0$ a P prO0 2 TRAFFIC CONTROL LS 1 $ /DD 40 $ -10A64 3 BYPASS PUMPING LS 1 $ . DD $ OQ. DO 4 SEWER REHABILITATION WITH CIPP 9" LF 7,825 $ $ 1-7a, 1 0 TOTAL BASE BID $-0�O,�O ®20145ianiec 193802710 004110-2 BID FORM 6.01 Bidder agrees that the Work will be SubstanfioKy Compieted and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the Genera: Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages ?n the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMFITED on _ ice" 3D 2014. Corporation Name: %Sa-S1P_:QER,�mk, C. (SEAL] State of Incorporation: O I ! Type (General Business, Professional, Service, Limited Liability): �E1rJE�gl �i 1$tuESS By:i• { ignature) Name (typed or printed): KLI IM _ EJ EXVI*�D ER Title: i UT Attest (CORPORATE SEAL) 5A (signature of Corporate Secretary) S. SERKETICH, CORPORATE, SEC@ETA12y Business Street Address (No P.O. Box Ws): 1 VWXT&V M.; 111111M., WRIUMI Phone No.: Fax No.: ( La) "CIS+2..359 020145tantec 1 193802710 0041 10-3 Bid FORM An Individual Name (typed or printed): By: (individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: A Partnership Partnership Name: By: Name (typed or printed): (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) 020145tantec 193BD2710 004110-4 BID FORM A Joint Venture Joint Venture Name: [SEAT-] By: 'Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Business Street Address (No P.O. Box #'s): Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign, The manner of signing for ea& individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 0 2014 Stantec 1 193802710 0041 10-5 BID FORM Merchants Bonding Company Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Visu-Sewer, Inc., W230 N4855 Betker Drive„ Pewaukee, WI 53072 as Principal, hereinafter called the Principal, and Merchants Bonding Company a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE as Obligee, hereinafter called the Obligee, in the sum of FIVE Percent of Amount of Bid-----------------------------------------------------------Dollars ($ g %), for the payment of which sum well and truly be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2014 SANITARY SEWER LINING, CITY PROJECT NO. 931 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30TH day of (Witness) James S. Serketich, Corporate Secretary (Witrtess) SIFS-B:D BOND MAY 2014 Visu-Sewer, Inc. (Principal) (seal) Keith All Alexan er, resident (Title) Merchants Bonding Company (Surety) Debbra A. Hinkes, Attorney -in -Fant: (T' y BONDING COMPANY. Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the !aws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, Individually, Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli Of New Berlin and State of Wisconsin their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY-FIVE MILLION (525,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of December, 2013. STATE OF IOWA COUNTY OF POLK as. MERCHANTS BONDI;JG COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7 ;;�� President On this 3rd day of December • 2013, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof. I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. I'y+PinA GRrrIV LT t i�// 1i %">z.r•� .. Commission Number770312 ow My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this -1aZti day of r"wl%i , 2014 POA 0014 (11111) Secretary Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Feb -13 B" 415 Rush City, MN City of Rush City Todd Stelmacher 325 S Eliot Avenue Visu-Sewer, Inc. 13034M Rush City, MN 55069 3155 -104th Lane NE Ray Benolken Blaine, MN 55449 320-358-3142 (763) 252-0004 (763) 252-0008 fax Feb -13 8" 4,650 Humboldt, IA City of Humboldt John Nelson 12" 200 P O Bax 529 VisuSewer, Inc. 13036M Humboldt, lA 50548 W230 N4855 Betker Drive Clint Fishel Pewaukee, WI 53072 515-332-1006 (262)695-2340 (262) 696-2359 fax Feb -13 10" 2,000 Trailer Park In Le Crosse, WI City of LaCrosse Shaun Ritter 400 LaCrosse Street Visu-Sewer, Inc. 13041M LaCrosse, WI 54601 W230 N4855 Betker Drive Scott Dunham Pewaukee, WI 53072 City Project Manager (282) 695-2340 608-789-7505 (262) 6955-2359 fax Mar -13 8" 1,440 St. Charles, MN City of SL Charles John Nelson 830 Whitewater Avenue Visu-Sewer, Inc. 13025M St. Charles, MN 55972 W230 N4855 Betker Drive Kyle Karger Pawaukee, WI 53072 507-932-3020 (262)695-2340 (262) 695-2359 fax Mar -13 8" 320 Brownsdale, MN City of Brownsdale Todd Stelmacher c/o City Hall Visu-Sewer, Inc. 13051M Bnnvnsdale, MN 55918 3155 -104th Lane NE Greg Pfeffer Blaine, MN 55449 507-567-2177 (763) 252-0004 507.438-5037 mobile (763) 252-0008 fax Mar -13 8" 1,147 Stanley, WI City of Stanley Ron Fenney P 0 Box 112 Visu-Sewer, Inc. 13056M 116 E Third Avenue 3155 -104th Lane NE Stanley, WI 54768 Blaine, MN 55449 Dan Meneer (763) 252-0004 715-6445519 (763) 252-0008 fax Apr -13 9" 1,488 Edina, MN Northwest Asphak, Inc. Ron Fenney 1451 Stagecoach Road VisuSewer, Inc. 13060M Shakopee, MN 55379-2797 3155 -104th Lane NE supt. Ray Hawkinson Blaine, MN 55449 952-292-8439 (888)876-8478 (753) 252-0008 fax Apr -13 9" 3,515 Edina, MN Pelda and Sons, Inc. Ron Fenney 18" 290 1482 Dayton Avenue Visu-Sewer, Inc. 13061M St. Paul, MN 55104 3155 -104th Lane NE Tony Deutsch Blaine, MN 55449 651-644-1604 (888) 876-8478 (763) 252-0008 fax Apr -13 8" 2730 Tiffin, IA City of Tiffin John Nelson, Jr P O Box 259 VisuSewer, Inc. 13083M Tiffin, IA 52340 W230 N4855 Betkar Drive Brett Mehman Pewaukes, WI 53072 319545-2572 (262) 695-2340 (262) 695.2359 Fax May -13 9" 1,640 Burnsv?Ile - Friendship Area, MN McNamara Contracting, Inc. Ron Fenney 16700 Chippendale Avenue Visu-Sewer, Inc. 13115M Rosemount, MN 55068 3155 -104th Lane NE Dale Boehne Blaine, MN 55449 812-366-3307 cell (888) 876-8478 651522-5500 office (763) 252-0008 fax Page 1 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing May -13 8' 475 Luck, WI Village of Luck Randy Belanger 401 Main Street Visu-Sewer, Inc. 13111M Luck, WI 54853 W230 N4855 Betker Drive Seth Peterson Pewaukee, WI 53072 715-472-2038 (262)695-2340 (262)695-2359 Fax May -13 Tonka Bay, MN Tonka BaylExcelsiro clo WSB & Assoc Ran Fenney 477 Temperance Street VisuSewer, Inc. 13113M St. Paul, MN 55101 3155 -104th Lane NE Justin Messner/Tonke Bay-Excelcior Blaine, MN 55449 651-286-8465 (888) 876-8478 (763) 252-0008 fax May -13 8' 2249 Elk River, MN City of Elk River Todd Stelmacher 248 Railroad Drive Visu-Sewer, Inc. 13133M Elk River, MN 55330 3155 -104th Lane NE MN JOB Blaine, MN 55449 763-252-0004 763-252-0008 Fax May -13 8" 3660 Lauderdale, MN City of Lauderdale Todd Stelmacher 15' 1039 1891 Walnut Street Visu-Sewer, Inc. 13140M Lauderdale, MN 55113 3155 -104th Lane NE MN JOB David Hinrichs Blaine, MN 55449 651-792-7650 763-252-0004 763-252-0008 Fax May -13 42" 105 Jordan, MN SM Hentges & Sons Inc Todd Stelmacher 650 Quaker Avenue Visu-Sewer, Inc. 13143M Jordan, MN 55352 3155 -104th Lane NE MN JOB Blaine, MN 55449 763-252-0004 763-252-0008 Fax Jul -13 8" 5,535 Blue Earth, MN Ulland Brothers, Inc. Randy Belanger 10' 679 2400 Myers Road Visu-Sewer, Inc. 13175M Albert Lea, MN 55426 W230 N4855 Betker Drive Tony Mason (Ulland Brothers) Pewaukee, WI 53072 507-373.1960 (262) 695-2340 (262)695.2359 Fax Jul -13 8" 4,715 Lakeville, MN Northwest Asphalt, inc. Todd Stelmacher 1451 Stagecoach Road Visu-Sewer, Inc. 13136M Shakopee, MN 55379-2797 3155 -104th Lane NE Tyler Enright Blaine, MN 55449 952-746-5443 763-252-0004 763-252-0008 Fax Jul -13 8" 4,263 City of Orono, MN City of Orono Randy Belanger 2750 Kelley Parkway Visu-Sewer, Inc. 13179M Orono, MN 55356 W230 N4855 Betker Drive Ken Adolf (Bolton & Menk) Pewaukee, WI 53072 952-448-8838 (262)695-2340 (262) 695-2359 Fax Jul -13 81. 2,600 Golden Valley, MN Valley Paving Inc Todd Stelmacher 8800 13th Avenue East Visu-Sewer, Inc. 13218M Shakopee, MN 55379 3155 -104th Lane NE Charlie Borene Blaine, MN 55449 952-445-8615 763-252-0004 763-252-0008 Fax Page 2 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Aug -13 8" 1640 City of Ashland, WI Pember Companies Randy Belanger 18" 387 N4449 46M Street VisuSewer, Inc. 13176M Menomonie, MN 54751 W230 N4855 Becker Drive Eric Pember Pewaukee, WI 53072 mobile 715356-0601 (262) 695-2340 (262) 695-2359 Fax Aug -13 24" 428 City of New Ulm, MN M.R. Paving & Excavation, Inc. Randy Belanger 100 N. Front Street Visu-Sewer, Inc. 13177M New Ulm, MN 56073 W230 N4855 Betker Drive Tony Barden Pawaukee, WI 53072 507-359755 (262) 695-2340 (262) 695-2359 Fax Aug -13 8" 800 Lester Prairie, MN City of Lester Prairie Todd Stelmacher t0" 671 37 Juniper Street North Visu-Sawer, Inc. 13250M Lester Prairie, MN 55354 3155 -104th Lane NE Greg Mueffer Blaine, MN 55449 320-224-1195 763-252-0004 City of New Hope 763-252-0008 Fax Patrick Dunlgan Aug -13 9" 6,172 Prof. #1921 Aquila Ave. & 28th Ave. 4401 Xylon Avenue North VlsuSewer, Inc. 13240M New Hope, MN New Hope, MN 55248 W230 N4855 Betker Drive Chris Long - Stantec Pewaukee, Wi 53072 651-604-0808 (262) 695-2340 (262) 695-2359 Fax Aug -13 8" 990 Cornell, WI City of Comen Todd Stelmacher 300 Park Road Visu-Sewar, Inc. 13267M Cornell, WI 54732 315&1 04th Lane NE John Westaby Blaine, MN 55449 715-239-3717 763-252-0004 763-252-0008 Fax Aug -13 12" 306 Burnsville, MN City of Burnsville Todd Stelmacher 100 Civic Center Parkway Visu-Sewer, Inc. 13284M Burnsville, MN 55337-3817 3155 -104th Lane NE Brian Connolly Blaine, MN 55449 651-336-2016 mob 763-252-0004 763-252-0008 Fax Sep -13 6" 309 Taylors Falls, MN City of Taylors Falls Todd Stelmacher 8" 1,102 637 First Street VisuSewer, Inc. 13294M Taylors Falls, MN 55084-0241 3155 -104th Lane NE Mike Krfz Blaine, MN 55449 651-465-5133 x 32 763-252-0004 783-252-0008 Fax Sep -13 10" 290 Osseo, MN City of Osseo Patrick Dunigan 12" 282 415 Central Avenue Visu-Sewer, Inc. 13328M Osseo, MN 55369 W230 N4855 Becker Drive Kevin Bittner -Engineer Pewaukee, WI 53072 763-433-2851 ext. 2362 (262) 695-2340 (262) 695-2359 Fax Page 3 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Oct -13 8" 2,501 St. Paul, MN City of St. Paul Keith Alexander 10" 5,520 25 West 4th Street - 700 City Hall Visu-Sewer, Inc. 13339M 12" 13,984 St. Paul, MN 55102-1660 W230 N4855 Balker Drive 15" 4,894 Pat Lowery - 612-919-4568 Pewaukee, WI 53072 18" 5,045 (262) 695-2340 21" 1,839 (262)695-2359 Fax 24" 1,296 27" 565 30" 526 36" 274 Oct -13 9" 1,033 SL Louis Park, MN City of St. Louis Park, MN Curt Hoffart 12" 292 5005 Minnetonka Boulevard VisuSewer, Inc. 13366M 18" 551 St, Louis Park, MN 55416-2290 W230 N4855 Betker Drive Kyle Johnons Pewaukee, WI 53072 612-756-4339 (262)695-2340 (262)695-2359 Fax Nov -13 8" 2,021 River Falls, WI City of River Falls, WI Curt Hoffart 222 Lewis Street Visu-Sewer, Inc. 13377M River Fells, WI 54022 W230 N4855 Betker Drive Jeremy Freihammer Pewaukee, WI 53072 715.426-3410 (262) 695-2340 (262)695-2359 Fax Dec -13 8' 320 Albert Lea, MN City of Albert Lea Todd Stelmacher 10" 878 414 Commercial Street Visu-Sewer, Inc. 14004M Albert Lea, MN 56007 3155 -104th Lane NE Brad Pirsig (City) Blaine, MN 55449 507-377-4377 763-252-0004 763-252-0008 Fax Jan -12 9" 4,306 City of Sl. Louis Park, MN City of St. Louis Park Dave Alexander 5005 Minnetonka Blvd. VlsuSewer, Inc. 12001M St. Louis Park, MN 55416-2290 W230 N4855 Betker Drive Jim Olsen Pewaukee, WI 53072 952-924-2552 (262)695-2340 (262)695-2359 Fax Jan -12 8" 1,000 City of Barron, WI City of Barran Justin Leszczynski 1456 East LaSalle Avenue Visu-Sewer, Inc. Barron, WI 54812 W230 N4855 Betker Drive 12003M I Mike Ramsos Pewaukee, WI 53072 715 -537 -3747 -office (262) 695-2340 715-418-1846 cell (262) 695-2359 Fax Jan -12 8" 179 Various City of Moorhead, MN Justin Leszczynski 12" 292 Moorhead, MN P. 0. Box 779 Visu-Sewer, Inc. 12004M 14" 380 Moorhead, MN 56561 W230 N4855 Betker Drive Jody Bertrand Pewaukee, WI 53072 218-299-5388 (262)695-2340 262 695-2359 Fax Jan -12 8" 1,821 Rochester, MN City of Rochester Shaun Ritter 10" 753 201 4th Street SE Visu-Sewer, Inc. 11383M 12" 35 Rochester, MN 55904-3742 W230 N4855 Balker Drive Dean Koutsoukos Pewaukee, WI 53072 507-328-2400 (262)695-2340 (262)695-2359 Fax Page 4 