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IP #943COUNCII Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 28, 2014 Development & Planning Item No. By: Bob Paschke, Dir Pub Works By: Kirk McDonald, City Manager 8.2 Resolution approving plans and specifications for sanitary sewer improvements on Xylon Avenue, south of 45th Avenue to 42nd Avenue, and order solicitation of bids for construction (improvement project no. 943). Requested Action Staff recommends approving plans and specifications for the sanitary sewer improvements at the intersection of Xylon Avenue and 45th Avenue and to the south on Xylon Avenue, and issuing an order for solicitation of bids to construct the improvements. Policy/Fast Practice The City Council routinely considers public infrastructure improvement projects to develop future needs and growth of commercial and retail properties. Background Hy -Vee has requested that the city utilities are ready to accommodate the redevelopment in 2014. The critical utility needing improvements is the sanitary sewer on Xylon Avenue, as the elevation is not low enough to allow for connection of the redevelopment to the city sewer main. The other city utilities can serve the immediate needs of the redevelopment and can be improved in the future, potentially in 2015, in concurrence with the street improvements on Xylon Avenue and 45th Avenue. Completing sanitary sewer improvements in 2014 will require additional costs to restore (bituminous patching, seeding) the pavement and boulevard on Xylon Avenue. A feasibility report was presented and accepted by the Council on March 11, 2013. The report recommended upgrades of the existing utility on Xylon and 45th avenues in order to accommodate city center redevelopment. Motion by Second by To: 1: \1ZbA\?Ut5WUF"\2U14\943 Xylon-45th project requesting plans and specs.doc Request for Action, Page 2 July 28, 2014 Past improvements identified in the Feasibility Report have been completed already. In 2013, the following improvements were completed in concurrence with the CenterPoint Energy project at the intersection of 451h Avenue and Winnetka Avenue: Water Main - replaced the 8 inch CII' water main stub to the west of Winnetka, within Hennepin County right of way, with a 12 inch DIP water main stub. Sanitary Sewer - replaced the 9 inch VSP sanitary sewer stub to the west of Winnetka, within Hennepin County right of way, with a 10 inch PVC sanitary sewer stub. Staff recommends an upgrade of city sanitary sewer on Xylon Avenue. The size of the existing sanitary sewer would be increased from nine to ten inches, and the pipe elevation will be lowered as recommended in the feasibility report. The bid opening is tentatively scheduled for August 29 and for Council award on September 8, 2014. Construction will occur and be completed during the fall of 2014. Funding The engineer's estimate on total project costs is $225,000, and the funding source TIF. Attachments • Resolution • City engineer memo • Maps of area City of New Mope Resolution No, 14-106 Resolution approving plans and specifications for sanitary sewer improvements on Xylon Avenue, south of 45th Avenue to 42nd Avenue, and order solicitation of bids for construction (improvement project no. 943) WHEREAS, the City Council routinely considers public infrastructure improvement projects to develop future needs and growth of commercial and retail properties; and, WHEREAS, staff recommends that improvements be made to the city's sanitary sewer infrastructure at the intersection of Xylon Avenue and 45th Avenue, as well to the south on Xylon Avenue; and, WHEREAS, a feasibility report was presented in which the report recommended upgrades of the existing utilities to accommodate redevelopment; and, WHEREAS, the city engineer has designed infrastructure improvements to the specifications of the city of New Hope. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. Such plans and specifications are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official paper, an advertisement for bids for sanitary sewer improvements in accordance with said specifications. The advertisement shall be published for fourteen (14) days, and shall state that the bids will be opened at 10:00 a.m. CDT on August 29, 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 July, 2014, Attest: lla-u City Clerk Mayor Sts me c. July 23, 2014 File: 193802856 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: Xylon Avenue Sanitary Sewer Improvements - Approve Plans L Specifications, Authorize for Bids City Project No.: 943 Dear Bob, As requested, we have prepared plans and specifications for the Xylon Avenue Sanitary Sewer improvements project. This project includes the installation of a new and deeper sanitary sewer on Xylon Avenue in order to serve the future Hy -Vee redevelopment site. Completing sanitary sewer improvements in 2014 will require additional costs to restore (bituminous patching, seeding) the pavement and boulevard on Xylon Avenue. The total project cost for these improvements, including indirect, is estimated to be $225,000. If Council chooses to move forward with this project, approval of plans and specifications and authorization to solicit for contractor bids could be given at the July 28th Council meeting. Bids could then be opened on August 29th and brought back to Council for review at the September 8th Council meeting. The work under this contract will be completed during the fall of 2014. The plan sheets for the demolition and the sanitary sewer improvements are attached. The complete construction documents are available at City Hall for review. If you have any questions or require further information please call me at (651) 6044808. r July 23, 201, 4 Mr. Bob Poschke Page 2 of 2 Reference: Xylon Avenue Sanitary Sewer Improvements - Approve Pians and Specifications Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Plan Sheets C0.01 & C4.01 Cc: Bernie Weber- New Hope; Adam Martinson, Jeremy Hauser - Stantec. In Of oe as PROTPLTpW� -----:dad y. . ......... AMNDONTVSPM DV&70 P EMMM m MD1 mmm� Km �� m P.M{7gp SVIFMYSkYYERffl FIRE STT,UP Z(�� u w W CO.01 al PMMLE O xANNOlFo1a 14 VIG £ i .._._....-'-'---'-'-'-' Y' -_....-.....__.,.....,..,._-i ? Ixm1112V" M WJM FOR FMRE SE0.MCE i COMMON. £NGTALL2W PVC WRLLIG I POA CDNNRTOI XYLON AVENUE xE5£Ai13C-e- POC WA'LLG NLmo WE FM WRME OG j SEM WE FOA RRUSE iax �Eg�. i 6E2YP2 mNNECi61L INS 3V4-PIC7gWNG g. PC6 xmAa smW� �'a CONNEUMN. 16- ! _ - i i f r lrwtaR� iµµ I I 1 i • Z® 0 60' im' V C N dMa! 9 M ¢ W! eS 72 Q , O z Ex6 GlzO w �13 M_ 2 vai V '[ T� Z W Z a 04.01 M. r 930- _ I !x S -I : �I$ - - I�GG PNOPnseo sA�V srvrgl - - , a �� a»� , mar.ra, 9 ; - � is >~� - '. - Y0.907L '. --� A gm , . .. �N.... .6 . NO - T,... __ wt ..............---------- i-0im -0.0 film 1466 2w SEm Mm Sim him 7im DIM 9i96 ]Oim 1140 12a0 1.'iim 14im V C N dMa! 9 M ¢ W! eS 72 Q , O z Ex6 GlzO w �13 M_ 2 vai V '[ T� Z W Z a 04.01 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, August 29, 2014, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary forthe following: Xylon Avenue North Sanitary Sewer Improvements, City Project No.M In general, Work consists of the recon- struction of sanitary sewer, water services, storm sewer, and streets within a commercial neighborhood. The Project consists of the following approximate quantities: 2520 SY Bituminous Pavement Reclaimation 1,300 LF 10" PVC Sanitary Sewer 7 EA Sanitary Sewer Structures 560 CY Placement ofSalvaged Reclaim Material 350 TN Bithuninous Pavement 1,400 SY Seeding Along with miscellaneous utility improvements, traffic control, removals, restoration, striping, erosion control, and correlated appurtenances. Complete digital Bidding Documents are available at www.questedn.com for $20 by inputting QuestCDN eBidDoc #3406331 on the website's Project Search page. Paper lidding Documents may also be viewed at the Qty of New Hope and at Stantec, 2335 highway 36 West, St. Paul, MN 56113, (661) 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 a 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 Qty Manager Qty ofNew Hope, Minnesota (Published in Finance and Commerce August 7, 14, 2014) 10586096 Page ' of 1 Affidavit of Publication STATE OF MINNESOTA {SS. COUNTY OF HENNEPIN ) Description: Bids RE: Xylon Ave N Sanitary Sewer Improvements Peggy Levis . being da:y sivorn on oath say she/he is and during all times herein stated has been the publisher or tine publishers designated ager., in charge. of the newspaper kno-am as Finance and Commerce (MN) and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as pro-0ded by Minnesota Satute 331A.02, and 331A.07, and other applicable laws, as amended. (B) She/He further states on that the printed Construction 10586095 hereto printed as part as it was printed and published there in the English language, that it was first so published on August 07, 2014 for 2 timc(s): e subsequent dates of publications being as o ows: 8/7/2014 8/14/2014 And that the following is a printed copy of the lower case alphabet from A to 7., both inclusive, and is hereby acknowledged as being tnc size and kind of type used in the X abcdefghijklmnopgrsurvwxyz abcdc:ghi ikInsroperstsa,zxz Subscribed and Sworn to before me this 14th day of August, 2014 (Notarial Seal) Notary Public, Hennepin County, Minnesota `CARRIE ANN RETZAGK I Notary Public -Minnesota My Commission Expires Jan 31, 2016 L Lowest classified rate paid by $ 16.0000 commercial users for comparable space: 2. Maximum rate allowed by law for S 0.48999 the above matter: ` 3. Rzte aczua!1y charged for the above $ 0.4455 matter: 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/GoldV 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 1 succes- sive issues; the first insertion being on 08/07/2014 and the last insertion being on 0810712014. By: \fZQQ Authorized Agent Subscribed and sworn to or affirmed before me on 0810712014. Notary Public .yvb YYVrr•Crrti��r��.�p.��,C�vtivrWVWV=� C IlffIrllG� Notary PubliaWmeeft My pprrwttlewott E%plrt»,l/n Z17, SIS Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 259211 City of New Hope ,Official Publication) 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, August 29, 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: 2 on Avenue North Sanitary Sewer Improvements. City Project No. 943 In general, Work consists of the reconstruction of sanitary sewer, water services, storm sewer, and streets within a commercial neigh- borhood. The Project consists or the following approximate quantities: 2520 SY Bituminous Pavement Reclalmation 1,300 LF 10" PVC Sanitary Sewer 7 EA Sanitary Sewer Structures 560 CY Placement of Salvaged Reclaim Material 350 TN Bituminous Pavement 1,400 SY Seeding Along with miscellansous util- Ity Improvements, traffic control, removals. restoration, striping, ero- sion control, and correlated appur- tenances. Complete digital Bidding Docu- ments are available at www. questcdn.com for $20 by Inputting QuestCDN eBidDoc #3406331 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 Wast, 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 ac- cordance 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 68 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 ir- regularities and informalities therein, and further reserves the right to award the Contract to the best in- terests of the Owner. IGrk McDonald, City Manager City of New Hope, Minnesota 8/7/14, 3SP2, Bids Xylon Ave Sanitary Sewer, 259211 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 September 4, 2014 Ms. Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Xylon Avenu rth Sanitary Sewer Improvements City Project o. 943 Stantec Prol o- 193802856 Return of Origin Ids 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. C�, Cathy White Administrative Coordinator Enclosures Design with community in mind Stantec BIDDER: WK.t -VA DOCJMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO.3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STAN?: PROJECT NO. 193802856 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 reiated data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter M MFmo, F1031 -no •� B. Bidder has visited the Site and become familiar with and is satisfied as to the general, ocal, 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, sfate, and loco; Laws and Regulations that may affect cost, progress, and performance of the Work. D. B'.dder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and oil drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except 'Jnderground Facilities) which have been identified 'n 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 aaditional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Unaerground Facilities) at, or contiguous to, the Site which may affect cost, progress, or perfornance of Pe work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidaer, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by B'dder, and safety precautions and programs inc'dent thereto. F. Bidder does not consider that any further examinations, investigations, explorai;ons, tests, studies, or data are necessary for the determination of this aid for performance of the Work at the price(s) Bid and wiihin the times and in accordance with the other terms and conditions of the Bidding Documents. ® 2014 Stantec 1 193802856 REVISED BY ADDENDUM NO. 3 CO 41 10- 1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, Investigations, explorations, tests, studies, and data with the Bidding Documents, I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Badder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Sidd'ng Documents are generally sufficient !o 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 resuit thereof, except for statements that can be shown by ciear 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 WE complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.3.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Toto l Price BASE BID C 1 MOBILIZATION LS 1 $ br), 2 TRAFFIC CONTROL LS 1 $ 5000, CK) $ Iljoco. 00 3 PORTABLE TOILET EA 4 $ irDD- 00 $ WW. 00 4 FULL DEPTH RECLAMATION Sy 4650 $ %-%0 $ 51 tc:7 , 00 5 SALVAGE RECLAIM MATERIAL (P) CY 1290 $ , t 0 $ 1 �� ' co 6 REMOVE MANHOLE EA I $ 60-0-00 $ DQ a 02414Stantec 1 193802856 REVISED BY ADDENDUM NO.3 0041 10-21R) REVISED BID FORM 7 REMOVE CONCRETE WALK 8 REMOVE CONCRETE CURB AND GUTTER 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE 11 RECONNECT EXISTING WATER SERVICE - 6" DIP 12 RECONNECT EXISTING WATER SERVICE - 314" TO 1" COPPE 13 REMOVE 8" WATERMAIN PIPE 14 CONNECT TO EXISTING 8" WATERMAIN 15 ADJUST VALVE BOX 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) 17 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2,Bj 18 BITUMINOUS CURB PATCH 19 BITUMINOUS SiDEWALK AND DRIVEWAY PATCH 20 4" CONCRETE SIDEWALK 21 6"THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP 22 TRUNCATED DOME PANEL 23 CONNECT EXISTING SANITARY SEWER PIPETO MANHOLE 24 IMPROVED PIPE FOUNDATION 25 10" PVC SANITARY SEWER PIPE, SDR 26 26 1076" PVC WYE, SDR 26 27 6" PVC SANITARY SERVICE PIPE, SDR 26 28 B" PVC SANITARY SERVICE PIPE, SDR 26 29 6" PLUG 30 8" PLUG 31 4' DIAMETER CONCRETE SANITARY MANHOLE 32 8" DUCT LE IRON WATERMAIN CLASS 52 33 8" GATE VALVE AND BOX 34 STRIPING, PAINT 0 2014 Staniec 1 193802856 REVISED BY ADDENDUM NO. 3 SY 80 $ + 00 $ koLAO • 00 LF 140 :b 50 00 :b u,, LF 130 $ yR'5o `o' $ to`'1 86. oo EA 2 $ 1-10.00 $ 3`"10. oo EA i $ 1►4gi. 00 $ 1m.00 EA 1 173 LA. oa r, QZ%LA. 00 LF 180 $ llo. 00 $ 00 EA 6 $� >& oo $ ' ,^f {c{s , a0 EA 5 $ 210 3o 0 $ ®O CY 1033 $ 13 .50 $ AA45 , 5o TN 590 $ -17 - oo rr1; $ "iZj��iQ,oQ LF 280 $ ° oo $ 6o`10 ' oO SY .�1% BO $ 6A. o0 � 192D.00 SY 70 $ L+::l .50 $ q'3L4 -5 .'zo SF 52 $ is. DQ $ ic:;&Q• o0 SF 8 $ 'Sca • CRL7 $ u:014. 00 EA 3 $ qq3, 00 $ 9-91cl. Oo LF 1194 $ 1 - 00 $ 11q Lj- Co LF 1 194 $ l 00 $ �� 1� 00 EA 25' 4 $ � J1. co $ 00 LF 40 $ 1llO.5ci $ 00 LF LF 90 $ -I 1 r c) $ �Q" 4�jt7, oo EA 4 $ ZI� . CXD $ <&1-L . 00 EA 4 $ 2 . 00 $ 01 7�b ° (yo EA 7 $ 5c),5. o(7 $ x,525. oo LF 180 $ -1,2-.00 $ 0-110101D. ob EA 1 $ I7101 oc) $ tlifl• 00 LS 1 $ 3+ 0 00 $ 31Lo. 00 0041 i0 -3(R) REVISED BID FORM 35 TOPSOIL BORROW ;LV] CY 20 $ �6 w $ (A) 36 HYDROSEED WITH MULCH SY 100 $ G ' co $ 37 STREET SWEEPER WITH PICK-UP BROOM -IRS 10 $ \W.00 4 $ 1>c ` 00 38 SILT FENCE LF 100 $ `' 00 $ q-00 . ()0 39 PROTECTION OF CATCH BASIN, STREET EA 7 $ k� ' d� $ � 3%-1 • Co 40 TELEVISE SANITARY SEWER LF 1200 $ 1 ' LAC) �¢ A© ' TOTAL - BASE BID: $ I2 --j .rib 020145Fanfec 1 193802856 REVISED BY ADDENDUM NO. 3 0041 10-41R1 REVISED BID FORM 6.0 i Bidder agrees that the Work wN be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 of the General Conditions on o- before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with ;nitial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on �)at--> 2014. eUkli—VA CONS ,L)CMO U , i NL (A Corporation) Name (An Individual) (A Partnership) Business Street Address (No P.O. B #'a): LIA RSL-I�r_ , "I"1 SG,)OLALA 11.,10 Signer d\may pti A,`G Printed Name of Signer Title (T52� �Wa - �J� Phone (%') Luock — Fax aleeO'&&C'004 - C©w� email 0 2014 Stantec 1193802856 REVISED BY ADDENDUM NO.3 END OF SECTION 00 41 10 - 5R) REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Eureka Construction, Inc. 20141 Icenic Trail Lakeville MN 55044 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square. Hartford CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 X Ion Avenue N. New Hoe MN 55428 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Ci!y Project No. 943• X Ion Avenue Sanitary Sewer Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd Melinda Blodgett day of September 1 2014 Eureka Construction, Inc. (Prinarpa!) B: al +iir�aK Alan D. Ames VOsurr'rry . Travelers Casualty and S fJkixflrORi) 1 _ 1 (sem) (seal) M� President Company of America /Ccaaf', wr�n+�_ Attorney -in -Fact Brian J. Oestreich AIA DOCUMENT A310 • BID BOND 0 AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. County of HENNEPIN On this 3rd day of September before me appeared Alan D. Ames being by me duly sworn, did say that he 2014 , to me personally known, who, is the President of Eureka Construction, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (Ifno seal, so state, and strike out above as to corporate Seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Alan D. Ames acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ss. County of HENNEPIN ) County, On this 3rd day of September 2014 , before me appeared Brian J. Oestreich , to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of Travelers Casualty and Surety Company of America a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. MEUNDA C BIADGEUT NOTARY PUBLIC- MINNESOTA MY COMMIS5ION s�IPIFI8 ail9ih 8 Notary Public My commission expires: 1131118 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227574 Certificate No. 005930661 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 Bruce N. Telander, Donald R. Olson, John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Louis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, Christine M. Hansen, D.R. Dougherty, Jack Cedarleaf H, Kurt C. Lundblad, Pamela T. Curran, and Melinda C. Blodgett of the City of Minneapolis , State of Minnesota , 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, recognizance&, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in an` actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be Rigned and then corporate seals to be hereto affixed, this day of May 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 24th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �(1r p1hl9.gBpkEbs,yyA no 11Tal r NAR NG�i`.- y � mf�:Od^oS!*SPMEV,.!OA'RJ�,1�L1yTfG,E9IJ'�o cF�e,l� SV Ap'C o 0�07'ft)n$-$L State of Connecticut City of Hartford ss. ]3y: Aedl' Robert L. Raney, eniar Vice President On this the 29th day of May 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. 0.10 '�111 L In Witness Whereof, I hereunto set my hand and official seal. - �[+\ ' WAA My Commission expires the 30th day of June, 2016. # Lio f Marie C.'lbnm1t, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint 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 Attomeys-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 seaI shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United -States Fidelity' and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compadies,.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 3rd day of September 20 rt 4 ($-r Wd Kevin E. Hughes, Assistant Secltary i�7��'l 9&2fi � n0 i1� �19N5OPo1tT� @tm��4:�s: fpdsf+� .s�P«OasRAo.9hq'' Saan ms��, JH►A`°R'rT°6"ti0""1,1 c0,s`9At am°nRr' 4 ScF� ��a'u1l�Y \46b 7 yd . ti� „wcE 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 Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER BIDDER: Meyer Contracting Inc. Stalntec DOCJMENT 00 41 10 RIVISED BID fORM REVISED BY ADDENDUM NO. 3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO. 193602856 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 Bldding 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 1 2 Addendum Date 8/21/2014 8/27/2014 8/28/2014 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and al! drawings of physical conditions in or relating to existing surface or subsurface structures at, or con'iguous 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 exorninotions, 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 exoressly 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 oral within the times and in accordance with the other terms and conditions of the Bidding Documents. 02014Stanlec 1 193802856 REVISED BY ADDENDUM NO.3 0041 10- i(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relafes to the Work as indicated in the Bidding Documents. H. Bidder has correiated 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 dot 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 'hereof by Engineer is occeptable 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 of 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 o 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 m this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and ore 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 Tataf Price BASE BID 1 MOBIL!ZATiON 2 TRAFFIC CONTROL 3 PORTABLE TOILET 4 FULL DEPTH RECLAMATION 5 SALVAGE RECLAIM MATERIAL (P) LS 1 $ 15 10042. 0 $11r. acr, _ 00 LS 1 $ WCM, C1 $ %Mb0 , EA 4 $$ -to Sy 4650 $ _ 146f) 6f $ X0 CY 1290 $ 'k -Lao $ 116A ob 6 REMOVE MANHOLE EA I $ $ oda .-do 020145tantec 1 1 93802856 REVISED BY ADDENDUM NO. 3 0041 10-2(R) REVISED BID FORM 7 REMOVE CONCRETE WALK 8 REMOVE CONCRETE CURB AND GUTTER 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE 11 RECONNECT EXISTING WATER SERVICE - 6' DIP 12 RECONNECT EXISTING WATER SERVICE - 3/4" TO 1" COPPER 13 REMOVE 8" WATERMAIN PIPE 14 CONNECT TO EXISTNG 8" WATERMAIN 15 ADJUST VALVE BOX 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) 17 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2,B) 18 BITUMINOUS CURB PATCH 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH 20 4" CONCRETE SIDEWALK 21 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP 22 TRUNCATED DOME PANEL 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE 24 IMPROVED PIPE FOUNDATION 25 10" PVC SANITARY SEWER PIPE, SDR 26 26 10'X6" PVC WYE, SDR 26 27 6" PVC SANITARY SERVICE PIPE, SDR 26 28 8" PVC SANITARY SERVICE PIPE, SDR 26 29 6" PLUG 30 8" PLUG 31 4' DIAMETER CONCRETE SANITARY MANHOLE 32 8" DUCTILE IRON WATERMAIN CLASS 52 33 8" GATE VALVE AND BOX 34 STRIPING, PAINT ®2014Stantec 1 193802856 SY 80 $ 4. dD $ ?aa to LF 140 $- $ �1i11•bc7 LF 130 $ 40 -CO $ 52760D� CX:) EA 2 $2In. 57: $ q kg� EA 1 $ !55of. co $ Acl�-m EA 1 $ 1" 'aD . bo $ _( O.0 LF 180 $• rcy $ EA 6 $ 1ZSb •Lb sjSm •Do EA 5 $ a/f� $ CY 1033 $ .Z $ �z�it•� TN 590 $ Ile , S'o $ LAs D LF 280 $. 8 $ sLsb.00 SY 80 s 9T.. - $ —2 -lob . SY ``) 70 $ �� $ I" 5z SF 52 $ $ 16OT3. Do SF 8 $ 5�, S $moo EA 3 $ 2f o0 , oa $ co .Od LF 1 194 $ Z• aD $ r � 15 ^Cd LF 1194 $ $i�.90 EA r1;- 4 $ 4S2. DIS $ !oof. Lrp LF 40 $ • Oa $ 'Zwo. as LF 90 $._5z -Do $4W.OD EA 4 $ 35 • 52) $ 14? -.OD EA 4 $ 49. SLD $ l9 -on EA 7 $ $Z�.m LF 180 $ . ` $ _. EA 1 $Q $ LS 1 $ %5b- D0 $ 361D. dD REVISED BY AD DEN DUM NO.3 00 41 10 - 3{R} REVISED BID FORM 35 TOPSOIL BORROW (LV) CY 20 $ f2�( 215- $ &B 36 HYDROSEED WITH MULCH SY 100 $ e v b $ - MID — 37 STREET SWEEPER WITH PICK-UP BROOM HRS 10 $ $ /5-65^ao 38 SILT FENCE LF 100 $ -- u $ c uv 39 PROTECTION OF CACH BASIN, STREET EA 7 $3` T $ 1,92-C,00 40 TELEVISE SANITARY SEWER LF 1200 $ r $ 120. TOTAL - BASE BID: $ ALT,%A)O . U O 0 2014 Stantec 1193802856 REVISED BY ADDENDUM NO. 3 0041 10 - 4[Rl REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times spec"fied 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 Secugty'n 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 September 3 2014. Inc. (A Partnership) Business Street Address (No P.O. Box #'s): 11000 93rd Ave N., Maple Grove, MN 55369 T"."t " Verlyn Schoep President/COO Signer Verlyn Schoep Printed Name of Signer President/COO Title 763-391-5932 Phone 763-391-5960 Fax vschoep@meyerci.com email 0 2014 Stantec 1 193802856 REVISED BY ADDENDUM NO.3 END OF SECTION 00 41 10 - 5(R) REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Meyer Contracting, Inc. 11000 93rd Avenue North, Maple Grove, MN 55369 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 1400 American Lane Tower 118th Floor Schaumburg, IL 60196-1056 a corporation duly organized under the laws of the State of MD as Surety, hereinafter called the Surety, are held and firmly bound unto Cily of New Hope 4401 Xylon Ave. No., New Hope, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Project No. 943; Xylon Avenue North Sanitary Sewer Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials 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 3,d day of _ September 2014 Contractinq, Inc. Vet" Schoep President/COO and Deposit Company of Maryland _ (surety) / Attomey-4n-Fact Brian J. Oestreich WHO A111 DOCUM ENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of Minnesota ss. On this 3r6 day of September 2014 County of ) before me appeared to me pe Hall kno who, being by me duly sworn, did say that he is the Co of Meyer Contracting,_ Inc. IF a corporation, tha the seal affixed to the foregoing instrument is the corporate seal of said corporation, (2f no seal, so state, and strike out above as to corporate Deal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said acknowledged said instrument to be the free act akid deed of said corporation. A % "I t% Ptfi ic,l y }� County, Aj;}�lA� KEARASHAHAION Y ommissson expires k %X 1g Notary Public State of Minnesota My Commission Expires January 31, 201 S ACKNOWLEDGMENT OF CORPORATE SURETY State of Minnesota ) ) as. On this 3rd day of September 2014 County of Hennepin before me appeared Brian J. Oestreich personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of Fidelity and Deposit Company of Maryland a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said Brian J. Oestreich acknowledge said instrument to be the free act and deed of said corporat`on R � 1P� RACHEL THOMAS NOTARY PUBLIC -MINNESOTA My Commisabn Empires Jan. 31, 2015 VA Notary Public Ramsey County, MN My commission expires 01/31/2015 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in p am (5 r ted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on ID o reby certified to be in full force and effect on the date hereof, does hereby nomin t poDER, Rachel THOMAS, Sandra M. DOZE, R.W. FRANK, q. , oshua R LOFTIS, Craig REMICK, Linda K. FRENCH and B ' H i , Minnesota, EACH its true and lawful agent and Attorney -in -Fact al on its behalf as surety, and as its act and deed: any and all bonds and s, n x onds or undertakings in pursuance of these presents, shall be as binding upon said ie , to all intents and purposes, as if they'had been duly executed and acknowledged by th le officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorn r es that issued on behalf of Bruce N. TELANDER, Rachel THOMAS, Sandra M. DOZE, A.W. FRANK, Donald R. OLSON, John E. TAUER, Joshua R. LOFTIS, Craig REMICK, Linda K. FRENCH, Brian J. OESTREICH, dated April 8, 2011. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 12th day of September, A.D. 2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 'gyp OEPpsr }� W �SRAL w nese cow State of Marylandl ss: City of Baltimore J Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 12th day of September, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �' P�`•'�''1��r hey �. POA -F 184-8081A Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and field on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1991. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of September , 2014 Assistant Secretary Stantec ( - DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. 9 XYLON AVENI IL NOR' H SA.NITAkv SEWER IMPROVEMENTS CITY PROJECT NO. 943 5'.ANTEC; PROJE('1 IJ;), '93&''2856 NFW 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 C i T'ne urldefs;gned Bidder proposes unci agrees.'t th's Bir; is ac.ered, to enter into an Agreement Wth Owner in she fcrm Included in the Bidding Documents to perform all w -,,V %asseciFie;c w ind:cat --d in the Bidding Documents for the prices and •=ie f'rnes indicated In this Bid Banc; ?n cv'cordfmi-nr. wilt th5 r, her 1-uns anCa c•ondl+ions :a` the Bidding Documents. 2.01 Bidder accepts all of the terrm and oriditions to biddeM, including without limitation triose dealirig wiT,) fine disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such lc n5r:r r (Aodl of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Fader has examined and camfu+ y stucJ'ed 1Fe {i--�d'-r: Dcc� ,so's, the other related data identified in the bide ing :;ocu-nents, and the fcllowiny Addsnrl:a.-c_FiFr if ct;I .: ric^ s nereov acknowledged: Addendum Leiter Addendum Date ! 11Lf B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may of%c• cos% oroyress. 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, -s•.d crertarrrrr,rr.E r,'ve-; Jl:ari,. D. Bidder has carefully studied all: (])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, TYlS S orf: (except Underground Facilities) which have been Identified in SC -4.02, and (2) reports and draw rigs of Hazardous Er.'iro,irnental ro,,di lone iha"'love E. Ecce, ryas obta;ned and cure'uliy studied ;,: ^ t P. -*r,'eq.)s-,ces for not doing so) all addit'oru: examiralons, Investigations, exploration. tests . rd data caricerning conditions (surface, subsurface, and ^�derground °aciliYes) a', c; contiaur,�.: tr,e z:,e ^. MI. -rat affect cost, progress, or performance of tre n chk 7r Yvh'c relate to any aspect of tl"e meats, r^e'h-,: ds, seajen_es, cnd procecures of cor!