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jan -12 12" 1,460 Fosston, MN Gladen Construction, Inc. Todd Stelmacher 15' 1.460 40739 US 71 Vlsu-Sewer, Inc. 12029M Laporte, MN 56461 7905 Beech Street N E Greg Hall - Gladen Construction Fridley, MN 55432-1762 218-224-2237 (763) 252-0004 (763) 252-0008 Fax Feb -12 8" 2,690 Owatonna, MN City of Owatonna Ron Fenney 540 West Hills Circle Visu-Sewer, Inc. 12045M Owatonna, MN 55060-4794 7905 Beech Street N E Dean Nelson Fridley, MN 55432.1762 507-4442452 (763) 252-0004 (763) 252-0008 Fax Feb -12 8" 5,384 Buffalo, MN RL Larsen Excavating, Inc. Dave Alexander 2255 12th Street SE Visu-Sewer, Inc. 12048M St. Cloud, MN 56304-9075 W230 N4855 Betker Drive Doug Moen Pewaukee, WI 53072 320-654-0709 (262) 695-2340 (262) 695-2359 Fax Mar -12 6" 330 Hamilton, IA - Beeds Lake Park Iowa Dept of Natural Resources Shaun Ritter 8" 3,125 502 F 9th Street Visu-Sewer, Inc. 12047M Des Moines, IA 50319 W230 N4855 Betker Drive Don Labate, P.E. DNR Pewaukee, WI 53072 515-250-3714 (cell) (262) 695-2340 (262) 695-2359 Fax Mar -12 6" 212 Roseville, MN City of Roseville Shaun Ritter B. 19,335 2660 Civic Center Drive Visu-Sewer, Inc. 12077M 10" 187 Roseville, MN 55113 W230 N4855 Betker Drive 12" 11150 Kristine Giga Pewaukee, WI 53072 651-792-7048 (262)695-2340 (262) 695.2359 Fax Mar -12 8" 200 North St. Paul, MN Geislinger & Sons Inc. Shaun Ritter P O Box 347 Visu-Sewer, Inc. 12059M Watkins, MN 55389 W230 N4855 Betker Drive Jeff Geislinger - Project Manager Pawaukee, WI 53072 320-7642006 (262) 695.2340 (262) 695.2359 Fax Mar -12 12" 940 Golden Valley, MN Break School Ron Fenney 123 Ottawa Avenue North Visu-Sewer, Inc. 12074M Minneapolis, MN 55422-5189 7905 Beech Street N E Paul Blasi Fridley, MN 55432-1762 763-381-8242 (763) 252-0004 (763) 252-0008 Fax Apr -12 8" 8200 Huron, SD City of Huron Shaun Ritter 8' add on 4500 239 Wisconsin Avenue SW 10" 428 Huron, SD 57350 Visu-Sewer, Inc. 12084M 12" 441 Lyle Zell Asst. City Engineer W230 N4855 Betker Drive 15" 550 605-353-8510 Pewaukee, WI 53072 18" 2030 (252) 695-2340 20" 866 (262)695-2359 Fax Apr -12 8" 2200 Rogers, MN City of Rogers Shaun Ritter 22350 South Diamond Lake Road Visu-Sewer, Inc. 12085M Rogers, MN 55374 W230 N4866 Betker Drive John Seifert, Pub Wks Superintendent Pewaukee, WI 53072 763-428-0560 (262) 695-2340 (262) 695-2359 Fax Page 5 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Apr -12 8" 465 Wheaton, MN R&R Excavating, Inc. Shaun Ritter 15" 345 1149 Hwy 22 S Visu-Sewer, Inc. 12097M 18" 1474 Hutchinson, MN 55350 W230 N4855 Betker Drive Gunnar Smith Pewsukee, WI 53072 320-587-5918 (262)695-2340 (262) 695-2359 Fax Apr -12 6" 200 Bridgewater, SD Prunty Construction Company, Inc. Dave Alexander 12" 1,464 3120 hwy 14 Bypass VisuSewer, Inc. 12114M Brookings, SD 57006 W230 N4855 Betker Drive Steve Prunty Pewaukes, WI 53072 605-693-3511 (262)695-2340 (262) 695-2359 Fax Apr -12 8" 396 South Side of Main Street City of Stockton Todd Stelmacher Stockton, MN 8600 D Street VisuSewer, Inc. 12115M Stockton, MN 55988 7905 Beech Street N E Chad Larson - Dir of Publ Wks Fridley, MN 55432-1762 507-689-2005 (763) 252-0004 (763) 252-0008 Fax May -12 9" 759 Edina, MN Northwest Asphalt Inc. Todd Stelmacher 1451 Stagecoach Road Visu-Sewer, Inc. 12158M Shakopee, MN 55379-2797 7905 Beech Street N E Supt - Ray Hawkinson Fridley, MN 55432-1762 952-292-8439 (763) 252-0004 (763) 252-0008 Fax May -12 8" 1,964 Taylors Falls, MN City of Taylors Falls Todd Stelmacher 637 First Street Visu-Sewer, Inc. 12164M Taylors Falls, MN 55084 7905 Beech Street N E Bill Neska - P W Supt. Fridley, MN 55432-1762 651465-5133 x25 (763) 252-0004 (763) 252-0008 Fax May -12 V. 1,962 St. Charles, MN City of St. Charles Todd Stelmacher 830 Whitewater Avenue Visu-Sewer, Inc. 12169M St. Charles, MN 55972 7905 Beech Street N E Kyle Karger - P.W. Supt. Fridley, MN 55432-1762 507-932-3020 (763)252-0004 (763) 252-0008 Fax Jun -12 12" 450 Northfield, MN Heselton Construction Todd Stelmacher P O Box 246 Visu-Sewer, Inc. 12176M Faribault, MN 55021 7905 Beach Street N E Thomas Gorman - Proj Mgr Fridley, MN 55432-1762 507.334-3901 (763)252-0004 (763) 252-0008 Fax Jun -12 8' 275 New Germany, MN Wm Mueller & Sons Inc. Todd Stelmacher P. O. Box 246 VisuSawer, Inc. 12177M Hamburg, MN 55339 7905 Beech Street N E Brad Droege Fridley, MN 55432-1762 952467-2720 (763) 252-0004 (763) 252-0008 Fax Jun -12 8" 11800 Caledonia, MN City of Caledonia Shaun Ritter 10" 300 231 E Main Street Visu-Sewer, Inc. 12180M 15" 300 Caledonia, MN 55921 W230 N4855 Betker Drive Mike Davy, P.E. Pewaukee, WI 53072 608-782-3130 (262)695-2340 (262) 695-2359 Fax Jun -12 9" 238 St. Louis Park, MN City of St. Louis Park Todd Stelmacher 7305 Oxford Street Visu-Sewer, Inc. 12203M St. Louis Park, MN 55426 7905 Beech Street N E Bruce Berthiaume - P.W. Supt. Fridley, MN 55432-1762 952-924-2693 (763) 252-0004 (763) 252-0008 Fax Page 6 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -12 18" 630 Blaine, MN City of Blaine Ron Fenney 1801 -1 01si Ave NE VisuSewer, Inc. 12197M Blaine, MN 55449 7905 Beech Street N E Jason Sundeen Fridley, MN 55432-1762 763-2865630 calf (763) 252-0004 (763)252-0008 Fax Jul -12 8" 5,200 Mounds View, MN N. W. Asphalt Inc. Shaun Ritter 1451 Stagecoach Road Visu-Sewer, Inc. 12216M Shakopee, MN 55379-2797 W230 N4855 Betker Drive Tyler Enright wt N.W. Asphalt Pewaukee, WI 53072 952-445-1003 (262)695-2340 (262)695-2359 Fax Jul -12 8" 1,163 Callaway, MN Hough, Inc. Dave Alexander 18262 Old Pit Road Visu-Sewer, Inc. 12232M Detroit Lakes, MN 56502.0002 W230 N4855 Betker Drive Mike Hough Pewaukee, WI 53072 218.647-7391 (262)695-2340 (262)695-2359 Fax Aug -12 18" 1025 Babbit MN Hibbing Excavating, Inc. Ron Fenney 340215th Avenue East Visu-Sewer, Inc. 12260M Hibbing, MN 55746 7905 Beech Street N E Brian Burich Fridley, MN 65432-1762 218-263-7476 (763)252-0004 (763) 252-0008 Fax Aug -12 8" 1033 Wayzata, MN City of Wayzata Todd Stelmacher 299 Wayzata Blvd West Visu-Sewer, Inc. 12168M Wayzata, MN 55391 7905 Beech Street N E Jim Eibenstelner- Utilities Supt Fridley, MN 55432-1762 952-404-5380 (763) 252-0004 (763) 252-0008 Fax Aug -12 9" 441 Burnsville, MN Northwest Asphalt Inc. Todd Stelmacher 1451 Stagecoach Road Visu-Sewer, Inc. 12255M Shakopee, MN 55379-2797 7905 Beech Street N E Grant Boisner- Proj Mgr Fridley, MN 55432-1762 952-445-1003 (763)252-0004 (763) 252-0008 Fax Sep -12 B" 301 Melrose, MN City of Melrose Todd Stelmacher 10" 818 116 North 8th Avenue E Vfsu-Sewer, Inc. 12288M Melrose, MN 56352 7905 Beech Street N E Scott Gilbertson Fridley, MN 55432-1762 320-256-1950 (763)252-0004 (763) 252-0008 Fax Sep -12 8" 1400 Circle Pines, MN Redstone Constriction Justin Leszczynski P O Box 218 VisuSewer, Inc. 12271M Mora, MN 55D51 V42M N4855 Betker Drive Dale Pewaukes, WI 53072 320-6794140 (262) 695-2340 (262) 695-2359 Fax Sep -12 9" 1988 Mendota Heights, MN City of Mendota Heights Dave Alexander 1101 Victoria Curve VisuSewer, Inc. 12306M Mendota Heights, MN 55118 W230 N4855 Betker Drive Ryan Burrows Pewaukee, WI 53072 651-255-1152 (262)695-2340 (262)695-2359 Fax Sep -12 10" 78 Bloomington, MN GF Jedlicki Inc. Ron Fenney 14203 West 62nd Street Visu-Sewer, Inc. 12307M Eden Prairie, MN 55346 3155 104th Lane NE Garrett Jecillold Blaine, MN 55449 952-934-7272 (763)252-0004 (763)252-0008 Fax Page 7 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Oct -12 a" 1901 Burnsville, MN City of Burnsville John Nelson 10" 1254 100 Civic Center Parkway VisuSewer, Inc. 12315M Burnsville, MN 55337-3817 W230 N4855 Betker Drive Jeff Radick Pewaukee, WI 53072 952-895-4418 (262)695-2340 (262) 695-2359 Fax Oct -12 8" 1,380 1 Albert Lea, MN Ulland Brothers, Inc. Todd Stelmacher 2400 Myers Road Visu-Sewer, Inc. 12229M Albert Lea, MN 56007 3155 104th Lane NE Curtis Wadd Blaine, MN 55449 507-383-4986 cell (763) 252-0004 (763)252-0008 Fax Dec -12 8" 4,466 Intersection of 494 & 52 Inver Grove Heights Justin Leszczynski Inver Grove Heights, MN 8168 Barbara Avenue Visu-Sewer, Inc. 12353M Inver Grove Heights, MN 55077 W230 N4855 Betker Drive Jim Sweeney Pewaukee, WI 53072 651-4504309 (262)695-2340 (262)695-2359 Fax Apr -11 9" 5053 Golden Valley, MN Northwest Asphalt, Inc. Shaun Ritter 1451 Stagecoach Road VisuSewer, Inc. Shakopee, MN 55432 W230 N4855 Betker Drive Lance Guentzel Pewaukee, WI 53072 NW Asphalt Project Manager (262) 695-2340 952-445-1003 (262)695-2359 Fax May -11 10" 130 Pioneer Rd & Harrison Street City of Red Wing Shaun Ritter 12" 2,444 Red Wing, MN 229 Tyler Road North Visu-Sewer, Inc. is. 1,788 Red Wing, MN 55066 W230 N4655 Betker Drive Bob Stark, P.E. Pewaukee, WI 53072 651-385-5112 (262)695-2340 (262) 695-2359 Fax Jun -11 8" 2,446 Byron, MN City of Byron John Nelson P 0 Box 1137 VisuSewer, Inc. Byron, MN 55920 W230 N4855 Betker Drive Greg Rud (City of Byron) Pewaukee, WI 53072 507-775-3410 (262)695-2340 (262)695-2359 Fax Jun -11 33" 7100 Maple Grove, MN City of Maple Grove Alex Rossebo W.' 300 9030 Forestview Lane Visu-Sewer, Inc. P O Box 118 W230 N4855 Betker Drive Maple Grove, MN 55311 Pawaukee, WI 53072 Harlan Van Wyhe, PE (262) 695-2340 763494-6358 (262)695-2359 Fax Jun -1 i S. 4043 Sl. Paul, MN City of St. Paul Public Works Kelth Alexander 10" 4880 Division of Sewer Design VlsuSewer, Inc. 12" 7715 25 West 4th Street - 700 City Hail W230 N4855 Betker Drive 15" 4325 St. Paul, MN 55102 Pewaukee, WI 53072 18" 1035 Joe Mueller (262) 695-2340 21" 206 651-266-6149 (262) 695-2359 Fax 24" 542 30" 720 36" 1020 Jun -11 8" 820 City of Taylor Falls, MN City of Taylor Falls John Nelson 637 First Street VisuSawer, Inc. Taylor Falls, MN 55084 W230 N4855 Betker Drive Bill Neska Pewaukee, WI 53072 651-465.5133 (262)695-2340 (262)695-2359 Fax Page 8 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -11 8" 1482 W St Paul, MN Bituminous Roadways, Inc. Keith Alexander 1520 Commerce Drive Visu-Sewer, Inc. Mendota Heights, MN 55120 W230 N4655 Betker Drive Anthony Koop Pewaukee, WI 53072 651-686-7001 (262)696-2340 (262) 695-2359 Fax Jul -11 8" 657 Minnetonka, MN Midwest Asphlat Corporation John Nelson 27" 20 P O Box 5477 Visu-Sewer, Inc. Hopkins, MN 55343 W230 N4855 Betker Drive Matt Timmers Pewaukee, WI 53072 952-259-0256 (262) 695-2340 (262) 895-2359 Fax Jul -11 8" 6961 Ulan, MN Sellin Brothers, Inc. John Nelson 1204 Hobart Street VlsuSewer, Inc. Hawley, MN 56549-0159 W230 N4855 Betker Drive Joel Sellin Pewaukee, WI 53072 218-483-3522 (262)695-2340 (262) 695-2359 Fax Sep -11 12' 749 Mendota Heights, MN City of Mendota Heights Shaun Ritter 1101 Victoria Curve Vlsu-Sewer, Inc. Mendota Heights, MN 55118 W230 N4855 Betker Drive Ryan Ruzek, P.E. Pewaukee, WI 53072 651-452-185D (262) 695-2340 (262) 695-2359 Fax Oct -11 15" 690 Albert Lea, MN City of Albert Lea Shaun Ritter 221 East Clark Street Visu-Sewer, Inc. 11275W-11 Albert Lea, MN 56007 W230 N4855 Betker Drive Chris Lowe, P.E. Pewaukee, WI 53072 507-377-4325 (262) 695-2340 (262) 695-2359 Fax Nov -11 8" 3100 Webasha, MN City of Wabasha Shaun Ritter 10" 1700 900 Hiawatha Drive VisuSewer, Inc. 11292M-11 12" 1200 Wabasha, MN 55981 W230 N4855 Betker Drive Bill Anderson, P -E. Pewaukee, WI 53072 507-288-6464 (262) 695-2340 (262) 695-2359 Fax Nov -11 8" 519 Mayer, MN City of Mayer Todd Stelmacher 413 Biuejay Avenue Visu-Sewer, Inc. 11356M Mayer, MN 55360 W230 N4855 Betker Drive Jeff Frost -Public Works Pewaukee, WI 53072 952-657-1502 (262)895-2340 (262) 695-2359 Fax Dec -11 9" 160 Richfield, MN Frledges Contracting, Inc. Tadd Stelmacher 21980 Kenrick Avenue Vlsu-Sewer, Inc. 11381M Lakeville, MN 55W 7905 Beech Street N E Doug Ims Fridley, MN 55432-1762 952-469-2121 (763) 252-0004 (763) 252-0008 Fax Feb -10 15", 21 "? 480 Collegeville, MN Saint John's University Matt Loberg P 0 Box 7299 Visu-Sewer, Inc. Collegeville, MN 56321 7905 Beech St. N.E. Gary Jorgensen Firdk3y, MN 55432.1762 320-363-3303 (763)252-0004 (763) 252-0008 Mar -10 6" 762 Belview, MN City of Beiview Matt Loberg 202 S. Main Street VisuSewer, Inc. Belview, MN 56214 7905 Beech St. N.E. Mario Sander (Mayor) Firdley, MN 55432-1762 507-9364408 (763) 252-0004 (763) 252-0008 Page 9 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Apr -10 8" 1,745 City of Taylor Falls, MN City of Taylor Falls Matt Loberg 637 First Street Visu-Sewer, Inc. Taylor Falls, MN 55084 7905 Beech St. N.E. Bill Naska Firdley, MN 55432-1762 651-465-5133 (763) 252-0004 (763) 252-0008 Apr -10 6- 568 Burnsville, MN Palda & Sons, Inc. Matt Loberg 9" 1,939 1462 Dayton Avenue Visu-Sewer, Inc. 12" 122 St. Paul, MN 55104 7905 Beech St. N.E. Jay Palda Firdley, MN 55432-1762 651-644-1604 (763) 252-0004 (763) 252-0008 Apr -10 8" 463 Hopkins, MN Kuechle Underground Matt Loberg 20 Main St. N VisuSawer, Inc. P. O. Box 509 7905 Beach St. N.E. Kimball, MN 55353 Firdley, MN 55432-1762 Jeremy Kuechle (763) 252-0004 320398-8888 (763) 252-0008 May -10 8" 341 Mankato, MN City of Mankato Matt Loberg 10 Civic Center Plaza Visu-Sewer, Inc. Mankato, MN 560023368 7905 Beech St. N.E. Jeff Johnson - City Engr Firdley, MN 55432-1762 507-3873631 (763) 252-0004 (763)252-0008 May -10 42' 101 Maple Grove, MN Interstate Improvement, Inc. Matt Loberg 16871 Canby Ave - P O Box 8 Visu-Sewer, Inc. Faribault, MN 55021 7905 Beech St. N.E. Jerry Manger Firdley, MN 55432-1762 507-333.2677 (763) 252-0004 (763) 252-0008 May -10 8" 381 New Prague, MN Chard Tiling & Excavation, Inc. John Nelson 15" 37 26239 State Hwy 25 Visu-Sewer, Inc. Belle Plaine, MN 56011 W230 N4855 Betker Drive Marty Jedlicki Pewaukee, Wl 53072 952-873-6152 (262) 695-2340 (262) 695-2359 Fax May -10 12" 1,520 Village of St. Anthony, MN Nodland Construction Company Shaun Ritter 322 E Fairgrounds Road VisuSewer, Inc. Box 338 W230 N4855 Betker Drive Alexandria, MN 56308 Pewaukee, WI 53072 Dave Wegner (262)695-2340 320-763-5159 (262)695-2359 Fax May -10 8" 4,933 Eyota, MN Swenke Construction Inc. Shaun Ritter 103-1/2 W. Main VisuSewer, Inc. Kasson, MN 55944 W230 N4855 Betker Drive Lonny wlSwenke Construction Pewaukee, WI 53072 612-845-4184 (262)695-2340 (262) 695-2359 Fax May -10 12" 290 Albert Lea, MN City of Albert Lea Keith Alexander 221 East Clark Street VisuSewer, Inc. Albert Lea, MN 56007-2496 W230 N4855 Betker Drive Christopher D. Lowe, E.I.T. Pewauke% WI 53072 Project Engineer (262) 695-2340 507-377-4325 (262) 695-2359 Fax Jun -10 9' 2295 Golden Valley, MN Northwest Asphalt, Inc. MattLoberg 1451 Stagecoach Road Visu-Sewer, Inc. Shakopee, MN 55379-2797 7905 Beech St. N.E. off. - Grant Firdley, MN 55432-1762 952-445-1003 (763)252-0004 (763) 252-0008 Page 10 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -10 8" 4844 City of Prior Lake, MN City of Prior Lake Shaun Ritter 17073 Adeimann St. S.E. VisuSewer, Inc. Prior Lake, MN 55372 W230 N4855 Betker Drive Craig Eldred Pawaukee, WI 53072 952-447-9891 (262) 695-2340 (262) 695-2359 Fax Jul -10 8" 452 Duluth, MN Northland Constructors, LLC Matt Loberg 4843 Rice Lake Road Visu-Sewer, Inc. Duluth, MN 55803 7905 Beech St. N.E. Nathan Fox Firdiey, MN 55432-1762 218-722-8170 (763) 252-0004 (763) 252-0008 Aug -10 8" 510 25th St NW Kuechle Underground Inc. Shaun Ritter City of New Brighton, MN 10998 State Hwy 55 Visu-Sewer, Inc. Kimball, MN 55353 W230 N4855 Betker Drive Jeremy Kuechle Pewaukee, WI 53072 320-398-0888 (262) 695-2340 (282) 695-2359 Fax Aug -10 12" 375 Falcon Heights, MN City of Falcon Heights, MN Shaun Ritter 2077 W Larpenteur Avenue VlsuSewer, Inc. Falcon Heights, MN 55113-5594 W230 N4856 Betker Drive Kristine Giga Pewaukee, WI 53072 651-792-7048 (262)695-2340 (262) 695-2359 Fax Aug -10 12" 60 Albert Lea, MN Heselton Construction John Nelson 680 NW 24th Street Visu-Sewer, Inc. Faribault, MN 55021 W230 N4855 Betker Drive Tom Gorman Pewaukee, WI 53072 507-334-3901 (282) 695-2340 (262) 695-2359 Fax Sep -10 9" 5,987 St. Louis Park, MN City of St. Louis Park Shaun Ritter 5005 Minnetonka Blvd Visu-Sewer, Inc. St. Louis Park, MN 55416 W230 N4855 Betker Drive Jim Olson Pewaukee, WI 53072 952-924-2552 (262)695-2340 (262) 695.2359 Fax Sep 10 8" 985 Cold Spring, MN City of Cold Spring Shaun Ritter 10" 2,130 27 Red River Avenue South VisuSewer, Inc. Cold Spring, MN 56320 W230 N4855 Betker Drive Michael Nelson Eng Proj Mngr Pewaukee, WI 53072 320-665-5300 (262) 695-2340 (262) 695-2359 Fax Oct -10 8" 188 Mendota Heights, MN City of Mendota Heights Shaun Ritter 10" 303 1101 Victoria Curve Vla -Sewer, Inc. 12" 262 Mendota Heights, MN 55118 W230 N4855 Betker Drive 24" 187 Ryan Ruzek P.E. Pewaukee, WI 53072 651-452-1850 (262) 695-2340 (262) 695-2359 Fax Nov -10 10" 150 Forensic Sciences Building NAC Matt Loberg 530 Chicago Ave 1001 Labore Industrial Court Visu-Sewer, Inc. Mlnneaporis, MN 55415 Vadnais Heights, MN 55110 7905 Beech St. N. E. Lynn Bishop (NAC) Firdlay, MN 55432-1762 651-255-3550 (763) 252-0004 (763) 252-000B Nov -10 8" 7581 Cloquet, MN City of Cloquet Shaun Ritter 1307 Cloquet Avenue Visu-Sewer, Inc. Cloquet, MN 55720 W230 N4855 Betker Drive James Prusak - DPW Pewsukee, WI 53072 218-879.6758 Office (262) 695-2340 (282) 695-2359 Fax Page 11 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Nov -10 7" 328 Red Wing, MN City of Red Wing Shaun Ritter a" P686 229 Tyler Road North VisuSewer, Inc. Red Wing, MN 55066 W230 N4855 Betker Drive Bob Stark P.E. Pewaukee, WI 53072 651-3855-5112 (262) 695-2340 (262)695-2359 Fax Nov -10 8" 1,809 Park Rapids, MN R. L Larson Excavating, Inc. Shaun Ritter 2255 12th St SE VisuSewer, Inc. SL Cloud, MN 56304 W230 N4855 Balker Drive Gregg - Project Manager Pewaukee, WI 53072 320-654-0709 (262) 695-2340 (262)695-2359 Fax Nov -10 V. 378 Byron, MN Ellingson Companies Matt Loberg 56113 State Highway 56 Visu-Sewer, Inc. West Concord, MN 55985-0068 7905 Beech St. N.E. Jeremy Ellingson Firdley, MN 55432-1762 507-259-6893 (763)252-0004 (763)252-0008 NOV-10 8" 5,333 Columbia Heights, MN City of Columbia Heights Matt Loberg 637 - 38th Avenue NE VisuSewer, Inc. Columbia Heights, MN 55421 7905 Beech St. N.E. Kevin Hansen Firdley, MN 55432-1762 763-706-3705 (763)252-0004 (763)252-0006 Dec -10 8" 4,459 Bayport, MN City fo Bayport Ron Fenney 294 N. 3rd Street VisuSewer, Inc. Bayport, MN 55003 7905 Beech St. N.E. Mel Horak Firdley, MN 55432-1762 651.275-4410 (763)252-0004 (763)252-0008 Dec -10 9" 2,640 Woodbury, MN City of Woodbury Matt Loberg 2301 Tower Drive VisuSawer, Inc. Woodbury, MN 55125-3330 7905 Beech St. N.E. Firdley, MN 55432-1762 (763) 2520004 (763) 252-0008 Dec -10 8" 1,067 City of Lakevill, MN City of Lakeville Matt Loberg 20195 Holyoke Avenue Visu-Sewer, Inc. Lakeville, MN 55044 7905 Beech St. N.E. Ken Seurer Firdley, MN 55432-1762 952-985-4581 (763)252-0004 (763)252-0008 Jan -09 8" 446 Proctor, MN City of Proctor Dave Alexander 100 Plonk Drive VisuSewer Clean & Seal, Inc. Proctor, MN 55810 W230 N4855 Becker Drive Jamie Mehle 218-279-3009 SHE Eng. Pewaukee, WI 53072 (262)695-2340 (262)695-2359 Fax Mar -09 10" 5198 Golden Valley, MN Pelda & Sons, Inc. Keith Alexander 1462 Dayton Avenue VlsuSewer Clean & Seal, Inc. St. Paul, MN 55104 W230 N4855 Balker Drive Jay Palda Pewaukee, WI 53072 651-644-1604 (262)695-2340 (262)695-2359 Fax Apr -09 V. 4816 Moundsviews, MN North Valley, Inc. Ronald Fenney 20015 Iguana St. NW - Suite 100 VisuSewer, Inc. Nowthen, MN 55330 7905 Beach St. N.E. Brad Schmidtbauer Fridley, MN 5543 2-1 762 763-274-2580 (763) 252-0004 (763) 252-0008 Fax Page 12 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Apr -09 9" 4,662 Eagan, MN City of Eagan Dave Alexander 3501 Coachman Road VisuSewer Clean & Seal, Inc. Eagan, MN 55122 W230 N4855 Betker Drive Charlie Borash Pewaukee, WI 53072 651-075-5200 (262) 6955-2340 (262) 695-2359 Fax Apr -09 15" 165 Hammond, IN Gatlin Plumbing & Heating, Inc. Dave Alexander 111 East Main Street Visu-Sewer Clean & Seal, Inc. JL JOB Griffith, IN 46319-2897 W230 N4855 Betker Drive Matt Murphy Pewaukee, WI 53072 708-237-0340 (262) 695-2340 (262) 695-2359 Fax May -09 8" 870 City of St. Louis Park, MN City of St. Louis Park Matt Lobarg 3752 Wooddale Avenue Visu-Sewer, Inc. St. Louis Park, MN 55416 7905 Beech St. N.E. Bruce Berthlaume Fridley, MN 55432-1762 952-924-2557 763252-0004 763-252-0008 Fax May -09 9" 3044 Burnsville, MN McNamara Contracting, Inc. Ronald Fenney 12" 1309 16700 Chippendale Avenue Visu-Sewer, Inc. Rosemount, MN 55068 7905 Beech St. N.E. Dale Boehne - McNamara Fridley, MN 55432-1762 cell 612-366-3307 763-252-0004 763-252-0008 Fax May -09 8" 400 Jordan, MN Chard Tiling & Excavation, Inc. Ronald Fenney 26239 State Hwy 25 Visu-Sewer, Inc. Belle Piaine, MN 56011 7905 Beech St. N.E. Marty Jedlicki Fridley, MN 55432-1762 952-873-0152 763-252-0004 763-252-0008 Fax Jun -09 6" 850 Shelly, MN Hough Inc. of Detroit Lakes Dave Alexander 8" 9555 18262 Old Pit Road VISuSewer Clean & Seal, Inc. Detroit Lakes, MN %501 W230 N4855 Betker Drive Mike Hough Pewaukee, WI 53072 218.847-7391 (262)695-2340 (262) 695-2359 Fax Jun -09 8" 5,900 St. Hilaire, MN Hough Inc. of Detroit Lakes Dave Alexander 18262 Old Pit Road Visu-Sewer Clean & Seal, Inc. Detroit Lakes, MN 56501 W230 N4855 Balker Drive Jarda Solc - Floan Sanders Pawaukee, WI 53072 218-7731185 (262) 695-2340 (262) 695-2359 Fax Jun -09 8" 375 Apple Valley, MN Minnesota Zoo do S E H Ronald Fenney 15" 1,600 Attn: Kevin Newman VisuSewer, Inc. 701 Xenia Ave. - Sidle 300 7905 Beech St. N.E. Minneapolis, MN 55416 Fridley, MN 55432-1762 S. E H - Kevin Newman 763-252-0004 612360-1303 76-1-252-0008 Fax Jun -09 8" 1,047 Underwood, MN Delzer Constriction, Inc. Shaun Ritter 3208 East Fr Avenue VisuSewer Clean & Seal, Inc. Fergus Falls, MN 56537 W230 N4855 Betker Drive Kyle- Project Manager Pewaukee, WI 53072 218-739-6507 (262)695-2340 (262) 695.2359 Fax Jun -09 12" 664 Woodbury, MN Tower Asphalt, Inc. Dave Alexander 18" 317 15001 Hundson Road VisuSewer Clean & Seal, Inc. 30" 200 Lakeland, MN 55043 W230 N4855 Betker Drive Paul Schaefer Pawaukee, WI 53072 651-43648444 (262) 695-2340 (282) 695-2359 Fax Page 13 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Jul -09 12" 550 Chaska, MN City of Chaska Matt Loberg 660 Victoria Drive VisuSewer, Inc. Chaska, MN 55359 7905 Beech St. N.E. Dean Hylland Fridley, MN 55432-1762 952-227-7733 763-252-0004 763-252-0008 Fax Aug -09 8" 295 Cold Spring, MN City of Cold Spring Matt Loberg 27 Red River Ave South Visu-Sewer, Inc. Cold Spring, MN 56320 7905 Beech St. N.E. Paul Hoeshen Fridley, MN 55432-1762 320-685.3524 763-252-0004 763-252-0008 Fax Sep -09 B" 1670 Norwood Young America, MN City of Norwood Young America Shaun Ritter 10 First Avenue NE, P. O. Box 59 Visu-Sewer Clean & Seat, Inc. Norwood Young America, MN 55368 W230 N4855 Betker Drive Brian Simmons - Bolton & Monk Inc. Pewaukee, WI 53072 952-448-8838 (262) 695-2340 (262) 695-2359 Fax Sep -09 8" 515 City of Red Wing, MN City of Red Wing Matt Loberg 229 Tyler Rd N VisuSewer, Inc. Red Wing, MN 55066 7905 Beech St. N.E. Steve Thorns Fridley, MN 55432-1762 651-388-6734 763-252-0004 763-252-0008 Fax Sep -09 8" 1,099 Arden Hills, MN City of Arden Hills/Roseville Dave Alexander 2660 Civic Center Drive VisuSewer Clean & Seal, Inc. Roseville, MN 55113-1899 W230 N4855 Betker Drive Greg Hoag Pewaukee, WI 53072 651-792-7847 (262)695-2340 (262) 695-2359 Fax Sep -09 10" 861 Albert Lea, MN Sorenson Brothers Dave Alexander P. O. Box 246 VlsuSewer Clean & Seal, Inc. Albert Lea, MN 56007 W230 N4855 Betker Drive Randy Pawaukee, WI 53072 507.373-6122 (262) 695-2340 (262) 695-2359 Fax Sep -09 8" 4,062 Columbia Heights, MN City of Columbia Heights Shaun Ritter 10" 281 637 38th Avenue NE VisuSewer Clean & Seal, Inc. Columbia Heights, MN 55421 W230 N4855 Betker Drive Kevin Hansen Pewaukee, WI 53072 Director of Public Works (262) 695-2340 763-706-3700 (262)695-2359 Fax Sep -09 8" 2,100 Various locations In City of Walker Matt Loberg City of Walker, MN 511 Frorrt St. West VisuSewer, Inc. Walker, MN 56484 7905 Beech St. N.E. Nic Zubke Fridley, MN 55432-1762 218-5475500 763-252-0004 763-252-0008 Fax Oct -09 36" 340 St. Cloud, MN Lunda Construction Company John Nelson 42" 561 P. O. Box 288 Visu-Sewer Clean & Seal, Inc. Schofield, WI 54476 W230 N4855 Betker Drive Mike Nell Pewaukee, WI 53072 715-355-4848 (262)6W2340 (262) 695-2359 Fax Oct -09 8" 1704 Attkin, MN City of Aitkin John Nelson 10" 384 109 1 st Avenue NW Visu-Sewer Clean & Seal, Inc. 12" 347 Aitkin, MN 56431 W230 N4855 Betker Drive 15" 400 Bob Nicko Pewaukee, Wl 53072 218-927-0121 (262) 695-2340 (262) 695-2359 Fax Page 14 Visu-Sewer, Inc. 5 -yr 2009-2013 National Liner Reference Listing Oct -09 8" 356 City of Forest Lake, MN City of Forest Lake Matt Loberg 29350 Forest Blvd. N. VisuSawer, Inc. Forest Lake, MN 55025-2699 7905 Beech St. N.E. Mike Tate Fridley, MN 55432-1762 651-464-4348 763-252-0004 763-252-0008 Fax Nov -09 S. 356 Plainview, MN City of Plainview, MN Shaun Ritter 18" 870 241 W. Broadway Visu-Sewer Clean & Seal, Inc. Plainview, MN 55964 W230 N4855 Betker Drive Tim Hruska,P.E. Pewaukee, WI 53072 507-2883923 (262)695-2340 (262) 695-2359 Fax Dec -09 8" 2125 Wabashe, MN City of Wabasha Utilities Commission Shaun Ritter 10" 650 900 Hiawatha Drive, East VlsuSawer Clean & Seal, Inc. Wabasha, MN 55981 W230 N4855 Betker Drive Bill Anderson, P.E. Pewaukee, WI 53072 507-288-6464 (262)695-2340 (262)695-2359 Fax Page 15 �~ BIDDER. Insituform Technologies USA, LLC DOCUMENT 00 41 10 BID FORM 2014 SANITARY SEWER LINING CITY PROJECT. NO, 931 STANTEC PROJECT NO. 193802710 NEW HOPE, M NNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter X00 vim.