&, JCt'or. T7 be emp oy}c b` Bidder,'ncluding copying tete soec'Fc r nears. •retn-:d„ tF:r")'ALes, sequences, and procedures of construction expre 5�r required by the 5'ading Dccime i s tc be err rpioyea c; �-iaaer, snd safety precautions and programs incident thereto. F Bidder does Trot consider that orry farther aiar; lnafi :rs. explorations, tests, studies, or oata arc- nscessar y %,r the determina`'on a this 3:d 'Gr performance c,"116 v -'Or ; ^t:e pric?rs; Bid and within the tames and In acccfdance w:?'r: he other terms and conditions s' t.,)& Eiddi%g Docurner.:is. t ZN Staresc 1193602856 _.._Y • 9 ' FLDct:G�rb7 r.a- 3 00 41 10- I (R) REVISED BID FORM G. %1!i -.c "is uwarf- of tile: ycr,E im! r;w IJ c= (+1 Work to I':r;rioirried by C)v,,! sur ;Vl-als Cil tnc SP -E: that reloic5 to Ilii; Work a5 irJiroted in ti -re 3iddir:L L;j�.unre!its. li. Bioder has correksted *r!e'nfc:rmat.on known io Bidder, iniour:ration Ond Obs W- 07rcrs autained iron visit; is the Sire, reports and drawings idem:Eed'n the BiddingDcx:urnerris, and all cuditiorial c-xcan-ilnutlons, investlgot�ons, explorations. tests, studir:s, and data with the Bidd'ng DOC!!nlenis. L Sid;fel !las given Engineer wrl#ten notice of ail conflicts, errors, ombiguifius, or discrepancies that Bidder has discovered in the Bicd ng Documents. and the written. resolution, thereof by Engineer is to Bidder. J. The a dd;ng Documents are generally sufficient to inolcate and convey understanding of all terms and conditions for the per armo!ice cf the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do businwvs in the state vrl-rere the Project is located not later than the date of its exec:itiorl of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived ct in teper:dently. �rit�:c i:t r ens �1t7{tan, communication, or agreement as to arty matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting c ompefition. B. The prices in this Bid have not or will not rx6 kro�.Any y rfsr_k: E : to rr:;! other Bidder or competitor prier #o a?f el g of ihw Bids. C. . +o afferr.ct nos been made or wil: be maul- d,r otno r rye ,on or?Irm to subrn't or not to submit a Bid fr r t" e r Lrf ose of restricting competition. 4.02 Bicde- understands that the law may require the Own; --r, �; -r:;�ir.Fc- at the Owner's direction, to ,mdertake an investigotion and submit an evaluation concernirig Bidder's respons'venc;s, respersi:;i ry, and aualificrltlons De;ore award?ng a comrac.t. Bidder hereby waives any and oil c;oims, of of r�*e,fer ra'ure, ag(!7n,,- �v rry=, _-gineer ,-�r d their employees and agents. which a~sa�t o` or �e1r#e to such 'nvestigat'on. and evaluation, ❑r.r f state r er,is Trade as c result thereof, except for statements that can ce ° cin ay tear and conAric nq evidence to beer iV witk ral:y -Fnlsc• aria ^lane yr?#h. a:_tua'. malice. Nothing in this paragraph :s irte-:aed to res`ri^t Bidders rights to chailer-gs a c:ormci r:, irsinn,t If-, 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 pdce(s) set forth below and have been computed ;n accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph i 1.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comp(165o i of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided In the C'Vnt-ac Documents. BASE BID I MOBILIZATION 2 TRAFFIC CONTROL 3 PORTABLE TOILE 4 -w'_L CE'T- RECLAMATION 5 SALVAGE RECLAIM MATERIAL F, 6 REMOVE MANHOLE _=rre^'4.('2355 LS 1 —2-00(2-0 — 20,06Q.— LS i $ — -65h(J-0_y $ a� EA = $ $—c) 50.� SY 4650 CY 1290 $ ✓ rriJ u ` / EA I $ --Low, $ I Qui - 004115 -[Tr. R=EVUEL 51,7 rV IA 7 .':A'^VE CO 4 I:K 1 E ;vAI r, SY 80 $ 0. $ 8 REklOVE CONCRETEC,IRLAN D CUT1Ek LF 140 $ 10'x' i $ 1g6O. 9 S4LVAGE AND REIN.ST.ALL RCP STORM SEWER PIPE: LF 130 $ 30-� $ X00. 10 :-\S-NNERON AND BULKHEAL) SANITARY SEWFR PIPE EA 2 $ �y� $ Do�1 11 RECONNECT EXISTING WATER SERVICE - 6" DIP EA 1 $ 12 RECONNECT EXISTING WATER SERVICE - 3/4" TO 1" COPPER EA 1 13 REMOVE 8" WATERMAIN PIPE LF 180 $ a� �J$ 0 14 CONNECT TO EXISTING 8" WATERMAIN EA 6 $ 00fl 15 AD-�!DS? VALVE BOX EA 5 $ 00• r $ 16 PLACE SALVAGED RECLAIMFDPAVEMFNI:AX-.EkIA_(P) CY 1033 $ $ 17 -t`t'E:iP11.5NON-WEA:iNf',COUPS,_tA!X-UR:_:'7.E TN 590 /�r $�.'04�� $ / 18 BITUMINOUS CURB PATCH LF 280 $ i b• $ ✓ogo -6w0 19 B.7Jim:'40US SIDEWALK AND DRIVEWAY Pflr-;� SY 80 $ � $ 20 4" CONCRETE SIDEWALK SY 70 $ $ 35zo. -- 21 " T -1--K CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 $ ALO" Spoor- $.� 22 TRUNCATED DOME PANEL SF 8 $ —As . — $ _ -3foO• 23 :.Cj'JtiEC- cXIST:NG SANITARY SEWER PIPE TO MANHOLE EA 3 $ O• / $ 24 IMPROVED PIIS FC.::NUATI".7N Lr 1194 $ $ 25 1(Y" PVC SANITARY SPHE R PIPE, SDR 26 LF 1 194 $ �QD , � $ -tLq,* qr- i6 ; X6" PVC., 'NYE, SDR 26 EL 4 $ _ 000. — $ qwo 27 h''r+D`APJITA.FY:>=RVr_r:P_:.5Dk.2 LF 40 $ 90"- $ 3000••, 28 W PVC SANITARY SERVICE PIPE, SDR 26 LF 90 $ $ 9-550.-- 29 6" PLUG EA 4 $�JnO• $ A.200-- 30 W PLUG EA 4 $ 0 $ %0,- 31 N DIAMETER CONCREFESANITARYMANHOLE EA 7 $m9o,!' s 3!&000 32 8" DUCTILE',RCN WATERMAIN CLASS 52 LF 180 $ $ M, --, 33 8" GATE VALVE AND BOX EA 1 $ '+ $ 3 av 34 STRIPING, PAINT LS $Yr ff _ 14 1, 2:':4 S:a^.aC 1 15$602aS! REVGED BY ADDENDUM NO, 3 00 41 10 -31R) REVISED BID FOWN 3-1 TOPSOIL BORROW (LV) CY 20 $--• $_ �%O.1 36 t'l'',3tC,�,cEb ti11'H l:!U�C.H SY 100 +�'7 J •��•I 37 3TR-"El S14 YER WITH PICK-UP BROOM HRS 10 � �•� $ _�� 38 SILT FENCE Lr 100 34 .?F CATCH BASIN, STREET EA 7 � s �• � $ QSQ- 40 TELEVISE SAIlVT.-\RY SEWER LF 1:.G7 $ ��' $ S%Q•/� WTAL - BASE BID: s Z 2014 Storlec 1143802854 REVISED BY ADUNDUM NO, 3 0041 10.418) REVISED BID FORM -1.,0 1 u:C'C'e'! claree's l hat Trie VYork wl' i be $ r`lunYctlll• Completer: ".t..d ccli E-. �,aied ane ready foH raa! F'nyiY*�Ili i:a cr_ croaru:e w7tE7 Pc!ap;apii 1 ,ii7,6 0}` ih(Ct 11Ea1al C oracdiiions era or tsetore the ooies or Nn;?Fain the nGmber oY cole dal cQ"'-- +sAd�ccted :n tate Agreen,!�rv. 5 V2 Bioaer accepts the provisions of the Agreentrrtt as to liquidatea comages in the event of failure io compke to thEr Work within the tines specified above, which shall be stated in 1he Apreen•ient, inn foliowng documents are attached io and mode a condii on cf 111is Bid: A. ?ea: fired 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 Instructlons to Bidders, the General Conditions, and the Supplementary Conditions. S'_aB:11iTTEi, on 9 3 Business Street Address (No F.O. Box #'s}: (A Ptp) nO �� ffg Phone 94;� •Fax �1�• 3an� email [.:-4 _" r`er 193802856 FUSE- Bf hGZ,EN:J:lhh NO, 3 END OF SECTION 00 41 1 D - 5tRi REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Ran Contracting Co. 26480 France Avenue PO Box 246 Elko MN 55020 as Principal, hereinafter called the Principal, and Arch Insurance Company 300 Plaza Three. Jersey City, NJ 07311 a corporation duly organized under the laws of the State of MO as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 &ion„Avenue North New Hope,,MN ._..,._ as Obllgee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars {$ 5% }, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Xylon Avenue North Sanitary Sewer _Improvements, City Project No. 943 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 3rd day of September 2014 Ryan Contractin_a Co. Arch Ir AIA DOCUMENT A310 • SID BOND G&A�Xls FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. County of SCOTT On this 3'a day of Se tember , 2014, before me appeared Thomas J. Ryan to me personally known, who, being by me duly sworn, did say that (s)he is/are the President _ of Ryan Contracting Co. , a corporation, that the seal affixed to the forgoing instrument is the corporate seal of said corporation, (if no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Thomas J. Ryan acknowledged said instrument to be the free act and deed of said corporation. E:= GE NEWTANotary Public Cn. 31.2075 My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNE PIN On this 3'a day of September , 20 4 before me appeared John E. Tager to me personally known, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Arch Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said John E. Tauer acknowledged said instrument to be the free act and deed of said wrporation. K::� Notary Public Ramsey County, MN My commission expires 01/31/15 LIN ULVEN WTAw PIJeW - W024ESOIA My ConMssion Expires January 31, 2015 AIC 0000116907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the mannor.and to 'the extent herein stated Not mild for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guaranies& POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint Brian J Oestrelch, Bruce N Telander, Craig Remick, Donald R Olson, Jerome T. Ouimet, John E Tauer, Joshua R. Loftis, Lin Ulven; Linda K. French, Melinda C Blodgett, Nicole Stillings, R Scott Egginton, R.W. Frank, Rachel Thomas. Ross S Squires and Sandra M Doze of Minneapolis, MN (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000.000 Og This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein The execution of such bonds, undertakings, recogrdzances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.` This Power of Attorney is signed. sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011 VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the_ Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15. 2011, and any such power so executed, sealed and certified with respect to any bond or undertak ng to which it ib.attached, shall continue to be valid and binding upon the Company_ OOMLOO13 00 03 03 Page 1 of 2 Printed in U.SA. AIC 0000116907 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 15th day of May, 2014. Attested and Certified Arch Insurance Company (jakKWAT11 SIM Patrick K. Nails, Secretary — David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS�53111l COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David, M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOIARIA LSEAiL:. �'IEI. NS?AF,RAA+�, W'& elen Szafran, N tary Publi My commission expires 10/03/2017 CERTIFICATION 1, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 15. 2014 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTI ONY WHEf2EOF, I ave hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this � _day of _&R Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 2000 3 Parkway, Suite 1500' Philadelphia, PA 19102 �i¢i�f4�kdtT# � SFAL ��3i0tll�� OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. J DOCUMHNT 40 4i 10 REVISED BID FORM REVISED BY ADDENDUM NO. 3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO. 193802856 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 ail Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: Bidder has examined and carefully studied the Bidding Documents, the other related data identfied in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter l Addendum Date lb 12-1 IIIA lam& _4 .. 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's familiar with and is satisfied as to all federal, state, and local Laws and Reguiations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied a'.i: (1) reports of explorations and tests of subsurface conditions at, or contigucus to, the Sate and ail drawings of physical conditions in or relating to existing surface or subsurface structures a`, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Envarorrnental 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 addltionaa or supp.ementary examinations, invesfgations, explorations, tests, studies, and data concerning condillons (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 Baader, including applying the specific means, methods, techniques, sequences, and procedures of constr:;cl;on expressly required by the Bidding Documents to be empioyed by Badder, 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, 02014Stantec 1193802956 REVISED BY ADDENDUM NO. 3 0041 10- 1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the Information known to Bidder, information and observations obtained from visits to the Site, reports and drawings Identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1.Bidder has given Engineer w itten notice of ail 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 ore 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 wili 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. 4.0: 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 Invesilgation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to 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 Inc,uded :n 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 es*.;mated 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 unNs Qty Unil Price Total Price BASE BID 1 MOBILIZATION LS 1 $7 91 -pb $ 2–pb 7•D�+ 2 TRAFFIC CONTROL LS 1 $ bk 21, CO $ Wil?Z-00 3 POR"ABLE TOILE EA 4 $16.w $ bpo' Ob 4 FJLL DEPTH RECLAMATION SY 4650 $ -7 $ 2XI1.0b 5 SALVAGE RECLAIM MATERIAL [P) CY 1290 $ 6 REMOVE MANHOLE EA 1 $ 02014Stantec 1 193802856 REVISED BY ADDENDUM NO.3 0041 10.2(R) REVISED BID FORM 7 REMOVE CONCRETE WALK SY 80 $ %0 -DD $ &I�I,o 8 REMOVE CONCRETE CURB AND GUTTER LF 140 $ B -5D $ ikcm-DD 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF .30 3 42 -Lop $ `Z!�t�&-cb_ 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 $ !b+-+'MDo $ blmL at) I l RECONNECT EXISTING WATER SERV;CE - 6" DIP EA 1 $ btw lb, lez $ 'alto bb ft 12 RECONNECT EXISTING WATER SERVICE- 314"TO1"COPPER EA 1 s%bb5.14 s I3 a.l 13 REMOVE 8" WATERMAIN PIPE LF 7180 $ IQ$•0D $ _5b --%J ] ,00 14 CONNECT TO EXISTING B" WATERMAIN EA 6 $ 41b 1-ei4 $ Ll1 15 ADJUST VALVE BOX EA 5 $3to•c-'D � I1tm,Qc> 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 $ I3,BID $ _Ih 14-G 17 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2,B) TN 590 $ 514 n 18 BITUMINOUS CURB PATCH LF 280 $ $ :.>b%`� t?O 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 4 3G.55, $.7-544. oD $ j.( ,� 4lpLo. Zo 'lam 20 4" CONCRETE SIDEWALK SY 70 $ 0 $ 21 6" THICK CONCRETE WALK FOR PEDESTRiAN CURB RAMP SF 52 $ i1.�Ii� $ A2 -q. 22 TRUNCATED DOME PANEL SF 8 $ ('015 -Lb $ 5 LI . 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE EA 3 $ `•p•oo $(41-b•oz 24 IMPROVED PIPE FOUNDATION LF 1194 $ `Z. -Z $ 2-0(?>5.M 25 10" PVC SANITARY SEWER PIPE, SDR 26 LF 1194 $ I% 5.LO3 $ 1 16's P14, Z.Z. 26 1076" PVC WYE, SDR 26 EA 4 i IO-1S.Z 5 $ q-230'6. 27 6" PVC SANITARY SERVICE PIPE, SDR 26 LF 40 $ I an -19 __ $ 2AOi ,bz 28 8" PVC SANITARY SERVICE PIPE, SDR 26 LF 90 $ (03.ID3 $ F5 101 Z .1p 29 6" PLUG :A 4 $ Up.0 $ i+0q -10 30 B" PLUG EA 4 $ 2-q,l1I $ 15741 v4 31 4' DIAMETER CONCRETE SANITARY MAN-IOLE EA 7 $'JIn-iS.po $ �!A-TZS.D� 32 8" DUCTILE iRON WATERMAIN CLASS 52 LF 180 $ "I> $ 2.+hLb aim 33 8" GATE VALVE AND BOX EA '. $ '?a.-r� $ UGT I4.1 B 34 STRIPING, PAINT LS $(02-tlAa� 02014Stanlec 1 193802856 REVISED BY ADDENDUM NO.3 00 41 10- 31R) REVISED BID FORM 35 TOP50iL BORROW (LV) CY 20 $!A.5 -D $ -75D oc) 36 HYDROSEED WITH MULCH SY 100 $ Z13:10 $ Z"a-70.00 37 STREETSWEEPER WITH PICK-UP BROOM HRS 10 $ l-3b,;1)D $ t bo-oo 38 SILT FENCE LF 100 $�� $-b�._OZ 39 PROTECTION OF CATCH BASIN, STREET EA 7 $ 55D.00 $ 24SD.cD 40 TELEVISE SANITARY SEWER LF 1200 2.19 s `toL$,c7A TOTAL - BASE BID: $ (AtLp. Sl A 5 ® 2014 Stonfec I i 93802856 REVISED BY ADDENDUM NO.3 00 41 10- 4(R) REVISED BID FORM 6.01 Bidder agrees that tale Work will be S�bs`ontialiy 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 sho:l 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. 6.01 The terms used in th;s Bid with initial capital letters have the meanings stated In the instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on 2014. me Business Street Address (No P.O. Box Wsj:' qlU W b"ia!i &. { T\j 55561 Signer IhL-?C� . W i y ht>k,4 Printed Name of Signer res 1 Title 0Lo--5> 423 -LE &ob _ Phone ! to, C {A Partnership) 0 2014 51antec 1 193802656 REVISED BY ADDENDUM NO.3 END OF SECTION 0041 10-51R) REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Northdale Construction Company,Inc. 9780 - 71st Street NE Albertville MN 55301 as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield MI 48078 a corporation duly organized under the laws of the State of MI as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 Xylan Ave. N., New Hoa MN 55428 as Obligee, hereinafter called the Obligee, In the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for X fon Avenue North Sanitar y Sewer Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials 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 2nd day of September 0 2014 Northdale Construction Company, Inc. i6 (Prrnapai) (Seal) B The Guarantee Corn (Surety) of North America USA (Tile) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. County of On this 2nd day of September 2014 , before me appeared , to me personally known, who, being by me duly sworn, did say that hal is the L 42 i CW of Northdale Construction Company, Inc. , a corporation, `'tat 4 ' ' * the fa�g instrument is the corporate seal of said corporation, (if no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said % Qg::nc�u acknowledged said instrument to be the free act and deed of said corporation. KRIS[INE R CHRISTENSON Notary Public State of Minnesota My Commission Expires January 31, 2019 Ndtary Public ' LCVi6ktV County, ff\q My commission exp I- 3L - ZkY9 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA County of HENNEPLN On this before me appeared 2nd ss. day of September Jack Cedarleaf II 2014 , , to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of The Guarantee Company of North America USA a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jack Cedarleaf II acknowledged said instrument to be the free act and deed of said corporation. NICOLE MARIE STILLINGS NOTARY PUBUC - MINNESOTA MY Commission Expires m January 31, 2015 Notary Public Dakota My commission expires: 1131115 Minnesota THE GUARAN'T'EE !-'X-MPANY ,F NOI2TNf AMERICA USA W Southfield, Michigan POER OF RiRZY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office In Southfield, Michigan, does hereby constitute and appoint Brian J. Oestreich, Jesltua R. Loftis, Bruce N. Telander, R. Scott Egginton, R, W. Frank, Donald R. Olson, John E. Tarter, Craig Remick, Linda X French, Rachel Thomas, Nicole Nelson, Jerome T. Ouimet Cobb Strecker Dunphy & Zimmermann, Inc. its true and lawful attorney(s)-in-Fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by its regularly elected officers at the principal office, The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. 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, contracts of Indemnity and other writings obligatory in the nature thereof: and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. it Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andfor Its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connecflon with. obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior written person at notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 8th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as fhough manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and t, Ila corporate seal to be affixed by Its authorized officer, this 23rd day of February, 2012, 4. S• THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorzed officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takal r >. Notary Public, State ofMlehigan ,rswar;. County of Oakland S. ►o My Commission Expires February 27, 2016 .' Acting In Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written, 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct cop; of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which Is still in full force and effect. Cs 014 IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2nd day of September, 2014 r Randall Mussalman, Secretary n Minnesota Department of F HUMAN.RIGHTS CERTIFICATE OF COMPLIANCE NORTHDALE CONSTRUCTION COMPANY, INC. is hereby certified as a contractor by the Minnesota Department of Human Rights. This certificate is valid from 4/24/2013 to 412412015. 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. Minnesota Department of Human Rights FOR THE DEPARTMENT BY: M Kevin M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER Freeman Building • 625 Robert Street North • Saint Paul, Minnesota 55155 -_.. ___ — ..,,,., - T„ii r-' 1 Rnn.Fi57.3704 • Fax 651.296.9042 • www.humanrights.state.mn.us ® 5tantec BIDDER: Peterson Companies DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO.3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO. 193802856 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave. N New Hope, MN 55428 I.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 8/21/2014 8/27/2014 8/28/2014 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and !ocal 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 of, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction 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. ® 2014 Staniec 1193802856 REVISED BY ADDENDUM N0.3 0041 10-11R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 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 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 LS 1 $22,660.00 $22,660.00 2 TRAFFIC CONTROL LS 1 $2,000.00 $2,000.00 3 PORTABLE TOILET EA 4 $250.00 $1,000.00 4 FULL DEPTH RECLAMATION SY 4650 $2.56 $11,904.00 5 SALVAGE RECLAIM MATERIAL (P) CY 1290 $13.87 $17,892.30 6 REMOVE MANHOLE EA 1 $2,370.00 $2,370.00 7 REMOVE CONCRETE WALK SY 80 $22.90 $1,832.00 8 REMOVE CONCRETE CURB AND GUTTER LF 140 $12.65 $1,771.00 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 $101.08 $13,140.40 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 $3,000.00 $6,000.00 11 RECONNECT EXISTING WATER SERVICE - 6" DIP EA 1 $2,380.00 $2,380.00 12 RECONNECT EXISTING WATER SERVICE - 3/4" TO 1" COPPER EA 1 $1,880.00 $1,880.00 13 REMOVE 8" WATERMAIN PIPE LF 180 $61.00 $10,980.00 14 CONNECTTO EXISTING 8" WATERMAIN EA 6 $1,255.00 $7,530.00 15 ADJUST VALVE BOX EA 5 $524.00 $2,620.00 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 $24.29 $25,091.57 17 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2,B) TN 590 $81.36 $48,002.40 18 BITUMINOUS CURB PATCH LF 280 $10.72 $3,001.60 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH 5Y 80 $42-.50 $3,400.00 20 4" CONCRETE SIDEWALK SY 70 $61.29 $4,290.30 21 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP 5F 52 $34.62 $1,800.24 22 TRUNCATED DOME PANEL SF 8 $75.00 $600.00 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE EA 3 $1,516.67 $4,550.01 24 IMPROVED PIPE FOUNDATION LF 1194 $7.24 $8,644.56 25 10" PVC SANITARY SEWER PIPE, SDR 26 LF 1194 $121.01 $144,485.94 26 10"X6" PVC WYE, SDR 26 EA 4 $990.00 $3,960.00 27 6" PVC SANITARY SERVICE PIPE, SDR 26 LF 40 $88.69 $3,547.60 28 8" PVC SANITARY SERVICE PIPE, SDR 26 LF 90 $64.62 $5,815.80 29 6" PLUG EA 4 $407.50 $1,630.00 30 8" PLUG EA 4 $432.50 $1,730.00 31 4' DIAMETER CONCRETE SANITARY MANHOLE EA 7 $6,952.72 $48,669.04 32 8" DUCTILE IRON WATERMAIN CLASS 52 LF 180 $132.80 $23,904.00 33 8" GATE VALVE AND BOX EA 1 $3,185.00 $3,185.00 34 STRIPING, PAINT LS 1 $5,600.00 $5,600.00 35 TOPSOIL BORROW (LV) 36 HYDROSEED WITH MULCH 37 STREET SWEEPER WITH PICK-UP BROOM 38 SILT FENCE 39 PROTECTION OF CATCH BASIN, STREET 40 TELEVISE SANITARY SEWER TOTAL - BASE BID: CY 20 $65.00 $1,300.00 SY 100 $10.00 $1,000.00 HRS 10 $150.00 $1,500.00 LF 100 $6.00 $600.00 EA 7 $150.00 $1,050.00 LF 1200 $2.00 $2,400.00 $455,717.76 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The fol?owing documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the supplementary Conditions. SUBMITTED on September 3 _ , 2014. Peterson Companies, Inc. (A Corporation) Name (An Individual) (A Partnership) Business Street Address (No P.O. Box #'s): 8326 Wyoming Trail Chisa o f4ty, MN 5501.3 Signer Jonathan Peterson Printed Name of Signer President Title 651-257-6864 Phone 651-257-3393 Fox admin(d,,petersoncompanies.net _ email 0 2014 51antec 1 193802856 REVISED BY ADDENDUM NO.3 END OF SECTION 0041 10-5(R) REVISED BID FORM THE AMERICAN .INSTITUTE OF ARCHITECTS !21 AIA Document A31 U Bid Bond BY THESE PRESENTS, that we Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State ofConnecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope, Minnesota as Obligee, hereinafter called the Obligee, in ::'it, ',an of ;t ., n, •,.,;,. ; ¢� .? 01 .-Vnounn :aid �' "•' �: �" :' µ+..-, sun, tre'l anc truly to be made, the saic Owzu,0rs, C''mim'k; j; ors, success. -r$ and assigns, presents. WHEREAS, the Principal has subnlitted a bid for :ii�t: tO :i'- S 1 .<«ir� ��1►':I II�li71(11'1111Ci'!t1 Dollars ($ 5% }, Principal and the said Surety, bind jointly and severally, firmly by these NOW THEREFORE, if the Obligee shall accept the bid of Ilse I'rinc itml and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such fxmd 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 rri sealed this 3rd day of September 2014 ----_-_----- .ilii_ir�:►�iiu�t_.culll • u:_._..__... � .._ ... _.....__..__... _vL_�e_' Ialo (Witness) --✓ rSeal) ' (Titre) M. A. Jones / i Attorney -In -Fact AIA DOCUMENT A310• BID BOND •AIA®• FEBRUARY 1970 ED. •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 ,(-'RP0RAT7 AC% NOW:L_1 DiMf hj 1. COUNTY %-%1.i� A the 3«i day of Scpiember -- 2014 ,before nye personally appeared_ — to ine, who beim duly sworn, id depose and Say: that s/he resides in – that s/he is the of the �'w—ruainiei, Fnc. the corporation Li4 c.ri��cc( in «rid executed the toregoina it -strurnent; that s/he knows the seal of said corporation; that the seal affixed to said instrument is suc11 corporate seal; that it was so i—' c �iis of the board o d=irectors of sa,d corporation; and that s/he signed her/his nan-ie thereto i'v �1 ■ r LAURIE R. LYONS NOTARY PUBLIC - IV NNEwTA My Commission Expires 1 January 31, 2019 W x rr��' ;� •,•r OF N," (W(:(11 I,(i_"l Y" On the �I ,. da �y.pteurinr...... , 2014 Fx:fr, -v Y of LIS _. _ to nie known, wli(, tx;ill , M the "El )1 .1 Paul jMN that %/he is 1 4 -. .'_ •� -;� n 'Lica ut :'r 7vele.rs C st:�.lty and Surely Coin an of'Arnerica „�� i'.t •.�_., .i .; :.,ri .�tl:x�.i 1<< .; . !vr�re�;.)ii:g instruuu1nt is thecorporate seal c)f said •:�''1•`f:=�=•'E ...'V'it :iS S."Lled Ord sealed on behalf of said corporation by of ri$ lkloard o dire and the .:. dors; a aforesaid ;.rfficc:r tiCkt1E1111rvd4.��`Cl �.i=u iY,4lrLii7'cJlt i.� :?i the i ee act ::nd deed of said corporation, r r _ Notch' PuU . • . itd Nicole Marie Coty Notary Public State of Minnesota Commission 920415501 My Commission Expires January 31.2015 T"• s PC7;E4 OF D.TTC? NEY IS NVAUD WITHOUT THE IRED BaRDER _ POWER OF ATTORNEY TRAI•arLERS tningtort Casualty Company tit. Yaul lviet+rttry L)isut•aorr. l:olrtpnr,,y Fidelity and Guaranty Insuratice Cumpnny Tra%Aevs c asnalty and surrtV Cnrupatly Fidelity and Guaranty [assurance Underwriters, Inc. 'Dravelers C2--ualty and Suroty Company of Anitr•1 ka St. Paul Fire amid Marine Insurance Company Unitr d State% Fidelity and Guaranty l:ontp:ury 81. r.-vl Cv.a 'lkm N-41; aura Cttmpa -ty Atiarne�,-In F.-ct No. 228077 1'erunrate No. 00595-4841 ;iNC3W ALL AIE BY TRE -QE PRESENTS: That Farmington Casualty Company, St, Maul Fire and Marine lasutance Company, St. -k aul Guatdtau insurance CM))IMnny. St. F,11.11 Merrury Insurance Company, Travelers Casualty and Surety Comlit[ny. Travelers Casualty and Surety Company of America, and United States 1icleiITN and Cfuarorry Ctirnpany are corporations duly organized under the la\vs of the State of Connecticut, (hitt Fidelity and Guaraaiy Insurance Company is a C01 pc34alinn duiy org-anized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws or the State of 'Xiscol:sin fhetein collectively called The "Companies"), and that the Companies do hereby make., constitute and appoint ;..tit"Gi. . S. _ ,:fit!. 1r., k. A. Jones,Nicole M. CN -.v, ;n d D. Stittas _kiewicz tt�°cLi E_:r[a_ — Minnesota State of _---_ [heti irut and lae:ful Auoracy(sjaw FhLr, �; e:: •_; s .r caftctl = iF M. D c;:e 's, named abmv, to sig¢:• execute, sc-al ,nd ackncwtzilge any and all bonds, recognizances, conditional uitdertalciugs and to a e;~ o;; behalf ,•f 'tt Cnrlpa: Af ' ;."i4.eir bimitrs; of gome (lie fidelity of prisons, guat:ntteeing the performimcc ,if ;Ar:f.i aat . tttrertai_ rigs required cr permirted in any actions or proceedings allowed by law, IN Fr iTNESS 1t EMREM .Ec ;=la caused rhis instrument to be signed and their corporate reals to be hereto affixed. this loth Stine of Connecticut City 0 Hartfard iti• Farminglou Casualty Cirurpaur Fidelity and Guaranty Insurance coni rally Fidelity and Guaraniv Insurancelike. St. St. lranl File and Marine lesurnn.:c Company St. Pau. Guvr ti:tn Itt::uratuv. l\unq+ ay S1. 1'"[d M.•l<cnt }' tlLyat'xniLl` t 'Irtiiparly 1'r:rtrlrrs Catinahy' a ul MOVIY 1'110111pagy Travrh-rs 1'asually aNid Slu+•Iv 1 lingtarty of Auu•r ira United Stah% kidelity all([ I;uat-auty Collipany ®r"�01 txff�Su61C•l.1^i;�m � nr�� ofs.. ��}./ Ufa Robert L. Raney, . 'aS tior'lnca Pr,:.:id-w I Bth !ur)c 21114 ,1 i K at v1 Rubral L. Ram rho wl-wowled •td himself to Oil tlti.= ilu .-------,---- ;lay of _— _ _-- . _...- _- • hrlore Nile personally, t t y, r be 117: & n4ot Vice President of f)a[rmingtou Calt;ualty Company, FiMity and Guaranty fnsilrattce Company, Irdelity and (itivanty Insurance linderwriters, Iae., St. Paul lite iimf marine rilsarance Crnnnally. St. Paul Gua[fiian Insurance conlpatiy, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers CarLL[1iv and Surely Ccrnpany of America, ung Uniwd States Fidelity and Gucranty Compzny, and that he, as such, being authorized so to do, executed the foregoing inslru,ttenl !or rhe l)tlrpG'%ec therein Contained any signing or, behalf of the corporations by hiriseif us a duly authorizes{ officer. t Ian::. -,t ....::r _e,r, and official seal. " �•�i --... 1� l: ..yJ�l w ;ci:e. 2i,; s, Marie C. Telreault. Notary Public :'-u%c<j in ir.S A. IVAiiNaKi1lli_1ff-,Di191111)I.f1 W--k'iN1.'% - G, M5 POWER OFAri'O iNEY IE MAUD WITHOUT THE BED BORDER T e: A. T-, i &r.A. a.' the &.1 3ovvzng vvsou aki , fidelity tions, Llopled by the Boards of Directors of Fa.mijigtwtt Cawalty Cqnj) y _-sllnxiv r wr, -ters, iaz., S.*. Paul file sadMurine Insurance Cr,mpnny, St, PaulGumdian M!mraure, k::IgL'-Kty 4.!J SLrecii Co-wxanv, Trave:ors Casually and Surety Ovil,pany nfAffi-xica, Frid Uidtt!d Stare% -0XV Lli fuE. we, ,! effect. rettaing ai follows: RESOLVED. C-im'F.r-En, anv Viae Prmident, ORY Senior Vice President, any Vice PmJdfz-it, aity Scei)II(I VtLe !'7 T:-ier' C-poldSecreiary of any Assistant Secretary may appoint Attorneys -in -Fact and Agents to net for and on behalf easv ti:e e. ..... ;- 4i�cll x-EhP:-6 :q h'%.- 7-e-1 inav prescribetosiVii.with tile rf)njp;ljy'snpMe. and �!jiql th- 's S':,:! !rJ othei writings ablig: A-ity In the lialuir, ol'a boikil, taxtgnizanct, or crinditiona) midoutaknig, and tally anv smChaprillree and r"oke tht, power given him OrheX; RL)d it 16 Nwe Olm 'lltn' any 1ExC4;UdV, Vi,;C I'rO5idCljj, any 'ptlllOr Vice Prenid-,ak or any Vic.. Ilmsideilt iftay '7 E7. r-;. tn'. eMpkil cas of it is Company, provided that each such delrgatina is in writing and a copy coal Of itl-k-'Ullli(V, 01 %V-llVkFF uh ikakay ill (lie iiaturo of a bund, wxx)geji7.awitx,,%jo condili-jital ili1rljjj;4Vjlj;! Nt'.teU is J'wsi.L-at, AID Vita OL11 1llRll,;:nY IMC.Cuti-ve Vice We6lic-lit, any srulor Vit X; 111 or ill'y vilm'. rjlr "t'lo-,nue cvrrvlary iv any Asgimaill Sprietilly aild duly allln%md 410 "'t.;l1t.4 with -tiles ei IVL %VA1, J W,111u1-111 by ink! isr intm- Aminit-y-, in 1f-oet and Ap-nP. par:)nint if, ih,-. jicjw,-.r "e-, :;•j o! C-1 "% one or ruivt- Company olticters plil-suant to a writton dele-Oplioll ')I' alabcMily. and it i.; FU i111;U-% MISOLN i:D. -4. xg !r: .