- c Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familicr with and is satisfied as to all federal, state, and local Laws and Regulat;ons that may affect cost, progress, ar•d 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 orsubsurface 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 acing 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 oerformance 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 Stantec 1173802710 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 competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following p6ce(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 1 1.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for ail Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID 1 1 MOBILIZATION LS 1 $ :31 typo •c�D $ 5, aor�.ao 2 TRAFFIC CONTROL LS 1 $ C2 D $ 3 BYPASS PUMPING LS 1 $ Al ooC' DCa $If 000-c c.) 4 SEWER REHABILITATION WITH CIPP 9" LF 7,825 $ ;2j` oo $ / 7a Io•ov TOTAL BASE BID $1-7q,� ® 2014 Stantec 1193802710 0041 10-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Fina. 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 compete 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: A Corporation, SUBMFTED on May 30, . 2014. Corporation Name: Tnsitufarm Technolo 'eg1 s USA, LLC (SEAL) State of Incorporation: Delaware Type((ral Busine s, P sional, Service, Limited Liability): By: — (Signature) Limited Liability Company Name (typed or printed): Title: Co act' g Attesting Officer 7 Attest (CORPORATE SEAL) Denise Carroll, Assistant Secretary(Signature of Corporate S retary� Business Street Address (No P.O. Box #'s',: 17988 Edison Avenue Chesterfield, MO 63005 636-530-8000 636.530-8701 Phone No.: Fcx No., jlause@insituform.com Ernail: ®20145tantec 1 193802710 0041 10-3 BID FORM An Individual Name (typed or printed): By. Doing business as: NIA (Individual's signature) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: A Partnership NIA Partnership Name: By: (Signature of genera] partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: {SEAL] EAL] ® 2014 Stantec 1193802710 0041 10-4 BID FORM A Joint Venture NIA Joint Venture Name: _ (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: (Signature of joint venture partner) Business Street Address (No P,O. Box Ws): Fax No.: Phone No.: Fax No.: EAL) Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, par+nership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 02014Stantec 1193802710 0041 .0-5 311) FORM INSrYUFORM TECHNOLOGIES VSA, LLC Assistant Secreta 's Certificate The undersigned, being the Assistant Secretary of Insituform Technologies USA, LLC, Delaware limited liability company (the "Company'l, hereby certifies that: The following individuals have been appointed by the Board of Managers to serve in the office of the Company set opposite their respective names: Name Office H. Douglas Thomas Vice President Joann Smith • Assistant Secretary Denise Carroll Assistant Secretary 2. The following is a true and correct excerpt from the Limited Liability Company Agreement of the Company: AMointrnents by the President. The President of the Company may from time to time appoint officers of the Company's operating divisions, and such contracting and attesting officers of the Company as the President may deem proper, who shall have such authority, subject to the control of the Board of Managers, as the President may from time to time prescribe. The President of the Company has, pursuant to the above authority, duly appointed Joann Smith, Denise L. Carroll, Debra Jasper, Jana Lause and Diane Partridge as Contracting and Attesting Officers of the Company. Each of the foregoing have been fully authorized and empowered by the President of the Company (i) to certify and to attest the signature of any officer of the Company, (ii) to enter into and to bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company, (iii) to execute and to deliver documents on behalf of the Company, and (iv) to tape such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. IN WITNESS WHEREOF, I have hereunto arced my name as Assistant Secretary this 1" day of January, 2014. INSMTORM LLC Office of the Minnesota Secretary of State Foreign Umffsd Llabillty Company I Certificate of Autha ft to Transact Business In Minnesota Mb+lzdv &*ft. C*npier 3i2B Read the lastmcdons before empleftZ this togas. Fftj Fee: SIKW This Certifieate otAuthority has been approved pursuant to Hirerreente &awjw, Chapter 322B. By filing flus Certificate otAathority, the company eertttrm that it has compiled with the ortanisadoq laws in the jurladietion of lb organisaiiom. I. The legal name ofthis coraparry Who Home Jurisdiction; (Itapred) N&TUP0HM T1iCIt1TO JES USA. id.0 2. The alter name under which the company will do busioess in bliuucaota, if diff then dw legal name listed above: 3. Homo Jrmisr oa Qtogvired) Delaware 4. hist the Eghadoa date of c =pW: (Requited) Perpetual Peipetuai orMonthlDay/Xaar 5. The name and address of the rmgWare i agent and iegisWed office in the State of 11immesota: (Reguind) Corporatim Sm4ce Company Pull Name of Relgistered Agent 380lames Street; Suite 700 St. ?ad 11tNT fi8I 0I b. Home addmas cflhe ofix in the jaws Uctic m where LLC is organi=d. 2711 Centerville Road, Suite 400 Wumingt3on DE 10508 Street Address f. PO Boz by rtseVis mfaowpWk) city Stere Tap Cade 7. Pfindi al 18aoc of Business Addra : (Required ONLY if thara is no home address in the home jurisdiction) 17988 Edison Ave. Chestmfwd MO 63005 SUM Address (APO Bou by irseif is nntaaaepwbk) City Stste Zip Code 8. X the undn�' certify that I am AWAS this document as the peraon whose signshme is mquiwd, or as agent of the perm(p) whose signeire would be z Whad who has authorised mo to sign this docimmeat m his&w behalf at in both capacities. I hdhor certify that l have completed all roTakod fiAk and that the in&m s&n in this doamremt is lane and coned and is compBa m whir the applicable mar of Hina ria Staitrles. l undentand $rat by signing thus doornaant Lam ofpcqury as ser forth in Section 609.48 as if I ha signd this d= t under, oadh. i r j j Siguatrm olAudmized Person or Audunized Agent DaUa WE OF MINNW FILED �v RO+ ofr �.... �:, .., ........ .. .... i i L...... .. f•.. . �. ... Office of the Minnesota Secretary of State Forte Corporation or Cooperativa I Cad flcate of Vlllthdrawal A9"rnaefa &W'W r. ChvA r 303 head the Inshmdons before compleft thin harm. Rang Fee Mia L Name of Caspamtion in Hanna rutisdiodoa: (Requmed) INSPI7]F'OBM7SC HNOLOOIES UL% INC. 2. A bmw to Name used int Minnesota, if applicable: Mil 9. Hmm mon: (Itequ� bvlewsre 4. The corpm&dM auWOd2W to it=Oct basincss in Mirm=h6 haeby splice for a mtficate ofwithdrawaL Thie ratpom ion has no property located is Uhmesots and has ceased to transact business in Mimrasota. (RegWree S. The Hoard of miracles O f'the corporation has decided to anx=der its authority to it umu t busineeg in bfimmois nd revokes the mAmity ofits mastered egg to accept service ofprocess. 6. Any ptnceez that may be eaved upon the S=vtary of State of Minnesota ager the vQith kmat cf this omposadon fipm- MkMeft sbould be tbrwaded to: (Required) iusftnfonu Techaolaffm USA, LLC Nems 1799REdWmAve. Chatcrfield MO OWS AddreasCity State Zip Code 7. Tim eogmndots hetaby protaises to pay to tl;e commissioner of lydanagcm,oat and Budget any additional llamas: i4dr found by the SecreWy of State to bo due and owing. 8. I, the undersigned, cattify that 1 smsignivg this document as the person whose signature is regukK or as agmt-ofthe peszon(s) whose dp aturo would be required who bas authorized we to sign this dootmunt an hislher behalf, or in bode capacities. T fitrti cr cuxtify that i have congd tmd all required fields, and that the infornWon to this document is true and correct and in compliance with the applicable chapter of Mhmmta Statutes. I understand that by signing this doe mmt I am subjeet to d openawas OKJWa>i eat fotth in Seosiou 609.48 as if I had signed this doom ent under oath. cS .r n 4, xod v(ATE OF MINN68M Signatare of Plesidenk Vice Pres., Secy, Ass'# e'y or Authorized Agent Date � C � EmailAddress for officisi Katiees N 2 3 2012OILG Ent= an crosil address to which the Saactmy of State can forward official notices requirzd by law and other JAN *40 h 7 yo! ❑ Choe3c beme to have your email address awludad horn r,egoests for bulk data, to the eccieat allowed by Miaaesota Iaw. List a name cad daytime phone naarber M a person who cats he contacted about this forth; Canteet Name Phone Number dP1PIAdivwaldmJZO iU1 Delaware PAGE 1 I, JEFFREY W_ BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE ATTACKED I3 A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE CORPORATION UNDER THE AGM OF "INSITUFORM TECHNOLOGIES USA, INC. " TO A DELAIVARE LIJirITED LIABILITY COmpANY, CBANGx NG ITS mm FROM "INSITUFORM TECFRVOLOGIES USA, INC."' TO "INSITUFORM TECHNOLOGIZS DSA, LLC", FILED IN TRIS OFFICE DN TBE THIRTIETH DAY OF DECEMBER, A.D. 2011, AT 11:35 O'CLOCK A.M. AND I DO HEREBY FVR!VRZR CERTIFY TKAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF CONVERSION IS THE THIRTY-FIRST DAY OF DECEIVER, A.D_ 2011, AT 11:58 O'CLOCK P.M. 2024080 8I00V 111355550 You -ayverity this aertitleate ontane at corp. do, mare.gov/authrer.sht-2 letfY W. miock, Secretary of state AUTHE TION: 9264916 DATE: 12-30-11 Delaware .