- "S . ine. 4"1 :ag offiwers. PwSidullL, ally F)'t-c-litivc Vice, any Senior Vive Pit- Josh, any 'h(:e ljyc j&,nt. !,~t• Ai,:A:tzri: "ice Sec-er---y, racy Ass -stent Secretary, and the sea[ of the Company may be affixed by facsimile to any Power ofAttorney or to any aro'it.ng Resilert V"ce Presidents, Resident Assistant Seureunici or Aitorneys-in-Fact for purposes only of executing and attesting hinds c.'c;- A. , ng� in tile namr-, thwW, jtP4 any Stich Porter of Attomey or certificate beating such facsimile signature or tacsimile sea] - -. r - Ce.n. A ray L -LA any sti6 power wo executed and certified by such Facsimile aignatuie and faOsil"DC seal shall he Valid and hivdinron � ;= -Z Zt ...' Ca: a :y 715 ',!tire W F rerv;- '0 any bond (Y.- unaerstmelial to which it is attachad- Caziaity Company, Fidelity and Guaranty and (;nArailly 111, t --e !4adije Insnne-,ot Crrapany, St. PatL1. Cuai*jian llLetLmncl; Company, St. Paul IvIertilry lizilianix Company, Tmvejs,js Casu.dky killci Cio-.-npEny cf Anerica.And United Statek Fidelity and Guaranty Company do hereby certify that lire above and foregoing t c-'Attor,Z) zxxeciuied ZY avid CO-Piulies, which is in tull force and effect and has not been revoked. IN Trsriuknvi wantror. t --WtrVnw Qvi .1.16 handuktaffixed the seals of said Complies anis __3 _•d _ day of 'St'pten)[A'r 214 '0 - /-K�evjn H. Huphf--%, As.%ki-int See , ary . 0 ...... M4 xi C AL SEAL To verify the authenticity of this Power of Attorney, call I -KO -421-3880 or :Is. Pie ww refer to the. Anvinhey lit Fact the, above-nained individuals and the details of the bond to which the power is aitai:lied. rht% 1"LwWr; Ol A (ji, 'h f?4VAjjj.,)W1j,1,O TICR ED DORM E Zk UT Stantec BIDDER: S.R.Weidema, Incorporated DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO. 3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PRO :ECT NO. 943 STANTEC PROJECT NO. 193802856 NEW HOPE, MINNESOTA 2014 THIS BID IS SUBMITTED TO: City of New Hope City Hail 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 `or 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 limifction those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days offer 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 1 2 3 Addendum Date 8121/14 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to ail fedemi, state, and loco' Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (' ) 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 cortigious to, the Site (except Underground Facilities) which have been identi5ed'n SC -4.02, and (2) reports and drawings of Hazardous Environmental Corditlons that have been identified in SC -4.06. B'dder has obtcined and carefully studied (or accepts the consequences `or not doing so) ail additiona; or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Lnderground Facilities) at, or contiguous to, the Slte which may affect cost, progress, or performance of the work orwnich relate to any aspect of the means, methods, techniques, sequences, and procedures of cor:struction to be employed by Bidder, inciudirg applying the specific means, methods, techniques, sequences, and p-ocedures of construction expressly required oy the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, Investigations, expiorations, tests, studies, or data are necessary for the determination of this Bid for perforrnarce 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. ® 2014 Siantec l 193802856 REVISED BY ADDENDUM NO. 3 0041 1.0-1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, Information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1. Bidder has given Engineer written notice of all conflicts, errors, amb?guities, or discrepancies that B'dder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all 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 evacuation 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 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 Genera: Conditions. Unit Prices have beer. computed in accordance with Paragraph i 1.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for 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 Totd Price BASE BID 1 MOBILZATION 2 TRAFFIC CONTROL 3 PORTABLE TO?LET 4 FULL DEPTH RECLAMATION 5 SALVAGE RECLAIM MATERiA-L (P' 6 REMOVE MANHOLE LS EA SY CY EA a©MESQ,5) $eOa I $ I CIOD . G1G 4 $ =000 4650 $ 1, %© 1290 $ 10 'CO $ 13—A OID a.4 +► 1 0 2014 Stantec 1 193802856 REVISED BY ADDENDUM NO.3 004- .0 - 2(R] REVISED BID FORM 7 REMOVE CONCRETE WALK SY 80 s .00 $ Bm . w 8 REMOVE CONCRETE CURB AND GUTTER LF 140 $ 1+ vc $op 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 $ 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 $ -co $ 6Ciicjo 1. RECONNECT EXISTING WATER SERVICE - 6" DIP EA 1 $ 2 3 ico $ 12 RECONNECT EXISTING WATER SERVICE 3/4!' TO I" COPPER EA 1 $ CO $�dG 13 REMOVE 8" WATERMAIN PIPE LF 180 $ _3 1. c>a $ m 14 CONNECT TO EXISTING 8" WATERMAIN EA 6 $ $ 11'3�4a C1G 15 ADJUST VALVE BOX EA 5 $ 310 •ecj- $ IJppV C� 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 $21.co $ 7,co 17 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) TN 590 $ `oaT, 5 - $ �S+a1 -5-0 18 BITUMINOUS CURB PATCH LF 280 $ f l+oac $ T 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 r� $ 2.5,60 $ l� 20 C CONCRETE SIDEWALK SY 70 $ 4'�. CCS $ 1'J C� • � 21 G" HICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 $'2,0. oo $tT ° c-c> 22 TRUNCATED DOME PANEL SF 8 $ $ T300.0c) 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE EA 3$ $ %'r C0 24 IMPROVED PIPE FOUNDATION LF 1194 p��+� $ !° $ a 70 25 1(Y" PVC SANITARY SEWER PIPE, SDR 26 L= 1194 $ )33,0c) $ + 26 .(Y"X6" PVC WYE, SDR 26 EA 4 $ '381 ICb $ 27 6" PVC SANITARY SERVICE PIPE, SDR 26 LF 40 $ .3 ,cam $ j I> � �0 28 8" PVC SAN17ARY SERVICE PIPE, SDR 26 LF 90 $ R I3`C0 $ _af)J 7©1 CIO 29 6' PLUG EA 4 $ '73-CO $ I Oc) 30 8" PLUG EA 4 $ 84 a cc $ '(o i 00 31 4'DiAMETERCONCRETE SANITARY MANHOLE EA 7 $'I S(,(vjz $"�C)(c co 32 8" DUCTILE IRON WATERMAIN CLASS 52 LF 180 $ � $ 33 8" GATE VALVE AND BOX EA 1 r�� 7�y� $ rC.� `(0a wi r�+� $ , 1 1 r G 40 34 STRIPING, PAINT S L5,81i -7 zo $_Lrco ® 2014 Stantec 1 193802856 REVISED BY ADDENDUM NO.3 0041 10-3(W, REVISED BID FORM 35 TOPSOIL BORROW (LV) CY 20 $ $ 36 HYDROSEED WITH MULCH SY 100 $+ao ----��ee.co $c' 37 STREET SWEEPER WITH PICK-UP BROOM HR5 10 $ 1301w $�� 38 SILT. FENCE LF 100 $ �oCJ $ f co 39 PROTECTION OF CATCH. BASIN, STREET EA 7 $ 39IJ 1 .�.75oo $ /C.,.r7(5r 60 40 TELEVISE SANITARY SEWER LF 1200 $ ,5-0 $ '3' 1 00 TOTAL - BASE SID; icono $ 0 2014 Stantec 1193802856 REVISED BY ADDENDUM NO. 3 0041 10-4(R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The foilowing documents are attached to and made a condition of this Sid: 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 September 3rd 2014 2014. S.R. Weidema, Incorporated orparation Name "' (An Indlvl ual) (A Partnership) Business Street Address (No P.O. Box #'s): 17600 113th Ave N Ma e'kyrlkz-55 69 Signer Scott Weidema Printed Name of Signer President Title 763-428-9110 Phone ® 2014 Stantec 1 193802855 REVISED BY ADDENDUM NO.3 END OF SECTION 0041 10-51R1 REVISED 3ID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE S.R. Weidema Inc. 17600 113th Avenue North, Maple Grove, MN 55369 as Principal, hereinafter called the Principal, and Travelers Casualty and Sure Company of America One Tower S uare Hartford CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 alon Ave. No., New Hope MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ?, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Cn Project No. 943• X Ion Avenue North Sanitary Sewer Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials 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 2nd day of September S.R. Weidema, Inc. Im (P 1) (Seal) r BY: Scott 1014lidema President MffB) 0 sUg� Travelers Casualty and Surety Company of America 9 tC 1Ft_f3Tr_ roll!!],! � .� / 41w) I t Aftrney4n-Fact ' Brian J. Oestreich (Title) AIA DOCUMENT A310 • BID BOND • ATA / FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. County of ) On this 2nd day of before me appeared Scott Weidema being by me duly sworn, did say that he of S.R. Weidema, Inc. September 2014 , , to me personally known, who, is the President a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (Ifno seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Scott Weidema acknowledged said instrument to be the free act and deed of said corporation. WJ�IE NOEL JONEB N t Public i+fl County, NOTARY PLMJC My commission expiresWNNESOTA ammss�on E� Jim 81, V ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. County of ]HENNEPIN ) On this 2nd day of September 20 14 , before me appeared Brian J. Oestreich , to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of Travelers Casualty and Surety Company of America a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. WLIN:DA�K- et�.l�nw�,s�e�e A� ss, sops et Notary Public W My commission expires: County, 41/31/2015 MN WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS 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. 227574 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 5 9 3 0 4 9 0 KNOW AIL 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 Bruce N. Telander, Donald R. Olson, John E. Tatter, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, Christine M. Hansen, D.R. Dougherty, Jack Cedarleaf II, Kurt C. Lundblad, Pamela T. Curran, and Melinda C. Blodgett of the City of + Minneapolis State of Minnesota , 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 tie Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakidgs required or permitted in any a -tions or proceedings allowed by law. i IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and then corporate seals to be hereto affixed, this day of May 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Companv Fidelity and Guaranty Insurance Underwi iters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 29th Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company µ1Y AA,,, 0 3 b" n �raattta r •¢ � dux aP�RA�Fy�i �',?� puRgT'`yjn} � �9. ,y x 1982 0 1917 �; 1^ 3X?c� f ni a KAMM, FiAR4P51 < VYCOMM. CassuI �f • hri� AT� State of Connecticut City of Hartford ss. By: Robert L. Raney,enior Vice President On this the 29th day of May 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. In Witness Wlreaeof, I hereunto set my hand and official seal. ®rAw" My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. Marie C. Tbucault, Notary Public II WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, an, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-i_u-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 Fidc %' and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2nd day of September 20 14 . l� (Sr. Kevin E. Hughes, Assistant Sec tary (a9C) 0 0 0 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER l COUNCII i Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 8, 2014 Development & Plannin Item No. By: Bob Paschke, Dir Pub Works By: Kirk McDonald, City Manager 8.3 Resolution awarding a contract to Eureka Construction, Inc. for sanitary sewer improvements on Xylon Avenue, south of 45th Avenue to 42nd Avenue (improvement project No. 943) Requested Action Staff recommends awarding a contract to Eureka Construction, Inc. in the amount of $289,724.50 for sanitary sewer infrastructure improvements at the intersection of Xylon and 45th avenues and to the south on Xylon Avenue; and issuing an order to construct the improvements. Policy/past Practice The City Council routinely considers public infrastructure improvement projects to develop future needs and growth of commercial and retail properties. Background Hy -Vee has requested that the city utilities be made ready to accommodate redevelopment in 2014. The critical utility needing improvement is the sanitary sewer on Xylon Avenue, as the elevation is not low enough to allow for connection of the redevelopment to the city sewer main. The other city utilities can serve the immediate needs of the redevelopment and can be improved in the future, potentially in 2015, in concurrence with the street improvements on Xylon Avenue and 45th Avenue. A City Center feasibility report was presented and accepted by the Council on March 11, 2013. Identified in the City Center feasibility report were specifications to match the upgrade of city sanitary sewer on Xylon Avenue to the improvements completed on Winnetka and 45th in 2012. The size of the existing sanitary sewer is to be increased from nine to ten inches; the pipe elevation will be lowered as recommended in the feasibility report. Council authorized the plans and specifications for improvement project 943 and ordered solicitation of bids on July 28, 2014. Motion by Second by To: 1: \ Kt'A N YU t3 W UKKS N 2U14 \ 943 Xylon-45th sewer project award.doc Request for Action, Page 2 September 8, 2014 If ordered by Council, construction will occur and be completed during the fall of 2014. Completing sanitary sewer improvements in 2014 will require additional costs to restore (bitundnous patching, seeding) the pavement and boulevard on Xylon Avenue. The bid opening occurred on September 3, 2014, there were six bidders. Funding The engineer's estimate of total project cost is $265,000. The funding source will initially be provided by the EDA and in the future reimbursed by Tom, per the interfund loan agreement prepared by Ehlers. Attachments • Resolution • City engineer memo a Bid tab City of New Hope Resolution No. 2014--Uo Resolution awarding a contract to Eureka Construction, Inc. for sanitary sewer improvements on Xylon Avenue, south of 45th Avenue to 42n1 Avenue, (improvement project no. 943) WHEREAS, the City Council routinely considers public infrastructure improvement projects to develop future needs and growth of commercial and retail properties; and, WHEREAS, staff recommends that improvements be made to the city's sanitary sewer infrastructure at the intersection of Xylon Avenue and 45th Avenue, as well to the south on Xylon Avenue; and, WHEREAS, a feasibility report was presented in which the report recommended upgrades of the existing utilities to accommodate redevelopment; and, WHEREAS, the city engineer has designed infrastructure improvements to the specifications of the city of New Hope. WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with project 943; and, WHEREAS, the bid from Eureka Construction, Inc. in the amount of $ 289,724.50 is the lowest responsible bid submitted; and, WHEREAS, funding for improvement project 943 will be provided by the EDA and reimbursed by the tax increment financing district, per the interfund loan agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for the 2014 infrastructure improvement project 943 be awarded to Eureka Construction, Inc in the amount of $289,724.50. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of September, 2014. .•. J Attest: LU'42a,,�' City Clerk Stantec September 3, 2014 Stantec Consulting Services Inc. 2335 H?ghway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Xylon Avenue North Sanitary Sewer Improvements City Project No. 943 Stantec Project No. 193802856 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on September 3, 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 Eureka Construction, Inc. with a Total Base Bid Amount of $289,724.50. This compares to the Engineer's Opinion of Probable Costs of $265,000.00. 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 Eureka Construction, Inc. should be awarded the Project on the Total Base Bid Amount of $289,724.50. Should you have any questions, please feel free to contact me at (651) 604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. 'il Christopher W. Long,, P P Enclosure contractor Total Base Bid Low Eureka Construction, Inc. $289,724.50 #2 Meyer Contracting, Inc. $315,900.00 #3 Ryan Contracting Co. $342,317.00 #4 Northdale Construction Co., Inc. $416,651.95 #5 Peterson Companies, Inc. $455,717.76 #6 S.R. Weidema, Inc. $461,836.20 The low Bidder on the Project was Eureka Construction, Inc. with a Total Base Bid Amount of $289,724.50. This compares to the Engineer's Opinion of Probable Costs of $265,000.00. 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 Eureka Construction, Inc. should be awarded the Project on the Total Base Bid Amount of $289,724.50. Should you have any questions, please feel free to contact me at (651) 604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. 'il Christopher W. Long,, P P Enclosure S%a rrtec Project Name: X&n Avenue North Sanitary Sewer Improvements I hereby ayff* drat ffi& /IF an exact ,4roakxtbn #bkev recelued. City Project No.: 943 Project No.: 193802856 Bid Opening: Wednes*, September 3 2014 at 10:30 A.M. CDT Owner. City of New Hope 0d5trpherW.Long, PE ---- Lr¢vtse A4o. 47106 Bidder No. i Bidder No. 2 Bidder No. 3 Bidder No. 4 SID TABULATION Item Num Item Units qty Unit Price BASE BID Unit Price Total 1 MOBILIZATION LS 1 2 TRAFMC CONTROL LS 1 3 PORTABLE TOILET FA 4 4 FULL DEPTH RECLAMATION SY 4650 5 SALVAGE RECLAIM MATERIAL (P) CY 1290 6 REMOVE MANHOLE EA 1 7 REMOVE CONCRETE WALK SY 80 8 REMOVE CONCRETE CURB AND GUTTER LF 140 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 SO ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 11 RECONNECT EXISTING WATER SERVICE - 6" DIP EA 1 12 RECONNECT EXISTING WATER SERVICE - 3/4" TO 1" COPPER EA 1 13 REMOVE 8" WATERMAIN PIPE LF 180 14 CONNECT TO EXISTING 8" WATERMAIN LA 6 15 ADJUST VALVE BOX EA 5 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 17 TYPE SP 12.5 NON -WEARING COURSE MDCTURE (2,B) TN 590 18 BITUMINOUS CURB PATCH LF 280 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 20 4" CONCRETE SIDEWALK SY 70 21 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 22 TRUNCATED DOME. PANEL. SF 8 23 CONNECT EXISTING SANITARY SEINER PIPE TO MANHOLE EA 3 24 IMPROVED PIPE FOUNDATION LF 1194 25 10" PVC SANITARY SEWER PIPE, SDR 26 Ir 1194 26 10"X6" PVC WYE, SDR 26 EA 4 27 6" PVC SANITARY SF.RVICF PIPE, SDR 26 LF 40 28 8" PVC SANITARY SERVICE PIPE, SDR 26 LF 90 29 6" PLUG EA 4 30 8" PLUG EA 4 $13.50 4' DIAMETER CONCRETE SANITARY MANHOLE EA 7 $5.00 8" DUCTILE IRON WATERMAIN CLASS 52 LF 180 31 8" GATE VALVE AND BOX EA 1 32 STRIPING, PAINT LS 1 33 TOPSOIL BORROW (LV) CY 20 34 HYDROSEED WITH MULCH SY 100 35 STREET SWEEPER WITii PICK-UP BROOM HRS 10 36 SILT FENCE LF 100 37 PROTECTION OF CATCH BASIN, STREET EA 7 38 TELEVISE SANITARY SLWLR LF 1200 $15.00 TOTAL - BASE BID: $20.25 $1,053.00 Contractor Name and Address: Phone: Fax Email: Signed By: Tide: Bid Security: Addenda Acknowledged: Eureka Construction, Inc. Meyer Contracting, Inc. Ryan Contracting, Inc. Northdale Construction Co., Inc. Unit Price Total Unit Price TOW Unit Price Total Unit Price Total $14,215.00 $14,215.00 $15,000.00 $15,000.00 $20,000.00 $20,000.00 $20,600.00 $20,800.00 $5,000.00 $5,000.00 $35,000.00 $35,000.00 5000 $5,000.00 $3,122.00 $3,122.00 $150.00 $600.00 $164.50 $658.00 $250.00 $1,000.00 $75.00 $300.00 $1.10 $5,115.00 $1.60 $7,440.00 $2.00 $9,300.00 $1.78 $8,777.00 $7.10 $9,159.00 $7.60 $9,804.00 $5.00 $6,450.00 $6.75 $8,707.50 $802.01) $802.00 $500.00 $500.00 $1,000.00 $1,000.00 $1,250.00 $1,250.00 $8.00 $640.00 $4.00 $320.00 $10.00 $800.00 $10.00 $800.00 $4.50 $630.00 $3.70 $518.00 $10.00 $1,400.00 $8.50 $1,190.00 $49.50 $6,435.00 $40.00 $5,200.00 $30.00 $3,900.00 $42.60 $5,538.00 $170.00 $340.00 $239.50 $479.00 $1,000.00 $2,000.00 $1,850.00 $3,700.00 $1,181.00 $1,181.00 $4,305.00 $4,305.00 $2,000.00 $2,000.00 $3,168.80 $3,168.80 $1,284.00 $1,284.00 $1,700.00 $1,7DO.00 $1,000.00 $1,000.00 $1,388.14 $1,388.14 $16.00 $2,880.00 $7.60 $1,368.00 $10.00 $1,800.00 $18.50 $3,330.00 $833.00 $4,998.00 $1,250.00 $7,500.00 $2,000.00 $12,000.00 $4,701.94 $28,211.64 $263.00 $1,315.00 $105.00 $525.00 $400.00 $2,000.00 $350.00 $1,750.00 $13.50 $13,945.50 $12.50 $12,912.50 $5.00 $5,165.00 $13.5D $13,945.50 $72.00 $42,480.00 $76.50 $45,135.00 $72.00 $42,480.00 $92.43 $54,533.70 $18.00 $5,040.00 $18.75 $5,250.00 $18.00 $5,D40.00 $11.85 $3,318.00 $24.00 $1,920.00 $35.00 $2,800.00 $44.00 $3,520.00 $35.55 $2,844.00 $49.50 $3,465.00 $105.00 $7,350.00 $50.00 $3,500.00 $58.66 $4,106.20 $15.00 $780.00 $20.25 $1,053.00 $10.00 $520.00 $17.78 $924.56 $58.00 $464.00 $58.50 $468.D0 $45.00 $360.00 $6.5.18 $521.44 $993.00 $2,979.00 $2,500.00 $7,500.00 $5,000.00 $15.000.00 $3,250.00 $9,750.00 $1.D0 $1,194.00 $2.00 $2,388.00 $3.00 $3,582.00 $2.50 $2,985.00 $75.00 $89,550.00 $65.25 $77,908.50 $100100 $119,400.00 $113.63 $135,674.22 $432.00 $1,728.00 $452.00 $1,808.00 $1,000.00 $4,000.00 $1,075.75 $4,303.00 $76.50 $3,060.00 $50.00 $2,000.00 $90.00 $3,60D.00 $60.19 $2,407.60 $71.50 $6,435.00 $52.00 $4,680.00 $95.00 $8,550.00 $63.03 $5,672.70 $218.00 $872.00 $35.50 $142.00 $300.00 $1,200.00 $26.05 $104.20 $234.00 $936.00 $49.50 $198.00 $400.00 $1,600.00 $39.81 $159.24 $5,075.00 $35,525.00 $4,221.00 $29,547.00 $5,000.00 $35,00D.00 $5,675.00 $39,725.00 $72.00 $12,960.00 $68.00 $12,240.00 $40.00 $7,200.00 $135.91 $24,463.80 $1,770.00 $1,770.00 $2,468.00 $2,466.00 $3,000.00 $3,000.00 $2,914.78 $2,914.78 $3,650.00 $3,650.00 $3,650.00 $3,650.00 $4,000.00 $4,000.00 $6,217.93 $6,217.93 $68.00 $1,360.00 $34.25 $685.00 $35.00 $700.00 $37.50 $750.00 $5.00 $500.00 $5.00 $500.00 $3.00 $300.00 $23.70 $2,370.00 $130.OD $1,300.00 $150.50 $1,505.00 $130.00 $1,300.00 $150.00 $1,500.00 $2.00 $200.00 $2.70 $270.00 $2.00 $200.00 $8.50 $650.00 $191.00 $1,337.00 $275.00 $1,925.00 $150.00 $1,050.00 $350.00 $2,450.00 #1.40t11680.00 #1.150 tI.2D0.00 $2.00 12,400.00 $2.19 $2,628 0 $289,724.50 $315,900.00 $342,317.00 $416,651.95 Eureka Construction, Inc. Meyer Contracting, Inc. Ryan Contracting Co. Northdale Constnxtion Co., Inc. 20141 ]genic Trail 11000 93rd Avenue N 26480 France Ave., PO Box 246 9760 71st Street NE Lakeville, MN 55044 Maple Grove. MN 55369 Elko. MN 55020 Albertville, MN 55301 952-469-5685 763-391-5932 952439+3200 763-428-4868 952-469-5228 763-391-5%0 952-8943207 763-428-4997 alQeurekamnstmm yschoepOrneverri.com torna[yancont.com tomwtanorthdalemnstmm Alan Ames Veryln Srhope Thomas J. Ryan Thomas A Wilebski President President/CDO President President Bid Bond Bid Bond Bid Bond Bk) Bond 1,2,3 1,2,3 1,2,3 1,2,3 193602356irri" BT -1 Stantec Bidder No. 5 Bidder No. 6 810 TABULATION Peterson Companies S.R. Weidema, Inc. Item Num item Unita Q Unit Price Total Unit Price Total BASE BID 1 MOBILIZATION LS 1 $22,660.00 $22,660.00 $20,000.00 $20,000.00 2 TRAFFIC CONTROL LS 1 $4000.00 $2,000.00 $4,000.00 $4,000.00 3 PORTABLE TOILET EA 4 $250.00 $1,000.00 $200.00 $800.00 4 FULL DEPTH RECLAMATION SY 4650 $2.55 $11,904.00 $1.70 $7,905.00 5 SALVAGE RECLAIM MATERIAL (P) CY 1290 $13.87 $17,892.30 $10.00 $12,900.00 6 REMOVE MANHOLE EA 1 $2,370.00 $2,370.00 $1,200.00 $1,200.00 7 REMOVE CONCRETE WALK SY 80 $22.90 $1,832.00 $10.00 $800.00 8 RFTTOVF CONCRETE CURB AND LIFT-FLR IF 140 $12.65 $1,771.00 $9.20 $1288.00 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE IF 130 $101.08 $13,140.40 $89.00 $11,570.00 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 $3,000.00 $6,000.00 $1,200.00 $4400.D0 11 RECONNECT EXISTING WATER SERVICE - 6" DIP EA 1 $2,380.00 $2,380.DD $2,328.00 $2,328.00 12 RECONNECT EXISTING WATER SERVICE - 314" TO 1" COPPER EA 1 $1,880.00 $1,880.00 $2,200.00 $2,200.00 13 REMOVE 8" WATERMAIN PIPE IF 180 $61.00 $10,980.00 $31.00 $5,580.00 14 CONNECT TO DaSTING 8" WATERMAIN EA 6 $1,255.00 $7,530.00 $2,064.00 $12,384.00 15 AD3UST VALVE BOX EA 5 $524.01) $2,620.00 $390.00 $1,950.00 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 $24.29 $25,091.57 $29.00 $29,957.00 17 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2,B) TN 590 $81.36 $48,002.40 $76.75 $45,28250 18 BITUMINOUS CURB PATCH LF 280 $10.72 $3,001.60 $19.20 $5,376.00 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 $42.50 $3,400.00 $25.60 $2,048.00 20 4" CONCRETE SIDEWALK SY 70 $61.29 $4,290.30 $45.00 $3,150.00 7.1 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 $34.62 $1,800.24 $20.00 $1,040.00 22 TRUNCATED DOME PANEL SF 8 $75.00 $600.00 $100.00 $800.00 23 CONNECT EXISI ING SANITARY SEWER PIPE TO MANHOLE EA 3 $1,516.6'1 $4,550.01 $2,737.00 $8,211.00 24 IMPROVED PIPE FOUNDATION IF 1194 $7.24 $8,644.56 $4.55 $5,432.70 25 10" PVC SANITARY SEWER PIPE, SDR 26 LF 1194 $121.01 $144,485.94 $133.00 $158,802.00 26 10"X16' PVC WYE, SDR 26 EA 4 $990.00 $3,960.DDI $381.00 $1,524.00 27 6" PVC SANITARY SERVICE PIPE, SDR 26 IF 40 $88.69 $3,547.60 $371.00 $14,840.00 28 B" PVC SANITARY SERVICE PIPE, SDR 26 IF 90 $64.62 $5,815.80 $273.OD $24,570.00 29 6" PLUG EA 4 $407.50 $1,630.00 $73.00 $292.00 30 B" PLUG LA 4 $432.50 $1,730.00 $84.00 $336.00 4' DIAMETER CONCRETE SANITARY MANHOLE EA 7 $6,952.72 $48,669.04 $4,866.00 $34,062.00 8" DUCTILE IRON WATERMAIN CLASS 52 LF 180 $132.80 $23,904.00 $113.00 $20,340.00 31 8" GATE VALVE AND BOX EA 1 $3,185.00 $3,185.00 $2,176.00 $2,175.00 32 STRIPING, PAINT LS 1 $5,600.00 $5,600.00 $5,847.00 $5,847.00 33 TOPSOIL BORROW (LV) CY 20 $65.00 $1,300.00 $44.00 $880.00 34 HYDROSEED WITH MULCH SY 100 $10.00 $1,000.00 $20.00 $2,000.00 35 STREET SWEEPER WITtl PICK-UP BROOM HRS 10 $150.00 $1,500.00 $130.00 $1,300.0D 36 SILT FENCE IF 104 $6.00 $600.00 $5.00 $500.DD 37 PROTECTION OF CATCH BASIN, STREET EA 7 $150.00 $1,050.00 $395.00 $2,765.OD 3B '111XVI.5ESAN11ARYSEWER LF 1200 $2.00 t2.400.00 $2.50 TOTAL - BASE BID: $455,717.76 $461,836.20 Contractor Name and Address: Peterson Companies, Inc. S.R. Weidema, Inc. 8326 Wyoming Trail 17600 113th Avenue N ChIsago Cdlt, MN 55013 Maple Grove, MN 55369 Phone: 651-257-66864 763428-9110 Fax 651-257-3393 763-428-9095 Email: adminapMrsoncompanies.net estlmatinwasrweidema.mm Signed By: ]onathan Peterson Scott Weidema Title: President President Bid Security: Bid Bond Bic Bond Addenda Acknowledged: 1,2,3 1,2,3 L93BNINBT-Idem BT -2 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (6511636-4600 Fox: (651) 636-1311 September 9, 2014 Mr. Alan Ames Eureka Construction, Inc. 20141 Icenic Trail Lakeville, MN 55044 Re: City of New Hope, Minnesota Xylon Avenue North Sanitary Sewer Improvements City Project No. 943 Stantec Project No. 193802856 Notice of Award/Contract Documents Dear Mr. Ames: You are notified that your Bid dated September 3, 2014 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $289,724.50 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Nope covering the above -referenced Project. Please complete Specification Document 00 5210 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen & 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 Eureka Construction, 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, Christopher . Long, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steven Sondrall, City Attorney Casign with community in mind JENSENSONDIALL PERSELLIN&WOODS 0 Ell P.A_, ATIORNEYS AT LAW Gowan L..lulsE"' MELAHIE-P PERS�EIVH— Srr%A a A. 50NDRAL11 STACYA WOODS' a ileal Property Lew Specialist -3artrfied By The Minnesota State Bar �Licena ed.ln �Ih��aisrCol ofasio . QusOified Neutral Ma_dlaiot under Rule1114 September 15, 2014 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 ED IN BROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (753) 493-5193 vw+wjspWaw.com Whim's Direct Dial No.: (763) 201-0265 e-mail saw@ispwlaw.com Re: Xylon Avenue North Sanitary Sewer Improvements City Project No.: 943 Our File No.: 99.10030 Dear Val: personal delivery Enclosed please find four copies of the contract and bonds for the above -referenced project, as well as the Certificate of Liability Ensurance received from Eureka Construction, Inc. All are in order from a legal standpoint. Please call me if you have any questions. Veltruly yours, Stacy A. Woo s, Assistant City Attorney, (2 City of New ope Enclosures cc: Jeff Sargent, Community Development Director Bob Paschke, Public Works Director Chris Long, City Engineer September 18, 2014 Mr. Alan Ames Eureka Construction, Inc. 20141 Icenic Trail Lakeville, MN 55044 SUBJECT: Xylon Avenue North Sanitary Sewer Improvements - Project 943 At its meeting of September 8, 2014, the New Hope City Council approved the contract with your company for project no. 943 for $289,724.50. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Bob Paschke, director of public works Chris Long, city engineer Shawn Markham, contract manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 tv C 0 !+1 ! "' A C T DOGUIMENTS 3ACT Ch,)'T' i E N T S Project Manual For Xylkor, Avenue North Sanitary Sewer Improvements Prepared for: City of New Hope, Minnesota City Project No. 943 a"i Stantec August 2014 Stantec Project No. 193802856 DOCUMENT DO 91 13 ADDENDUM 3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS PROJECT NO. 193802856 NEW HOPE, MINNESOTA August 28, 2014 Number of Pages: 16 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 -General Office (651) 6044808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name Date DOCUMENT 00 41 10 - BID FORM 1. Delete this Document in its entirety and add the attached Document. A. The following bid item has been added to the Revised Bid Form: 8" Gate Valve and Box (Revised Bid Item No. 33) B. The following Bid Item quantities were revised (All item numbers Were updated to be in sequential order.): Full Depth Reclamation (Bid item No. 4). Salvage Reclaim Material (P) (Bid Item No. 5). Remove 8" Watermain Pipe (Bid Item No. 13). Connect to Existing 8" Waterrnain (Bid Item No. 14). Place Salvaged Reclaimed Pavement Material (P) (Bid item No. 16). Type SP 12.5 Non -Wearing Course Mixture (2,B) (Bid Item No. 17.) 8" Ductile Iron Watermain Class 52 (Bid Item No. 32). SECTION 0150 00 -TEMPORARY FACILITIES AND CONTROLS 1. Page 01 50 00-2, Paragraph 1.02.A. Add the following item immediately after Item No. 4, changing item No. 5 to No. 6. 5. A Bid Item has been provided for Portable Toilet: Measurement will be per each portable toilet supplied for each water main disruption period. Only one Portable Toilet is required per water main night shut down work, This item does not include portable toilets which are used during the entire construction period for contractors. SECTION 33 12 12 - WATER SERVICES 1. Page 33-12-12-1, Article 1.02 PRICE AND PAYMENT PROCEDURES. Delete this Article in its entirety and replace with the following. A. Measurement and Payment 1. A Bid Item has been provided for Reconnect Water Service - 6" DIP. Measurement shall be by Each service reconnected. Payment shall be compensation for furnishing and installing all fittings, pipe, excavation, testing, and backfilling of service. 