� s the 7irst State Ir JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY TEAT TRE ATTACHED IS A TRUE AND CORRECT COPY OF CERTIFICATE OF FORmArXON OF "INSITUFORM TECHNIOZOGIES USA, LLC" FILED IN TATS OFFICE ON TBE THIRTIETH DAY OF DECKHMM, A.D. 2011, AT 12:35 O'CLOCK A.N. AND I DO HEREBY FURTHER CERTIFY TEAT THE EFFECTIVE DATE OF TBE ' AFORESAID CERTIFICATE OF FORINATION IS THE TKZRTY-FIRST DAY OF DECEBMER, A.D. 2011, AT 11:58 O'CLOCK P.N. 2024080 8100v 111355550 You may verify this certificate anima at corp.dolavare.gov/authwr.ahtz Jeffrey W. Bullock, Secretary of State AUTB TION: 9264916 DATE: 12-30-11 AIA Document A31OTM .2010 Bid Bond CONTRACTOR: (Name, legal status and address) INSITUFORM TECHNOLOGIES USA, LLC 17988 Edison Avenue Chesterfield, MO 63005 OWNER: (Name, legal status and address) City Of New Hope 4401 Xylon Avenue North New Hope, MN 55428 BOND AMOUNT: Five Percent of the Amount Bid SURETY: (Name, legal status and ncipal place of business) bird This document has Travelers Casualty Surety Company Of important legal America consequences. One Tower Square Consultation with an Hartford, CT 061 B3 attorney is encouraged with respect to Its Mail Notices To: completion or modification. Travelers Attn: Inez Meyerholz— Bond Claims Any singular reference to One Tower Square 2S1A Contractor, Surety, Hartford, CT 069 83 Owner, or other party shall be considered plural where applicable. ---------------- dollars ($ 5% of Amount Bid) PROJECT: 2014 Sanitary Sewer Relining, City Project No. 931 (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signediprid seal this 30th day of May, 14. III �JA (Witness) Denise Carroll Assistant Secretary u (grin paq (sea►) (Title) JanaIsuse Ccevtsactiug & AUmft Dffiolx Travelers Casualty And Surety Company Of Amerll c l (Surety) (Seal) (Title) Debra A. Woodard, Atforney-ln-Facf HL AIA Document A310rm— 2010. Copyright @1963,1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document. or any portion of it, may result in severe civil and criminal pe;ialties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violatlons of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, cogyrIgbtQaIa.0rQ. 001110 State of Missouri County of St. Louis On 5/30/2014 ' 13012014, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Debra A. Woodard known to me to be Attorney -in - Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. l Barbarra E�chhold, Notary U BARBARA BUGHHOLt3 Notary Pubk-� Notary Seal STATE OF MISSOURI Sf. Chanes County My Commission Expires; Sept. 7, 20'14 My Commission Expires: Commission 010430636 WARNING: THIS POWER OF ATTORNEY 1S INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227908 Certificate No. 00588.0601 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Debra A. Woodard, Barbara Buchhold, Myranda Bohannon, Michael D. Wiedemeier, and Amanda L. Williams of the City of Chesterfield , State of MiSSOuri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peruutwd in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and then corporate seals to be hereto affixed, this 23rd day of April 2014 Farmington Casualty Company Fidelity and Guaranty Insurance CompanF Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Stator Fidelity and Guaranty Company G�SV.1( HR 6 *M. �kg Y 1NSVA Tl'Ty ANC Y oa uRy,,� �yy,�.�, t �op�p••- "'-.�� ?.:..........°a �+ 80 ►�°�i� � �f'►b �r1O 001N. $ mu.,f8 ,ten 1986 � y „ 4 State of Connecticut City of Hartford ss. By: , f' Robert L. Raney, error Vice President On this the 23rd day of April 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. GY� In Witness. Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. # * Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive `lice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaianty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and, affixed the seals of said Companies this 30 day of May 20 14 Ind Kevin E. Hughes, Assistant Seciftary � G�gPpBgGy.�4y� 011 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attbniey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. .ID WITHOUT THE RED BORDER THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xyion Ave. N New Hope, MN 55428 BIDDER:. Ly a o rte., is DOCUMENT 00 41 10 BID FORM 2014 SANITARY SEWER L:NING C'. TY PROJECT NO. 931 STANTEC PROJECT NO. 1 93802710 NEW HOPE, MINNESOTA 2014 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date 3. Bidder has visited the Site and become familiar with and N satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar w.th and is satisfied as to al federal, state, and local Laws and Regulations Piat 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 physica; conditions in or relating to existing surface or subsurface structires at, or contiguous to, the Site (except Underground Faciiitles) which have beer. identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidde- has obtained and ccrefui!y studied ;or accepts the consequences for not doing so' ali additional or supplementary examinations, investigations, explorations, tests, studies, and data concern'ng conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site wh'ch 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 construcfon expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Badder does not consider that any further examinations, investigafons, explorations, tests, maies, or data are necessary for the determination of this Bid for performance of the Work at fie prce(s,' Bid and w1hin the times and in accordance wi'h the other terms and conditions of the Bidding Documents. G. Bidder is aware of the genera; nature of work to be performed by Owner and others at the Site that relates to the Work as indicated .n the Bidding Documents. 0 2014 Stantec 1 193802710 004110-1 BID FORM H. Bidder has correlated the information known to Bidder, information and observations obta'.ned `rom visits to the Site, reports and drawings identified in the Bidding Documents, and al; additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 1 The Bidding Documents are generally sufficient to indicate and convey understanding of all terms anal cond'.tions 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 rater than the date of its execution of the Agreement. 4.01 Bidder further represents shat: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices w1h any other Bidder or with any competitor for the purpose of-estricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer as 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 reiate to such investigation and evaluation, and statements made as a resu thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices) set forth below and have been computed in accordance w'th Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all :inti Price Bid items will be based on actua: quantities prov'ded, determined as provided in the Contract Documents. No. Item Unh My Unll Price Total Price BASE BID ']may} G V C a 1 MOBILIZATION LS i $ `4V 0 $ 7,,, � 2 TRAFFIC CONTROL LS 1 3 BYPASS PUMPING LS 1 4 SEWER REHABIL17ATION WITH CIPP, 9" LF 7,825 TOTAL BASE BID 000 C $T c� 00 $ G C G 020145tantec 1 193802710 0041 10-2 BID FORM 6.0T Badder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Requires! Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the mean'ngs stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on - 2014. Corporation Name: �t37� F LiS .L. -L (SEAL) State of Incorporation: AnfR-LSoli�c Type (General Busin s. ssion ervice, Lim' d L' biiity): By: c (Signature) Q Name (typed or printed): Titie: Attester `rl� (CORPORATE SEAL) (Signature of G6rporate Secreta y) Business Street Arddress No P. x Ws). _� NW- ., P o Ba u q7 7 Phone No.: -Q Fax No.: I��6`��✓ 7 S� Email- 020145tuntec 1193802710 0041 10-3 BD FORM An ;ndiv?dual Name (typed or p(nted): By: (Individuai's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: A Partnership Partnership Name: By: Name (typed or p(nted): (SigV CAiUre 0 f g a n ercj i Pail,der) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: ,A z 02014Stantec 1 ?93802710 0041 1.0-4 DID FORM Lametti &Sons, Inc. Resolutions to Sign Contracts RESOVLED, that the following corporate officers of Lametti & Sons, Inc. are hereby authorized and empowered to enter into contracts in the name of, and behalf of the corporation. This includes contracts and bonds. Victor G. Lametti President Fred R. Chase Executive Vice President Guy J. Larson Vice President Daniel J. Banken Vice President Such powers are to remain in effect until modified by corporate resolutions. The undersigned hereby certifies that he is the duly elected and qualified Secretary of Lametti & Sons, Inc. a corporation duly formed pursuant to the laws of the state of Minnesota and that the forgoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state laws and the bylaws of the above named corporation on January 4, 2013, and that said resolution is now in full force and effect without modification or rescission. IN WITNWESS HERE OF, I have executed my name as Secretary and have hereunder affixed the corporate seal of the above named corporation the 4h day of January, 2013 16028 Forest Boulevard North P. O. Box 477 Hugo, MN 55038 651/426-1380 Fax: 426-0044 Equal OpporEunHy Employer „Y -AIA Document A310 -1970 Bid Band KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Lametti & Sons, Inc. P.O. Box 477 Hugo, MN 55038 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) Hartford Accident and Indemnity Company One Hartford Plaza, T-4 Hartford, CT 06155 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound 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) 2814 Sanitary Sewer Lining City Project No. 931 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 performancc of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th (Witness) Hartford Accident and Indemnity Company ---QL4 (Surety) (Witness) Title) Melissa M. Nordin (Seal) Attorney -in -Fact AIA Document A310Ts —1970. Copyright 01963 and 1970 by The Amerloan Institute of Architects. INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of , before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, as Principat(s), and acknowledged to me that —he— executed the same as his/herltheir free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF JW LnP7e-5[l' ttc, ss COUNTY OF On the 30th day of May, 264, before me personally appearedto me known, who being by me duly sworn, did say that he/she is the of Lametti & Sons, Inc., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; at ityeas so affixed b order of the board of direr o aidoration; and thathe/she sigybdofter name thereto by like order (Notary ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF Hennepin BCW A MCPfgg NOTARY PU&X ..MM0WWV', r Comm"M Jin 31, 301 On the 30th day of May, 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 Hartford Accident and Indemnity Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (Notary Seal) �,'DANIELLE IRI:,nM ANTS�` NOTARY 1'IJBLIOTALk My Gpmnussion E1, 2017 Direct lnquideslClaims to: "HARTFORD POWER OF ATTORNEY P.O. AVENUE HARTFORD, CONNECTICUT 06115 call 888-266488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 41-711314 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the taws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hanford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. Terry Starks, David E. Sell, Melissa M. Nordin, Joan K Remick, Alan Starks, Danielle Clemants Of SL Louis Parr MN their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seats to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. taT orf �0—t f�:•. sir i~ +` • 'riiNo '�nh' Scott Sadowsky, Assistant Secretary STATE OFCOHNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3fd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. .6-'Vel�a • """'° scar E. Paadca Naary Public my cammiwioa Exph= 0dolm 31.2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which Is stili in full force effective as of MAY 30TH, 2014 Signed and sealed at the City of Hartford. WA ft NJ o f w �Mr ht�rl'R: %WW +' '•.rM� ,; 1 s 7 er to Z s t I9Yt �Yv- �J__ Gary W_ Stumper, Assistant Vice President I THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 BIDDER: SAK Construction, LLC DOCUMENT 00 41 10 BID FORM 2014 SANITARY SEWER LINING CITY PROJECT NO. 931 STANTEC PROJECT NO. 193802710 NEW HOPE, MINNESOTA 2014 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 identif'ed in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and become familiar with and is saiis ied 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 iocal 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 sot 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, expiorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within, the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. ® 2014 Stanfec 193802710 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 ali 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. Tho Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the 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 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 challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following pricers): 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 11.03.13 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 in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BYPASS PUMPING 4 SEWER REHABILITATION