2. A Bid Item has been provided for Reconnect Water Service - 3/4" to i ". Measurement shall be by Each service reconnected regardless if it is a 3/4" or 1" water service. Payment shall be compensation for furnishing and installing all fittings, pipe, excavation, testing, and backfilling of service. ADDENDUM 3 0201 A Stantec 1 193802856 0091 13-2 3. A Bid Item has been provided for 8" Ductile Iron Watermain Class 52. Measurement shall be by lineal foot of new watermain. Payment shall be compensation for furnishing and installing all fittings, pipe, excavation, testing, and backfilling of service. 4. A Bid Item has been provided for Connect to Existing 8" Watermain: Measurement shall be based on Each connection made to the shown existing 8" cast iron pipe water main, payment at the Bid Unit Price shall include all items required to complete the Work. Temporary connections to the existing water main are considered incidental. 8" DIP Watermain is not required to be bacteria tested however it must cleaned with chlorinated water prior to installation. 5. A Bid Item has been provided for 8" Gate Valve and Box. Measurement shall be by Each gate valve and box installed of the specified size. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified, Ind, ,ding all valve box adjustments required throughout the project. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 2. Page 33 12 123, Article 2.06. Add the following Article after 2.06: 2.07 Gate Valve and Box A. Gate Valve. 1. General Requirement: AWWA C515 - Ductile Iron. 2. Non -rising stem (NRS), opening by turning counter clockwise, 2 inches square operating nut. 3. O-ring seals. 4. Mechanical joint ends conforming to AWWA C1 11 /A21.11. 5. Exterior Bolt Assemblies: Conform to Part 2 - Bolt Assemblies. 6. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AWWA C550 and C116/A21.16. 7. Spray exterior nuts and bolts of valve and restraints using a bituminous coal tar as supplied by the manufacturer. B. Valve Boxes 1. 3 -piece, ductile iron, screw-type. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. 2. Page 33 12 123, Article 3.01. Add the following immediately after Item E: F. INSTALLATION OF VALVE 1. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. 2. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. 3. Maintain valve box centered and plumb over the operating nut of the valve. 4. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. 0 2014 Stantec 1193802856 ADDENDUM 3 0091 13-3 DRAWINGS i, Replace Plan Sheets C0.01, C1.01, C2.01, C4.01 C6.01, and C8.02 with attached Revised Plan sheets. LIST OF ATTACHMENTS 1. Document 00 41 10(R) - Revised Bid Form. 2. Drawing C0.01 R 3. Drawing C1.01 R 4. Drawing C2.01 R 5. Drawing C4.01 R 6. Drawing C6.01 R i. Drawing C8.02R. END OF DOCUMENT ADDENDUM 3 a 2014 Stantec 1 193802856 0091 13-4 Stantec DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO.3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO. 193802B56 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 . F Mr4 O. - B. Bidder has visited the Site and become familiar with and Is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and perform once of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguobs to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Biddng 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. 02014Siantec 1193802856 REVISED BY ADDENDUM NO.3 0041 10-I(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4,01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4,02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents. which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are 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 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 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 PORTABLE TOILET 4 FULL DEPTH RECLAMATION 5 SALVAGE RECLAIM MATERIAL (P) 6 REMOVE MANHOLE LS 1 LS 1 EA 4 $ SY 4650 CY 1290 $ $ EA 1 $ $ 02014Stuntec 1 193802856 REVISED BY ADDENDUM NO.3 0041 10 - 2(R) REVISED BID FORM 7 REMOVE CONCRETE WALK SY 80 8 REMOVE CONCRETE CURB AND GUTTER LF 140 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 11 RECONNECT EXISTING WATER SERVICE- 6" DIP EA 1 12 RECONNECT EXISTING WATER SERVICE- 3/4" TO 1" COPPER EA 1 13 REMOVE 8" WATERMAIN PIPE LF 180 14 CONNECT TO EXISTING 8" WATERMAIN EA 6 15 ADJUST VALVE BOX EA 5 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 17 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2B) TN 590 18 BITUMINOUS CURB PATCH LF 280 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 20 4"CONCRETE SIDEWALK SY 74 21 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 22 TRUNCATED DOME PANEL SF 8 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE EA 3 24 IMPROVED PIPE FOUNDATION LF 1 194 25 10" PVC SANITARY SEWER PIPE, SDR 26 LF 1194 26 10"X6" PVC WYE, SDR 26 EA 4 27 N' PVC SANITARY SERVICE PIPE, SDR 26 LF 40 28 &' PVC SANITARY SERVICE PIPE, SDR 26 LF 90 29 6" PLUG EA 4 30 8" PLUG EA 4 31 4' DIAMETER CONCRETE SANITARY MANHOLE EA 7 32 W DUCTILE IRON WATERMAIN CLASS 52 LF 180 33 8" GATE VALVE AND BOX EA 1 34 STRIPING, PAINT LS 1 02014Stontec 1 193802856 REVISED BY ADDENDUM NO.3 00 41 10 - 3(R) A REVISED BID FORM 35 TOPSOIL BORROW (LV) CY 20 36 HYDROSEED WITH MULCH SY 100 37 STREET SWEEPER WITH PICK-UP BROOM HRS TO 38 SILT FENCE LF 100 39 PROTECTION OF CATCH BASIN, STREET EA 7 $ 40 TELEVISE SANITARY SEWER LF 1200 TOTAL - BASE BID: 0 2014 Stantec 1 193802856 REVISED BY ADDENDUM NO.3 00 41 10 - 4(R) REVISED BID FORM 6-01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on 2014. (A Corporation) Name (An Individual) (A Partnership) Business Street Address (No P.O. Box Vs): Signer Printed Name of Signer Title Phone Fax email 0 2014 Stantec 1143802856 REWSED BY ADDENDUM NO, 3 END OF SECTION 0041 10-5(R) REVISED BID FORM NO�ENGU�INNEDI�YOFAUE�MS�ANDyM�SU� COMIX'm 2. COMMBE nM A%MOMXfMjpD" - - - - - - - - - - - - SKWE272�=�Dc7cwm�'SREQw Atmmmp=�7M X c 21 j ENM4MXHMRSPR=TQWdW=QrN�Tj4E� A CMM SDEWMKAP470FOMiNRi",L�WHMMKRWCFtAs 999 DMWMWTWEMmm3L It flo j 14ANFMLE M SMMMANORENTALL32'OFIr STM � RSGRWM / Sn)uwu Lax� DOMMM��ATDWM -D—.;W.1 WM cam Mon. 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DOCUMENT 00 91 13 ADDENDUM 2 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS PROJECT NO. 193802856 NEW HOPE, MINNESOTA August 27, 2014 Number of Pages: 19 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651 ) 636-4600 - General Office (651 ) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a parr' of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailina this page back to Stantec at cathv.white@stantec.com as soon as you receive it. Company Name 02014Stantec 1193802856 Date ADDENDUM 2 0091 13-1 DOCUMENT 00 11 13 ADVERTISEMENT FOR BIDS 1. New Bid Date. In the first sentence, change the Bid Opening to 10:30 A.M., CDT, Wednesday, September 3, 2014. SECTION 00 3100 - AVAILABLE PROJECT INFORMATION 1. Page 00 31 00-1: Add the following paragraph B: "B. American Engineering Inc., Soil Boring Log" Relative Boring Locations have also been added to revised drawing sheet C0.01 R. DOCUMENT 00 41 10 - REVISED BID FORM 1. Delete this Document in its entirety and add the attached Document. The following revisions were made to the Bid Form: The following bid items have been added to the Revised Bid Form: Remove 8" Watermain pipe (Revised Bid Item No. 12) Connect to Existing 8" Watermain (Revised Bid Item No. 13) 8" Ductile Iron Watermain Class 52 (Revised Bid Item No. 31) All item numbers were updated to be in sequential order. SECTION 02 41 13 - SELECTIVE SITE DEMOLITION 1. Page 02 41 13-1, Paragraph 1.02.A.2. Add the following item to the end of the paragraph: "I. Remove 8" Watermain Pipe: Per lineal foot of the type specified." SECTION 32 12 01 - FLEXIBLE PAVING (MUNICIPAL PROJECTS) 1. Page 32 12 01-1, Paragraph 1.02.A.2. Remove paragraph and replace with the following: 2. Bid Items have been provided for Type SP 12.5 Non Wearing Course Mixture (2,B). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement- dated January 23, 2013. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. SECTION 33 12 12 -WATER SERVICES 1. Page 33 12 12-1, Paragraph 1.02.A. Add the following items as 3 and 4 to the end of the paragraph: 3. A Bid Item has been provided for 8" Ductile Iron Watermain Class 52. Measurement shall be by lineal foot of new watermain. Payment shall be compensation for furnishing and installing all fittings, pipe, excavation, testing, and backfilling of service. ADDENDUM 2 0 2014 stantec 1 193802856 0091 13-2 4. A Bid Item has been provided for Connect to Existing 8" Watermain: Measurement shall be based on each connection made to the shown existing 8" cast iron pipe water main, payment at the Bid Unit Price shall include all items required to complete the Work. Temporary connections to the existing water main are considered incidental. 8" DIP Watermain is not required to be bacteria tested however it must cleaned with chlorinated water prior to installation. DRAWINGS 1. Replace Plan Sheets C0.01 and C1.01 with attached Revised Plan sheet C0.01 R and C1.01 R. Revisions are as noted in plans and include: C0.01 R: Revising the number of copper services near address 4401, addition of relative soil boring locations and legend to address incidental dewatering inquires. 01.01 R: Updating the typical section pavement mixture to match the bid form item description. LIST OF ATTACHMENTS 1. American Engineering Testing Inc., Subsurface Boring Logs 2. Document 00 41 10(R) - Revised Bid Form. 3. Drawing C0.01 R. 4. Drawing C1.01 R. END OF DOCUMENT ADDENDUM 2 0 2014 Stantec 193802856 0091 13-3 �A 4t Ln F - I -. 0 -a SWL= 'M 7tn AMERICAN ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET JOB NO: 01-06223 LOG OF BORING NO. 1 (p. 1 of 1) PROJECT: X lon Avenue and 45th Avenue Streetsca e• DEPTH IM SURFACE ELEVATION: GEOLOGY N MC SAMIPLE REC FIELD & LABORATORY TESTS WC DEN LL FL 46420 FEET MATERIAL DESCRIPTION TYPE IN. S' Bituminousvement FILL SU 8" FILL, crushed limestone base, light brown I (A -1-b) 17 M SS 12 2 FILL, mostly silty sand with gravel, brown (A -1-b) 3 9 M SS 14 4 SANDY LEAN CLAY, a littlegra. vel ,gray, firm TILL (CL) 5 6 M SS 12 16 6 SANDY LEAN CLAY, a little gravel, gray, a little brown, stiff laminations of sandy silt (CL) 8 7 M SS 12 22 4 10 9 M SS 14 19 H- 11213 12- 13— 11 M SS 14 19 14 SANDY LEAN CLAY, a littleravel g ,gray, stiff (CL) 15 12 M SS 18 18 16 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOG 0-14%' 3.25" HSA SAMPLED CASING CAVE-IN DRILLING DATE TUM DEPTH DEPTH DEPTH FLUIDLEVEL WATER LEVEL 8113114 9:17 16.0 14.5 16.0 None COMPLETED: 8113114 DR: M LG: TM Rig: 1C 0312011 0I-DHIR-060 AMERICAN ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET ]OB NO: 01-06223 LOG OF BORING NO. 2 (p- 1 Of 1) PROJECT: Ayton Avenue and 45th Avenue Streetsca e• DEPTH SURFACE ELEVATION: GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS FEET MATERIAL DESCRIPTION TYPE' IN WC DEN LL PL 20 6.75" Bituminous pavement FILL Su FILL, mostly silty sand with gravel, light brown I (A -1-b) 21 M SS 12 2 FILL, mostly sandy lean clay, a little gravel, gray and dark brown (A-6) 9 M SS 12 14 3— 4— 9 5 5 M SS 12 16 b FILL, mostly sandy lean clay, a little gravel, gray 7 and dark brown (A-6) 6 M SS 12 18 8 9 FILL, mostly sandy lean clay, a little gravel, gray, a little dark brown (A-6) 10 2 M SS 12 22 li FILL, mostly sandy lean clay, a little gravel, 12 brown and gray (A-6) 3 M SS 12 20 13 14 FILL, mostly sandy lean clay, a little gravel, trace roots, gray, dark brown and brown (A-6) 15 4 M SS 12 22 16 i END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-14%1 3.x5" HSA SAMPLED CASING CAVE-IN DRILLING WATER DATE TIME DEPTH DEPTH DEPTH FLUID LEVEL LEVEL. THE ATTACHED 8/13'/14 10:30 16.0 14.5 16.0 None SHEETS FOR AN EXPLANATION OF 'TERMINOLOGY ON iBORING COMPLETED: 8113114 THIS LOG DR: DTS LG: TM Rig: 1C 03/2011 uI-011K-uou AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 01-06223 LOG OF BORiNCI NO. 3 (p.1 Of 1) PROJECT: Xylon Avenue and 45th Avenue Streetscape; DEPTH SURFACE ELEVATION: GEOLOGY N MC SAMPLE REC FIELD) & LABORATORY TESTS WC DEN LL PL 426 FEI: P MATERIAL DESCRIPTION TYPE IN. 7' Bituminous pavement FILL J1 Su I FILL, mostly silty sand with gravel, brown (A -1-b) 7 M SS 6 2 SANDY LEAN CLAY, a little gravel, brown TILL mottled, firm to stiff (CL) (A-6) 3 5 M SS 14 IS 9 10 M SS 10 19 6 SANDY LEAN CLAY, a little gravel, brown and gray mottled, very stiff (CL) (A-6) 16 M SS 14 18 8 9 SANDY LEAN CLAY, a little gravel, gray, stiff (CL) (A-6) IO 14 M SS 14 17 11- 11213 12- 12 M SS 14 15 13 I4 9 CLAYEY SAND, a little gravel, gray, stiff (SC) (A-6) 15 14 M SS I4 14 16 END OF BORING DEPTH; DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO TIE ATTACHED0-144 SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS JAG 3.25„ HSA DATE lum SAMPLED CSINCEPTNGER DH DH FLUID LEVEL 8/13/14 11:10 16.0 14.5 16.0 None BORING cDMPLETED: 8/13114 DR: DTS LG: TM Rig: 1C 0312011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET 1013 NO: 01-06223 LOG OF 13ORING NO. 4 (p• 1 of 1) PROJECT: X lon Avenue and 45th Avenue Stmetsca e• DEPTH SURFACE ELEVATION: GEOLOGY . N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL #2 F ET MATERIAL DESCRIPTION TYPE 1N. T' Bituminous pavement FILL SU FILL, mostly silty sand with gravel, brown 1 (A -1-b) 13 M SS 14 11 FILL, mostly clayey sand, a little gravel, brown TILL 2 (A-6) 8 M SS 14 13 SANDY LEAN CLAY, a little gravel, brown 3 and gray mottled, a little dark brown, firm to stiff, laminations of sandy silt (CL) (A-6) 4 5 10 M SS 14 17 6- 7- 714 14 M SS 12 19 9 SANDY LEAN CLAY, a little gravel, gray, stiff (CL) 1D 11 M SS 12 19 11 — 9 i 12 11 M SS 14 17 13 14- 15— 10 M SS 14 17 16 END OF BORING i i . ? DEPTH. DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO r ,� 0-14'A 3.25 HSA DATE TIME S DEPTH DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACHED 8113114 12:34 16.0 14.5 16.0 None SHEETS FOR AN EXPLANATION OF BO TERMINOLOGY ON COMPLETED: 8113114 THIS LOG DR: DTS LG: TM Rig: 1C 0312011 ui-urvc-you AMERICAN ENGINEERING TESTING, INC. �-qw- �� L"MR1-00=1118119 AET ]OB NO: 01-06223 LOG OF BORING NO. 5 (p. 1 of 1) PROJECT: Xylon Avenue and 45th Avenue Streetscape; DEPTH IN SURFACE ELEVATION: GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC BEN LL PL K64201 FEET MATERIAL DESCRIPTION TYPE IN. 6" Bituminous pavement FILL if SU 1 FILL, mostly silty sand with gravel, brown (A -1-b) 16 M SS 12 10 FILL, mostly clayey sand, a little gravel, brown 2 and gray (A-6) TILL 7 M SS 12 13 CLAYEY SAND, a little gravel, brown and gray 3 mottled, firm, laminations of silty sand (SC) 4(A-6) 9 5 5 M SS 12 9 6 CLAYEY SAND, a little gravel, grayish brown, a little brown and dark brown, very stiff, laminations of silty sand and sandy silt (SC) 23 M SS 14 16 8 (A-6) 9 SANDY LEAN CLAY, a little gravel, gray, a little dark brown, stiff, laminations of sandy silt 10 (CL) (A-6) 14 M SS 14 21 11 SANDY LEAN CLAY, a little gravel, gray, stiff 12 to firm (CL) (A-6) 13 10 M SS 14 18 14- 15— 8 M SS 14 18 16— t� CLAYEY SAND, a little gravel, , a little brown, stiff, a lens of sand with slil�t (SC) (A-6) 18 11 M1W SS 14 19 19 SANDY LEAN CLAY, a littleavec l�' , gray, slit' (CL) (A-6) 20 11 M SS 14 18 21 j Mp OF BOMG DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE; REFER TO 3.25 ASA DATE IME SAETDDECDEDVEEL0-19/ DEPTH PTH PTH FLUID LL LV THE ATTACHED 8113114 1:43 21.0 19.5 21.0 None SHEETS FOR AN M PLANATION OF TERMINOLOGY ON THIS LOG BORING COMPT $TED: 8113114 DR. DTS LG: TM ft. 1C 0312011 01-DHR-060 AMERICAN ENGINEERING TESTING, INC. AET JOB NO: 01-06223 SUBSURFACE BORING LOG PROJECT: X loll Avenue and 45th Avenue Sh eet5ca e• LOG OF BORING NO. 6 (p. 1 of 2) DEPTH SURFACE ELEVATION: GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL 420 FEET MATERIAL DESCRIPTION TYPE IN. 5.5" Bituminous pavement FILL SU FILL, mostly silty sand, a little gravel and clayey 1 sand, brawn (A-2-4) 14 M SS 14 2 SANDY LEAN CLAY, a little gravel, brown, 'FILL firm (CL) (A-6) 7 M SS 6 14 3 4 SANDY LEAN CLAY, a little gravel, brown, a little light tan, stiff, laminations of sandy silt 5 (CL) (A-6) 13 M SS 12 18 6 SANDY LEAN CLAY, a little gravel, dark brown, stiff to very stiff (CL) (A-6) 15 M SS 14 18 8 9- 10— 17 M SS 14 17 11 — 9 12 20 M SS 14 19 13 14- 15 20 M SS 14 17 16- 61722 17- 22 M SS 16 14 18 19- 20— 17 M SS 16 14 2l 2 DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO = =DATETIME SAMPLED DEPTH CASING CAVE-IN DEPTH DEPTH DRILLING WATER FLUID LEVEL LEVEL THE ATTACHED 0-24%1 3.25"HSA 8114114 9:31 26.0 24.5 25.7 None SHEETS FOR AN EXPLANATION OF 3 TERMINOLOGY ON r COMPLETED: $114114 THIS LOG Dx: DTS LG: TM Rig: 1C 03/2011 01-DBR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG W.J TESTING, INC. AET JOB NO: 01-06223 LOG OF BORING NO. 6 (p• 2 of 2) PROJECT: Xylon Avenue and 45th Avenue Streetscape; DEPTH GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL FEET MATERIAL DESCRIPTION TYPE IN. SANDY LEAN CLAY, a little gravel, brown, very stiff, laminations of silty sand (CL) (A-6) 26 M SS 16 13 23 (continued) 24 SAND, medium grained, brown, moist, medium : COARSE dense (SP) (A -1-b) . �►LLLJVIl31•+1 25 25 M SS 12 END OF BORING 03/2011 01 -DER -060 AMERICAN ENGINEERING ,..