WITH CIPP. 9" TOTAL BASE BID LS i LS 1 Ls 1 LF 7,825 $15,Sv@ .00 $ 4ISo0.00 $3,S,Q.00 $ 1I190 , 00 $1-5.55 $ 3 sem_ oo. Do $Z.Soo.vo $ 1 OM A 12%,5 $7.L L t 4 te.7s 02014Staniec 1 193802710 004110-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to comp!ete the Work within 'he 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. SUBMITTED on . May 29 .2014. If Bidder Is: A Limited Liability Company Limited Liability Company GeFpeFetier�Name: SAK Construction LLC (SEAL) Organization State of'neeFi5efetiSH: Missouri Type (General By: Name (typed or printed]: Limited Liability Title: Vice President Attest (CORPORATE SEAL) Steve Stulce, Secretary (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 864 Hoff Road Mallon, MO 63366 Phone No.: (636) 385-1000 Fax No.: (636) 385-1100 _ Email: bhirtz@sakcon.com 02014SIantec 1 193802710 0041 10-3 BID FORM TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 Attorney -In Fact No. 227908 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate N.005880622 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St_ Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Debra A. Woodard, Barbara Buchhold, Myranda Bohannon, Michael D. Wiederneier, and Amanda L. Williams of the City of Chesterfield , State of Missouri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their coiporate seals to be hereto affixed, this day of `April 2014 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 State of Connecticut City of Hartford ss. 23rd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �.a i951 }+SEAi,�o �• g J. $ELrt�. I... Y By: Robert L. Raney, enior Vice President On this the 23rd day of April 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d.TlT In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 19 4id 58440-8-12 Printed in U.S.A. Marie C. TetreauIt, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in foil force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Gum arty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed the seals of said Companies this 30 day of May , 20 14 4�a iV Kevin E. Hughes, Assistant See ary ISGf<r rt1&L B � q\� ,NS49 J¢y.1NffiY'P4 w`�µsY µBG II'6s�ly '� 14s2 0 1977 � SEALp" SE,AL�r� y �"' �p ��f/ 3gg'c�a° 1951 y, � <d`'.•._ u� �{ ...- y, � � � a/ � 1.M EANC ff � aN 15. •�' � l tiP • IIIn To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.tiavelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER, April 26, 2011 CONSTRUCTION PIPE REHABILITATION AND TUNNEL CDh7RACr0R To Whom It May Concern: Nixional Headquartem . Jerry 5haNr R'6 .Haff M. President OTalfon–MO 63366 636.379.2350 Vephone RohenAffholder . 636.379.2.61 ftc yke Chdnrran wrvarsalc-cansVucionxarn Toni Kammm Chainnon Boyd Hirtz, Vice President and General Manager of our CIPP Division is Hereby authorized to sign bids, extend offers, submit proposals and execute contracts on behalf of SAK Construction, LLC. 4b - J. olne P. Shaw, Jr. President SAK Construction, LLC State of Missouri) County of St. Charles] On this 2& day of April, in the year 2011, before me, Troy Thomas Bradshaw, a notary public, persona [IV appeared, Jerome P. Shaw, proved on the basis-ofsatisfactbryevidence to be the person whose name is subscribed to this instrument, and acknowledged he executed the same_ Witness my hand and official sea]. NOTARY PUBLIC Trayilmnras Bradshaw Notely puhQc Notary$wl State cf Missouri County of Waren My C.0=i9slDn Egires 921171201) C mmisslon#07470273 SEAL An EquW Opp—rdty Emp4er COFIDINVIL L=ED LIABILITY COMPANY OPERATING AGREEMENT OF SAK CONSTRUCTION, LLC This Limited. Liability Company Operating Agreement i_s made as of this 21st day of November, 2006 among those reasons signatories hereto. RECITALS A. The parties have formed a limited liability company under the laws of the State of Missouri. B. The parties wish to set forth their agreement concerning the conduct of the business and affairs of such limited liability company and the relative rights and obligations of the parties in relation thereto, all as set forth herein. AGREEMENT In consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which, are hereby acknowledged by the parties by their execration hereof), the parties agree as follows. I. DeWtions; Construction. I.I.Defiitions. For purposes 'of this Agmemank the following capitalized tm= have the following meanings. "Act" means the Missouri Limited Liability Company Act. "Additional Merrmbee' Inas the meaning set forth in Section 10.1. "Adjusted CapUwl Account Defccie' means the negative balance in a Member's Capital Account as of the relevant time, adjusted to: (i) increase such Cap tat Account by: (a) the amount, if any, of such negative balance which such Member -is obligated to restore under this Agreement; and (b) the amovirfi if any, of such negative balance which such Member is deemed to be obligated. to restore under Treasury Regulation §§1.704-2(g)(1) and 1.704-2(i)(5); and (ii) reduce such Capital Account with the items described in Treasury Regulatioi §§ 1.704-1(b)(2)(ii)(d)(4), (5) and (6). "Afj`ilWie' 'means: (i) any Person which, direct,y or indirectly, is in control of, is controlled by or is under common control with the party for whom an affiliate is being determined; or (ii) any Person who is a director or officer (or comparable position) of any Person described in clause (i) above or of the party. for whom an affiliate is being determined. For purposes hereof, control of a.Person means the power, direct or indirect, to: (a) vote 10% or more of the securities having ordinary voting power for the election of directors (or comparable positions) of such Person; or (b) direct or cause the direction of the management and policies of such Person, whether by contract or otherwise and either alone or in conjunction with others. "Agreement" means this Limited Liability Company Operating Agreement, including all Exhibits and Schedules hereto. "Articles of OVanizataon" means the articles of organization filed with the Missouri Secretary of State's office pursuant to the Act, and as herein provided for the purpose of forming the Company. "Bankruptcy" has the meaning ascribed to such term in the Act. 1269360: NIoven*er29.2006 4.5. Contributed Property. The Members agree that the fair market value of the Contributed Property on the date of its Contribution will be equal to five hundred thousand dollars ($500,000.00). In the event the IRS disagrees with such determination of fair market value by the Members, the Company will make such curative allocations of income and distributions to the Members as are necessary to achieve the same results as if such fair market value had been xespected by the IRS. 4.6.Third-Party Creditor. A Member's obligation to make a Contribution is not enforceable by a third -party creditor of the Company. 5. Management of the Company. 5.1. Manager. 5.1.1. Management of the Company. The mariagernent of the Company is vested in the Manager. Except as set forth in this Agreement, the Manager is the agent of the Company for the purpose of its ordinary business and affairs, and has complete authority over and exclusive control and management of the day-to-day affairs of the Company without the affirmative vote, approval or consent of any of the Members. The act of the Manager for carrying on the business of the Company in the usual way and in the ordinary course binds the Company. In connection with such management, the Manager may employ on behalf of the Company or on behalf of any Subsidiary any other Person to perform services for the Company, including the Manager, Members or Affiliates of any Member or Affiliates of the Manager. In furtherance of carrying on the business of the Company, the Manager may, subject to Section 5.2, do the following and bind. the Company: 5.1.1.1. enter into and perform Contractual Obligations of any kind necessary or desirable to the Company's or any Subsidiary's business; 5.1.1.2. establish, maintain, deposit in and withdraw from checking, savings, custodial. and other accounts in the name of the Company in such banks, trust companies or other financial institutions as -the Manager may from time to time select; 5.1.1.3. execute any notifications, statements, reports, returns or other fi%ings that are necessary or desirable to be filed with any Governmental Authority; 5.1.1A. borrow money and incur Debt on behalf.ofthe Company or of any .Subsidiary on a nonrecourse basis to the Members and secure the same with the Company's or any Subsidiary's property, including borrowing from Members, the Manager, Affiliates of Members and Affiliates of the Manager; 5.1.1.5. take such actions and execute such documents as may be required in connection with any loan agreement, mortgage, note, bond, indemnity, security agrc=ent, escrow, bank letter of credit or other evidence of indebtedness which may be required in connection with Debt incurred by the Company or by any Subsidiary; 5.1.1.6. establish reasonable reserve funds from revenues derived from the Company's or any Subsidiary's operations to provide for future requirements of the Company's or any Subsidiary's business; 5.1.1.7. . form, organize, acquire, sell, dispose of, reorganize or liquidate a Subsidiary; 5.1.1.8, prepare the Budget for each Fiscal Year and any amendments thereto; amendments thereto; 5.11.9. prepare ' the Business Plan from time to time, and any 10 5.1.1.10. invest the Company's and any Subsidiary's current assets in such investments as the Manager deems proper; 5.1.1.11. make loans or advances to oilier Persons (excluding Members, the Manager, Affiliates of Members and Affiliates of the Manager), all upon terms and with such security as the Manager deems necessary under the circumstances; 5.1.1.12. do all acts which the Manager deems necessary or appropriate for the protection and -preservation of the Company's or any Subsidiary's assets; 5.1.1.13. carry at the expense of the Company such insurance for public liability and other coverage (including directors and officers or comparable liability insurance) necessary or appropriate to the business of the Company and the Subsidiaries in such amounts and of such types as the Manager determines from time to time; 5.1.1.14. make and revoke any election permitted to the Company by any Governmental Authority; 5.1.1.15, compromise, settle or submit to arbitration, and institute, prosecute and defend any and all actions or claims in favor of or against the Company or any Subsidiary or relating to the Company's or any Subsidiary's business; 5.1.1.16. obtain all permits and licenses, necessary for the operation of the Company's or any Subsidiary's business and the ownership of its assets; 5.11.17. hire or appoint crmpldyees,' agents, independent contractors or officers of the Company or of any Subsidiary; 5.1.1.18. acquire by purchase, lease or otherwise, any real or personal property (including securities of or interests in corporations, partnerships, limited. partnerships, limited liability companies or other Persons) which may be necessary, convenient or incidental- to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.19. constract, operate, maintain, finance, improve, own,• sell, dispose of, convey, assign, license, mortgage or lease any real estate and any personal property necessary, convenient or incidental to the acaomplisbmmnt of the purposes of the Company or of any Subsidiary; 5.1.1.20. prepay in whole or in part, refinance, recast, increase, modify or extend any Debt or any mortgages or security agreements affecting the assets of the Company or of any Subsidiary amd in connection therewith execute any extensions or renewals thereof or any mortgages on the assets of the Company or of any Subsidiary; 5.1.1.21. invest or reinvest any or all of the revenues of the Company or of any Subsidiary in new assets or existing assets of the Company or of any Subsidiary; 5.1.1.22. engage in any kind of activity necessary to, in connection with or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.23. employ, when and if in the Manager's sole discretion the same is deemed necessary ox- advisable, brokers, managers, consultants, agents, accountants, lawyers or other expert advisors, notwithstanding the fact that the Manager, an Officer, a Member or an Affiliate of any of the foregoing may have an Interest in, employ or be one of the brokers, managers, consultants, agents, accountants, lawyers or other expert advisors; 11 5.1.1.24. sell, exchange, lease, license, mortgage, pledge or transfer all or substantially ail or less than substantially all of the assets of the Company or of any Subsidiary either in or other than in the ordinary course of its business; 5.1.1.25. dissolve and wind up the Company; 5.1.1.26. pay all fees, compensation and reimbursements to the Manager and his Affiliates as provided for herein; 5.1.1.27. amend this Agreement or the Articles of Organization; 5.1.1.28. change the name of the Company at any time; and 5.1.1.29. take any and all' actions (whether described above or not) and engage in any kind of activity and perform and carry out all functions of any land necessary to or in connection with the business of the Company or of any Subsidiary and cxercise all rights and remedies of the Company or of any Subsidiary in connection with any of the foregoing. 5.1.2. Appointment of the Manager. The initial Manager is ]'crorne P. Shaw, Jr. Any Manager other than the initial Manager is to be appointed by the Investor Member. The Manager may, but need not -be, a Member. 5.1.3. Term of the Manager. Jerome P. Shaw, Jr. will serve as the initial and sole Manager until such time as an Event of Withdrawal occurs with respect to him, Any Manager, other than the initial Manager, is to be appointed for a term of two years and occupies such position for the terra for which he is elected and until his successor has been elected and qualified or until he resigns as Manager or dies or becomes incapacitated or, if he is a Member, until the occurrence of an Event of Withdrawal with respect to him or until his removal hereunder, whichever first occrns. A Manager may be reappointed for an unlimited number of terms. 5.1.4. Resiguatton of the Manager. A Manager may resign as Manager at any tune for any reason. Airy such resignation must be in writing and must be delivered to the Investor Member. A resignation is effective upon such delivery. 5.1.5. Removal of the Manager. A Manager may be removed as Manager at any time, with or without cause, by the investor Member. 5.1.6. Vacancies. In the case of a vacancy in the position of Manager for one of the reasons set forth above, the Investor Member is.to fill such vacancy. 5.1.7. Meetings With Investor Member Representative. The. Investor Member shall appoint an Investor Member Representative. The initial Investor Member Representative is Thomas Kalishrnan. The Manager shall schedule quarterly meetings with the Investor Member Representative at which tho Manager shall report on the financial performance of the Company and such other Company matters as the: Investor Member Representative may request. The Company shall reimburse the Investor Member Representative for travel, lodging and ether expenses incurred by hire on behalf of the Company or in connection with the business of the Company_ 5.1.8. Optional Board of Managers. The Investor Member may at any time, in the sole and absolute discretion of the Investor Member, elect to vest the management of the Company in a Board of Managers. If the Investor Member makes such an election, the Investor Member shall have the right and authority to determine the size of the Board of Managers, appoint persons to serve as members of the Board of Managers, establish quorum and voting requirements, and set any and all rules pertaining to meetings of the Board of Managers. All members of the Board of Managers shall serve at the pleasure of the Investor Member and may be removed by the Investor Member at any time with or without cause. If the Investor Member elects to vest management of the Company in a Board of Managers, all references 12 Stateof Minnesota SECRETARY OF STATE Certificate of Authority to Transact Business I, Mark Ritchie, Secretary of State of Minnesota, do Certify that: The following limited liability company has duly complied with the relevant provisions of Minnesota Statutes, Chapter 322B, and is authorized to do business in Minnesota on and after thisj'' date with all the powers, rights and privileges, and subject to G. the limitation ._ s, duties and restrictions, set forth an that chapter. } �^ Name of Limited Liability Company in Minnesota: SAK Construction, LLC Name of Limited Liability Company in State of Organization: SAK Construction, LLC Charter Number: 2502729-2 State of Organization: MO Registered Office in Minnesota: 100 S 5th Str #1075 Mpls MN 55402 Name of Registered Agent: C T Corporation System Inc This certificate has been issued on 09/12/2007. AoTM' — 2010 JA Document A31 CONTRACTOR: (Name, legal status and address) SAK CONSTRUCTION, LLC 864 Hoff Road O'Fallon, MO 63366 OWNER: (Name, legal status and address) City Of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Bid Bond SURETY: (Name, legal slatus and�+cipal place of business) Travelers Casualty And Surety Company Of America One Tower Square Hartford, CT 06183 Mail Notices To: Travelers Attn: Inez Meyerholz— Bond One Tower Square 2S1 Hartford, CT 06183 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Claims Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. BOND AMOUNT: Five Percent of the Amount Bid -------------•-- dollars ($ 5% of Amount Bid) PROJECT: City Project No. 431, 2014 Sanitary Sewer Lining (Name, location or address, and Project number, ifany) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common Iaw bond. Signed and sealed this 30th day of May, 2014. I � .ent (witness) r462U) Deana A. Drago , 12Tz i Q(LttSI DELT Attorney -In -Fact In)t AL1 Document A316T"— 2010. Copyright ®1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document. or any portion of It, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.oro. 081110 State of Missouri County of St. Louis On 5/30/2014, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Amanda L. Williams known to me to be Attorney -in - Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Dana A. Dragoy, Not lic FDANA. DRAGGYc - Notary Seal F MISSOURI is County ires: Sept.20,2017 n # 13516439 My Commission Expires: ACKNOWLEDGEMENT FOR CONTRACTOR .ACKNOWLEDGEMENT FOR CONTRACTOR, IF LIMITED LIABILITY COMPANY STATE OF MISSOURI COUNTY OF ST. CHARLES ON THE r� ti DAY OF 1'"i f l,[_/ , 7 0 1 L BEFORE ME I PERSONALLY APPEARED h(T A 41,47 TO ME KNOWN AND KNOWN TO ME TO BE THE V 1 C-4 Ck-- A r +t-'1 OF SAK CONSTRUCTION, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. �L NOTARY PUBLIC ANDREA CARLSTROM Notary Public Notary Seal STATE OF MISSOURI Commission for St. Charles County My Commission Expires July 10. 2016 Commission #12865546 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2013 CAPITAL STOCK $ 6,480.600 CASH AND INVESTED CASH 3 87,799,624 UNEARNED PREMIUMS „ 806,717.671 BONDS 9,452,214,898 LOSSES 808,663,176 INVESTMENTINCOMEDUE AND ACCRUED 47,758,502 LOSS ADJUSTMENT EXPENSES 460,670.453 OTHER INVESTED ASSETS 266,099,610 COMMISSIONS 31,781,186 PREMIUM BALANCES 190,838,462 TAXES, LICENSES AND FEES 12,482,922 NETDEFERREDTAKASSET 61,575,098 OTHER EXPENSES 98,437,893 REINSURANCE RECOVERABLE 11,361,414 FUNDS HELD UNDER REINSURANCE TREATIES 94,401,484 SECURMSS LENDING REINVESTED COLLATERAL ASSETS 4,610,772 CURRENT FEDERAL AND FOREIGN INCOME TAXES 16,387,407 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 30,772.481 REMITTANCES AND ITEMS NOT ALLOCATED 13,577,503 STATE SURCHARGES RECEIVABLE 258,771 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 23,615,367 OTHERASSETS 14,872,822 RETROACTIVE REINSURANCE RESERVE ASSUMED 1,511,674 POLICYHOLDER DIVIDENDS 6.462,513 PROVISION FOR REINSURANCE 3,970,494 ADVANCE PREMIUM 1,078,606 PAYABLE FOR SECURITIES LENDING 4,910,772 DERIVATIVES 112,003 CEDED REINSURANCE NET PREMIUMS PAYABLE (84,954,264) ESCHEAT LIABILITY 471,948 OTHER ACCRUED EXPENSES AND LIABILITIES 242,236 TOTAL LIABILITIES 5 2.265,740,367 CAPITAL STOCK S 8,460,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1A41,436,327 TOTAL SURPLUS TO POLICYHOLDERS 1,681,720,086__ TOTAL ASSETS S 4,147.460,454 TOTAL LIABILITIES & SURPLUS STATE OF CONNECTICUT COUNTY OF HARTFORD ISS. CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWM. SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 91ST DAY OF DECEMBER, 2019. SUBSCRIBEDAND SWORN TO BEFORE ME THIS 19TH DAY OF MARCH, 2014 SECOND VICE PRESID9W �"C.. t `• ,,,�, :mac NOTARY PUBLIC SUSAN M. INTISSLEDER AwaryPrrblic lLfy COrxrnlssion IixpinsNrn�alber 30,10!7 BIDDER: Veit & Company, Inc. DOCUMENT 00 41 10 BID FORM 2014 SANITARY SEWER LINING CITY PROJECT NO. 931 STANTEC PROJECT NO. 193802710 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date 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 familiarwith 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 condif.,ons 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 for accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) 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 Stantec 1193802710 0041 I 0 - 1 130 FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to tre 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 conf;icts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer's 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 wall 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 consu;tation, communication, or agreement cs to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidde?s responsiveness, responsibll:ty, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Eng`neer 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 actial malice. Nothing in this poragraph 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 flowing 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 so:ely for the purpose of comparison of Bids, and final payment for all Unit Price Bid 'terns will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Unify Qty Unit Price Total Price BASE BID 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BYPASS PUMP:NG 4 SEWER REHABILITATION WITH CIPP, 9" TOTAL BASE BID LS 1 .S 1 $ 4,500.00 500.00 LS $ LF 7,825 500.00 28.00 $ 4,500.00 $ 500.00 $ 500.00 $ 219,100.00 $ 224,600.00 2014 Stantec 1 193802710 0041 1D-2 SD 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 I'quidated 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 May 30 , 2014. Corporation Name: Veit & Company, Inc. (SEAL) State of Incorporation: Type (Genera Busi s, Proervice, ed Liability): e'llice By: (Signature) Name (typed or printed): Title: President Attest (CORPORATE SEAL) Vaughn Veit, Secre ary(Signature of Corporate Secretary; Business Street Address (No P.O. Box #'s): 14000 Veit Place Rogers, MN 55374 Phone No.: 7631428-2242 Email: b'ohnson veitusa.com Fax No 7631428-8348 ® 2014 Stantec 193802710 00 41 10-3 BID FORM An Individual Name (typed or printed): By: Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: AAP rtnershiD Partnership Name: By: Name (typed or printed): (Signature of general partner) Business Street Address (No P.O. Box #'sj: Phone No.: Fax No.: (SEAL) 0201451antec 193802710 0041 10-4 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box Ws): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, pat}nership, and corporation that is a party to the joint venture shou,d be in the manner indicated above) . END OF DOCUMENT 020145tantec 193802710 0041 10-5 BID FORM MINUTES OF ACTION BY SOLE MEMBER OF THE BOARD OF DIRECTORS OF VEIT & COMPANY, INC. TAKEN WITHOUT A MEETING The undersigned, being the sole member of the Board of Directors of Veit & Company, Inc., a Minnesota corporation, acting pursuant to Minnesota Statutes Section 302A.239, hereby adopts the following resolution by consent in writing: The following resolution is hereby adopted: RESOLVED, that the following persons are hereby elected to make up the Board of Directors of the corporation to be the sole members of the Board of Directors and to serve until the next regular meeting of the shareholders, or until their successor or successors are otherwise duly elected and qualified: Chief Executive Officer & Secretary Vaughn A. Veit President Greg Boelke Vice President - Field Operations Kevin Barthel Chief Financial Officer/Treasurer Kevin Brenny The above action is taken without a meeting by authorization in writing signed by the sole member of the Board of Directors of the corporation, which action is to be effective on May 5, 2008. SOLE DI Vaughn A. Veit 1136993v1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Veit & Company, inc. 1 000 Vein Place acaers, MY 35374 as Principal, hereinafter called the Principal, and Western Surety Company 333 S. Wabash Ave. Chicago, IL 60604 a corporation duly organized under the laws of the State of South Dakota _ as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 Xylon Ave N, New Hope, MN 55428 _ as Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Bid Dollars ($ 5% of Amount Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2014 Sanitary Sewer Lining, New Home, MN NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of a)A (Witness) — 2014 , Veit & Company, Inc. (Principal) (Seal) r kP (Title)�- (Seal) (Wftne Je,64ica A. Olson, Attorney -In -Fact Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 - Bid Bond - February 1970 Edition. LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF COUNTY OF _ On the day of , 20 , before me personally appeared to me known, who, being by me duly sworn, did depose and said that he/she resides in that he/she is a member, manager, or officer of the limited liability company of and that he/she is duly authorized to execute the foregoing agreement in the name of and for the limited liability company. (Notarial Seal) Notary Public, County, My commission expires CORPORATE ACKNOWLEDGEMENT STATE OF Qn rz )ss COUNTY On the personakly,appeared �i to me known, who being by me duly Vorn, i I that he is the of depose and say: that he resides in President of the 20 / Y , before me the corporation described in'and kbich 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. ii'%�'�/✓rte-/�11 `` � � i ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota ) ss COUNTY OF Dakota ) On the 22nd day of May 32014 before me appeared Jessica A. Olson to be personally ,known, who is being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the Western Surety Company , a corporation; that the seal affixed to the foregoing instnunent 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. W.AMBER RAE WEEKS AA�''��jj C MINNESOTA C�NIMiS ONEIIRES0113iO% Notary Public, . _ County, M My commission expires January 31 2015 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathryn A Dircz, Dennis G Diessner, Thomas M Reuder, Mark N Kampf, Jessica A Olson, Julia C Ertz, Erica J Boldt, Matthew M Kampf, Individually of Burnsville, MN, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 25th day of February, 2414. S,CRrrr� WESTERN SURETY COMPANY - W opP °Aq�N'M Bruflat, Vice President State of South Dakota l JT ss County of Minnehaha On this 25th day of February, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + J. MOHR f 1/ONOrAFrf PUBLIC 8 t SOUTH DAKOTA 000 N{ 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 stn's in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 22nd day of _ May 2014 WESTERN SURETY COMPANY O / �• L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. mi wrii Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 27, 2015 Consent Item No. By: Bob Paschke Public Works Director By: Kirk McDonald, City Manager 6.7 Resolution authorizing final payment to Visu-Sewer Inc. in the amount of $6�0 for lining sanitary sewer pipe (improvement project No. 931) Requested Action Staff is recommending that Council pass a resolution and authorize final payment for the 2014 sanitary sewer pipe lining project to Visu-Sewer Inc. in the amount of $30rfor the relining of approximately 6,170 feet of sanitary sewer pipe. Policy/Past Practice The city initiated an I/I reduction program in 2003 and initiatives included a sump pump inspection program; replacement of older, center -hole sanitary sewer manholes with solid covers in low areas of the city prone to street flooding; lining of sanitary sewer pipe through low areas of the city; roof vent and foundation drain inspection of apartments and commercial buildings; and televised inspection of sanitary sewer pipe in an effort to reduce the amount of excessive I/I. The city is continuing with the inspection of service lines and installation of drain the to allow for sump pump connections behind the curb in areas of street infrastructure projects. Background Staff recommended that the city continue lining sections of sewer pipe in areas that have been identified with infiltration issues. Aside from the benefit of reducing I/I, the lining of sections of sanitary sewer pipe in the city also extends the useful life of the sanitary sewer infrastructure. The pipe lining process takes place from manhole to manhole. Motion by Second by To: -10 4- 'S0/��]' 1: \RFA\ PUBWORKS12014\ 9312014 Sewer Lining\ 9312014 Sewer lining Fina1\931-2014 Sewer Lining Authorizing Final Payment to Visu Sewer.docx Request for Action, Page 2 July 27, 2015 The 2014 lining project included approximately 7,825 feet of sanitary sewer mains in the industrial park area, located between 49th Avenue North, Boone Avenue, and Bass Lake Road. Funding Funding for the 2014 sanitary sewer lining project is from the city's sewer fund. The sanitary sewer lining project was listed in the 2014 CIP at $250,000. The contracted amount of project 931 was $174,350.00, the Final Construction Amount is $162,688.00 which is $11,662.00 less than the contracted amount, this is due to an under run of pipe requiring lining. With indirect costs roughly at $20,000, the project totals approximately $1.82,688; which places the project $67,312 under budget. Attachments Final payment resolution Engineer's memorandum Final invoice I:\RFA\PUBWORKS\201419312014 Sewer Lining\9312014 Sewer lining Fina1\931-2014 Sewer Lining Authorizing Final Payment to Visu Sewer.docx City of New Hope Resolution No. 2015- 120 Resolution authorizing final payment to Visu-Sewer Inc. in the amount of $63,787.30 for lining sanitary sewer pipe (Improvement project No. 931) WHEREAS, the capital improvement program identifies activities to reduce inflow and infiltration from entering the sanitary sewer system; and, WHEREAS, lining sanitary sewer pipes has been established as an effective way to reduce I/I and extend the life of the sanitary sewer infrastructure; and, WHEREAS, the 2014 I/1 abatement program activities were included in the approved 2014 sanitary sewer operating budget and capital improvement program; and, WHEREAS, staff and the city engineer, Stantec, have reviewed reports by Visu-Sewer and find the contracted work acceptable and satisfactory, it is recommended Council authorize final payment to Visu-Sewer Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council approves the final payment of $63,787.30 to Visu-Sewer Inc. 2. That the city manager is authorized to issue final payment to Visu-Sewer Inc. in the amount of $63,787.30 Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of July, 2015. — " �;Z- //' f Mayor Attest: L-4-aa�.40w- City Clerk I:\RFA\PUBWOlRKS\2014\9312014 Sewer Lining\9312014 Sewer lining Fina1\931-2014 Sewer Lining Authorizing Final Payment to Visu Sewer.docx 4' to t r July 17, 2015 File: 193802710 Stontec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651 ) 636-4600 Fax: (651) 636-131 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: City Project #931 - 2014 Sanitary Sewer Lining - Final Acceptance Dear Bob, Enclosed find the final pay request and the 1C-134 forms for the above referenced project. The contractor, Visu-Sewer, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $63,787.30 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 $174,350.00. The contract included no change orders. The Final Construction Amount is less than the Original Contract Amount and had an $11,662.00 underrun due to less quantity of pipe requiring lining. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P,E, Atachments: Pay Request #3 & Final; IC -134 Forms c. Bob Paschke, Bernie Weber, Dave Lemke, Shawn Markham - New Hope; Adam Martinson, Ann Dienhart, Kellie Schlegel - Stantec. S1 r Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: February25, 2015 For Period: 1/27/2015 to 2/25/2015 Request No: 3/FINAL Contractor: Visu-Sewer, Inc., W23ON4855 Betker Dr.. Pewaukee, WI 53072 CONTRACTOR'S REQUEST FOR PAYMENT 2014 SANITARY SEWER LINING STANTEC PROJECT NO. 793802710 CITY PROJECT NO, 931 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 Approv by Contractor: VISU-SEWER, INC. Specified Contract Completion Date: 193BU71 OREQV i nel.Asm 3/FI NAL $ 0.00 $ 0.00 $ 174,350.00 $ 174,350.00 $ 162,688.00 $ 0.00 $ 162,688.00 $ 0.00 $ 162, 688.00 $ 98,900.70 $ 0.00 $ 63, 787.30 roved by Owner: CIHOPE + i Date: No. Item BASE BID: 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BYPASS PUMPING 4 SEWER REHABILITATION WITH CIPP, V TOTAL BASE BID: TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE 9938MI ORE03Firmi.xlam Contract Unit Current Quantity Amount Unit Quantity price Quantity to Date to Date LS 1 2000.00 0.5 1 $2.000.00 LS 1 100.00 1 1 $100.00 LS 1 100.00 1 1 $100.00 LF 7825 22.00 2731.9 7294.9 $160,488.00 $162,688.00 $162,688.00 $162,688.00 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 931 STANTEC PROJECT NO, 193802710 CONTRACTOR VISU-SEWER, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavmant Rafnincina C_Amnlafcrl 1 10/01/2014 11/17/2014 30,208.10 1,589.90 31,798.00 2 11/18/2014 01/26/2015 68,692.60 5,205.30 104,106,00 3/FINAL 01/27/2015 02/25/2015 63,787.30 162,688.00 Material on Hand Total Payment to Date $162,688.00 Original Contract $174,350.00 Retainage Pay No. 3/FINAL Change Orders Total Amount Earned $162,688.00 Revised Contract $174,350.00 1938=l0REQ3Finelxlsm Page 1 of 1 1":' ,i'; TESJr't,.'aE�!�.+_NUr. ry .. Affidnry Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 0-041-56320 Submitted Date and Time: 11 -Mar -2015 10:35:05 AM Legal Name: VISU SEWER INC Federal Employer ID: 39-1219110 Laser Who Submitted: weather Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1899118692 Account Number 3042816 Project Owner: CITY OF NEW HOPE Project Number 931 Project Begin Date: 01 -Jun -2014 Project End Date: 16 -Feb -2015 Project Location: NEW HOPE, MN Project Amount: $162,688.00 Subcontractors. No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact us If you need further assistance, contact our Withholding Tax Division at (Moira 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. Please tr`+�t.+#ti= f,y,�r p !�+,!.p.: for your records using the print or save functionality built into your browser haps://www.mndor.state.mn.us/tp/eservices/ /Retrieve/0/b-/UNiMtDddOkgEW4git)Rfa2w... 3/11/2015 VVisumSewer Ls-L Inspect. Maintain. Rehabilitate. VISU-SEWER, INC. LETTER OF TRANSMITTAL 3155 104th Lane NE Blaine, MN 55449 Phone 763-252-0004 FAX 763-252-0008 DATE: 5111115 TO: Stantec, Inc. Shirley Lovell 2335 West Hwy 36 St Paul, MN 55113 REFERENCE: 2014 Sanitary Sewer Lining New Hope, MN Stantec Project No.: 193802710 City Project No.: 931 PLEASED BE ADVISED WE ARE SENDING YOU: IXI Enclosed 1_1 Under separate cover via 1_I Shop drawings 1_1 Plans 1_1 Specifications 1 1 Copy of letter 1_1 Change Order 1_1 Other COPIES DATE OR NUMBER DESCRIPTION ACTION CODE 3 4124/14 Signed Pay Est. # 31 final B ACTION CODE: A - As Requested B - For Execution C - In Conformance D - Conformable E - Not Acceptable REMARKS: cc: file SIGNED: Ronald Fenney / GM www.visu-sewer.com WISCONSIN - ILLINOIS - MINNESOTA - IOWA