� TESTING, INC. SUBSURFACE BORING LOG AET JOB NO: 01-06223 LOG OF BORING NO, 7 (p.1 of 1) PROJECT: Xylon Avenue and 45th Avenue Streetseape; DEPTH SURFACE ELEVATION: GEOLOGY N MC SAMPLE RE FIELD & LABORATORY TESTS WC DEN LL PL 20 FEET MATERIAL DESCRIPTION TYPE' 8" Bituminous pavement FILL SU 1 FILL, mixture of silty sand and clayey sand, a little gravel, brown (A-2-4, A-2-6) 26 M SS 12 6 2 SANDY LEAN CLAY, a little gravel, brown, a TILL little light tan, firm, laminations of sandy silt 8 M SS 14 18 3 (CL)(A-6) 4 SANDY LEAN CLAY, a little gravel, brown and gray mottled, a little dark brown, firm to stiff 5 to very stiff, laminations of silt (CL) (A-6) 8 M SS 12 17 6 7 9 M SS 14 20 8 9- a 10 13 M SS 14 18 11 12- 17 M X SS 16 21 13 - 14- 15- 17 M SS 14 21 16- 17 17 M SS 16 21 18 19- 920 20- 20 20 M SS 16 22 i 21 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED ' SAMPLED DATE 'FINE DEPTH CASING CAVE -1N DRILLING WATER DEPTH DEPTH FLUID LEVEL LEVEL 0-19%1 3.25" HSA 3 8114114 10:55 21.0 19.5 21.0 None SHEETS FOR AN EXPLANATION OF TF -RHINOLOGY ON BORING 3 COMPLETED: 8/14/14 DR: DTS LG: TM ft: 1C THIS LOG 03/2011 ui unit-uou Stantec DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO.2 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO, 193602856 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. hat: A. Bidder has examined and carefully studied the Bidding Documents, the other related data Identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and 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 drowings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 02014Stantec 1193802856 REVISED BY ADDENDUM NO. 2 0041 10 - 11R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the low 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 price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions 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. 1 MOBILIZATION 2 TRAFFIC CONTROL 3 FULL DEPTH RECLAMATION 4 SALVAGE RECLAIM MATERIAL (P) 5 REMOVE MANHOLE 6 REMOVE CONCRETE WALK LS 1 $_ LS 1 $ $ SY 3300 $ $ CY 920 $ $ EA 1 $ $.— SY 80 $ $ 02014Stantec 1 193802856 REVISED BY ADDENDUM NO. 2 0041 I 0 - 2(Rl REVISED BID FORM 7 REMOVE CONCRETE CURB AND GUTTER LF 140 _ 8 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 $ , 9 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 $ 10 RECONNECT EXISTING WATER SERVICE- 6" DIP EA 1 $ 11 RECONNECT EXISTING WATER SERVICE- 314" TO 1" COPPER EA 1 $ $ 12 REMOVE 8" WATERMAIN PIPE LF 40 $ 13 CONNECT TO EXISTING 8" WATERMAIN EA 2 $ $ 14 ADJUST VALVE BOX EA 5 $ $ . 15 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 920 16 TYPE SP 12.5 NON -WEARING COURSE MIXTURE (2,B) TN 440 $ 17 BITUMINOUS CURB PATCH LF 280 $ 18 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 $. $ 19 4" CONCRETE SIDEWALK SY 70 Si 20 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 $ 21 TRUNCATED DOME PANEL SF 8 $ 22 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE EA 3 $ $ 23 IMPROVED PIPE FOUNDATION LF 1194 $ 24 10" PVC SANITARY SEWER PIPE, SDR 26 LF 1194 $ 511 25 10"X6" PVC WYE, SDR 26 EA 4 $ $ 26 6" PVC SANITARY SERVICE PIPE, SDR 26 LF 40 $ 27 8" PVC SANITARY SERVICE PIPE, SDR 26 LF 90 $ 28 6" PLUG EA 4 $ 29 8" PLUG EA 4 $ $ 30 4 DIAMETER CONCRETE SANITARY MANHOLE EA 7 $ 31 8" DUCTILE IRON WATERMAIN CLASS 52 LF 40 $ 32 STRIPING, PAINT LS 1 $ 33 TOPSOIL BORROW (LV) CY 20 _ 34 HYDROSEED WITH MULCH SY 100 02014Stantec 1 193802856 REVISE] 8Y ADDENDUM NO.2 00 41 10 - 3(R) REVISED SID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED an 2014, (A Corporation) r (An Individual) fA Partnership) Business Street Address (No P.O. Box Vs): Signer Printed Name of Signer Title Phone Fax email 0 2014 Stantec 1 193802856 REVISED BY ADDENDUM NO. 2 END Of SECTION 0041 10-51R) REVISED BID FORM v f1 1 L ® --__ � P` � a�SMYpRTPJGSOtMfOEIJ®YIObBIfuTOT1EYB10YPL6 T1EfII1WNMW4 __ — ® PI�tS7l0RTEf1@1�, �-[�-eei Q I —____.._ 2 B�16V1EEQ IMMmfATELY OF /S1 Bt4TA1GR#9LPIp NY:TEI[§$[pfF � �'I� I ,�/ IJ A YM SBPAMDMM M: ggnwuff s'�IwT�MI1PL nEarvlwlwPlEx ail ----------- � x.111®iSfNE9110:00 PM AW R00 AM MU&MTE SMOG EEIWI<@,' M�UAY �eI `z� 1 R �JJJnJLs pvWOaK TOMCIPI'71EEMID�IR H7UtS VImnTa r \ a SVAWEAAOE AMWM1Ssrm _ I L EEMOJESS ' r e 15 �` J�� M D02D i �/7•' IiC{WMEO UiLIMMAWCId HRAEAMUNl9tT AT Balm I ie AGMWATESIpp(ppE1mEII1J 1711 WALL/ .. � fit' '7 i '� e•' ------a, � ''a Z �; Il Am EEUE4 PL!(a,pIRE ODGH ftm m ATHQIIME SALVAGE ' o MHMLTALLEA'OEfy __ _�______________ f,------------ 16 16 vAvaeJT-- ---'Y �y POE AS RE3XIEM r IenrwEPO PllePru - S3 EIOSTm EAWT EE I waasfm6mmol _ ''gRA.6gVu0M 9'1eP� �Txk 59JJQX %iYl[E. RIIEP TE KRARY 6Tf61 [W�Tf(111159YG wmli{IC 9AIfL S ILAGE J' 1 ' . — "mFmr'�MLswclm mnvlEsvMrmnEs ` PmaaEEEgp'nl�? r y j Rr f �A551!®. AEm`AWLTd! Y 6 0- LLJ IPL i r z® - e.] * mPrtRJ1�AgE,O4 . C '� ADDENDUM i XYLON AVENUE SANITARY SEWER IMPROVEMENTS PROJECT NO. 193802856 NEW HOPE, MINNESOTA August 21, 2014 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 6044808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailina this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name 02D145tantec 1193802856 Date ADDENDUM 1 PAGE - 1 DOCUMENT 00 11 13 ADVERTISEMENT FOR BIDS 1. New Bid Date. In the first sentence, change the Bid Opening to 10 A.M., CDT, Tuesday, September 2, 2014. ATTACHMENTS 1. None END OF DOCUMENT ADDENDUM 0 2014 Stantec 1193862856 PAGE - 2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. r Christopher W. Long, PE Date: August 14, 2014 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS 02014 Stantec l 193802856 00 G1 05-1 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 00 2T 13 Instructions to Bidders 003100 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 1400 Work Restrictions 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 5713 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP 0241 13 Selective Site Demolition Divisions 03 to19 - Not Used FACILITY SERVICES SUBGROUP - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 - Not Used Division 31 - Earthwork 31 2300 Excavation and Fill 31 2313 Subgrade Preparation TABLE OF C ON!"1_NIS © 2014 Stantec 193802856 0001 10-1 Division 32 - Exterior improvements 3211 25 Full Depth Reclamation 32 12 01 Flexible Paving for Municipal Projects 32 13 14 Concrete Walks, Medians, and Driveways 32 17 23 Pavement Markings 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 33 05 17 Adjust Miscellaneous Structures 33 08 30 Commissioning of Sanitary Sewer Utilities 33 12 12 Water Services 3331 00 Sanitary Utility Sewer Piping 3331 14 Sanitary Sewer Services 33 39 00 Sanitary Utility Sewer Structures Division 34 to 39 - Not Used PROCESS EQUIPMENT SUBGROUP - Not Used END OF SECTION TABLE OF CONTENTS @201 A Stantec 1 193802856 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:00 A.M., CDT, Friday, August 29, 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: Won Avenue North Sanitary Sewer Improvements, City Prollect No.943 In general, Work consists of the reconstruction of sanitary sewer, water services, storm sewer, and streets within a commercial neighborhood. The Project consists of the following approximate quantities: 2520 SY Bituminous Pavement Reclaimation 1,300 LF 10" PVC Sanitary Sewer 7 EA Sanitary Sewer Structures 560 CY Placement of Salvaged Reclaim Material 350 TN Bituminous Pavement 1,400 SY Seeding Along with miscellaneous utility improvements, traffic control, removals, restoration, striping, erosion control, and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBldDoc #3406331 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 ® 201 A Stantec 1 193802856 ADVERTISEMENT FOR BIDS 001113-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to; A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. 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: INSTRUCTIONS TO BIDDERS 0 2014 Stantec 1 193802856 0021 13 - 1 A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, INSTRUCTIONS TO BIDDERS © 2014 Stantec 1 193802856 0021 13-2 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 fhe Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; INSTRUCTIONS TO BIDDERS 0 2014 Stantec 1 193802856 0021 13-3 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 ail conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. 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. © 2014 Stantec 1 193802856 INSTRUCTIONS TO BIDDERS 0021 13-4 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 1.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful 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 a T INSTRUCTIONS TO 80DERS 02014 Stantec 193802856 0021 13-5 forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.1 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. INSTRUCTIONS TO BIDDERS © 2014 Stantec 193802856 0021 13-6 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 Completion Time Comparisons A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments fisted in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual, 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the some manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. 0 2014 Stantec 1 193802856 INSTRUCTIONS TO BIDDERS 0021 13-7 ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 if the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the some Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. 0 2014 Stantec 1 193802856 INSTRUCTIONS TO BIDDERS 0021 13-8 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS 0 2014 Stantec 193802856 0021 13-9 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART] GENERAL 1.01 SUMMARY A. Section Includes I. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION 0 2014 Stantec 1193802856 003100-1 BIDDER: Qf--V '1 L001�-4_1Z1X M(1 - Stantec DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO. 3 XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO. 193802856 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 vriih 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 Securiy. The Bid will remain subject to acceptance for 60 days after the Bid Open:ng, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.D1 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 Lett e< Addendum Date 8 21 I 7-oiq In Cm 2 a B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1 1 reports of explorailons and tests of subsurface conditions at, or contiguous to, the Site and all drawings at 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 Isurface, subsurface, and Underground Facllitlesj 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 empioyed 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 therelo. 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. 620145taniec 1193802856 REVISED BY ADDENDUM NO.3 0041 10- 11R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents, H. Bidder has correlated the information known to Bidder, informaiion 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 a11 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 knoWngiy 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 fo 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 Contrect Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed In accordance with Paragraph 11.02 of the General Conditions, Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknow edges 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 Unlh, (MY Unit Price Total Price BASE BID 1 MOBILIZATION LS t $ lel Ibc), 2 TRAFFIC CONTROL 3 PORTABLE TOILET FULL DEPTH RECLAMATION 5 SALVAGE RECLAIM MATERIAL (PJ 6 REMOVE MANHOLE LS t $ ayoo-Go $ 1546). 0o EA 4 $ 15P . od $ tom 00 Sy 4650 $ 1 . 1 0 $ 11195' CIO Cy 1290 $ I Q EA 1 $ Oda sot 6g• W $ `60D. OL) 02DM Stantec 1193BM56 REVISED BY ADDENDUM NO.3 00 A I ID - 21R) REVISED BID FORM 7 REMOVE CONCRETE WALK SY 80 $ + 00 $ ©• D� 8 REMOVE CONCRETE CURB AND GUTTER LF 140 $ LA 'SIII $uZz' 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 $ yoi'50 $ �0214�' p4 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 $ V iy • co a`�' op $ Q 11 RECONNECT EXISTING WATER SERVICE - 5" DIP EA 1 $ 1 t D I.00 $ 14�� ' 00 12 RECONNECT EXISTING WATER SERVICE - 3/4' TO 1" COPPER EA 1 $ 17314, op $ t L%LA- oo 13 REMOVE 8'WATERMAIN PIPE LF 180 $ to, QQ $,ao 14 CONNECT TO EXISTING 8 WATERMAIN EA b $ V $ L-Ap`�l' 15 ADJUST VALVE BOX EA 5 $' ❑O $ �5 Obi 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 $ 1';j'cV4r3•'&d 17 TYPE SP 12.5 NOM-WEARING COURSE MIXTURE 1213) TN 590 $ LAZ I i4'j ()' OU 18 BITUMINOUS CURB PATCH LF 280 $ i% ' oo $ c5ot4O . () 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 $ 7A' oo $ 19 70. no 20 4" CONCRETE SIDEWALK SY 70 $ yq'So $ t05, o 21 b" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 $ t5' Oc) $ -10.0' 22 TRUNCATED DOME PANEL SF 8 $ 0' oc) $ u%D4' o� cig3. Oa 7-01-1cl' bC) 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE EA 3 $ $ 24 IMPROVED PIPE FOUNDATION LF 1194 $ ' 00 $ 11010' 25 10" PVC SANITARY SEWER PIPE. SDR 26 LF 1194 $ -1%5' Go $ Scjrcy5k• Qo 26 10"X6" PVC WYE, SDR 26 EA 4 $ 1132' 00 $ 1-129'. a c) 27 6" PVC SANITARY SERVICE PIPE, SDR 26 LF 40 $ to. '�lV $ O%01>• 00 28 B" PVC SANITARY SERVICE PIPE, SDR 26 LF 90 $ , I. r_-,a 00 29 6' PLUG EA 4 $ 11% • od $� ' EA 4 2'b;4• w $ 012>10. I 4 30 B" PLUG $ 31 4' DIAMETER CONCRETE SANITARY MANHOLE EA 7 $ �5p `y4^�• ®p s' 0() 32 W DUCTILE IRON WATERMAIN CLASS 52 LF i80 $ -12-00 $ 12Io(wv' oo 1-1-70• m ri-lo. l70 33 8" GATE VALVE AND BOX EA 1 $ $ PAINT LS 1 $ 3 • 00 $ 3kr-30' 0" 34 STRIPING, 02014 Sfanlec 1 193802856 REVISED BY ADUFNDUM NO.3 0041 10-31R) REVISED BID FORM 35 TOPSOIL BORROW JLV) CY 20 $� $ \-�� 36 HYDROSEED WITH MULCH 5Y 100 $ 15' m (koo-13() $ � 37 STREET SWEEPER WITH PICK-UP BROOM HRS 10 $ �9-.10. QD $ 13w ` 00 38 SILT FENCE LF 100 $ 6 - 0()$ ()c)39 PROTECTION OF CATCH BASIN, STREET EA 7 11 $ 1ol % - Qc $ ' �)31 . co 40 TELEVISE SANITARY SEWER LF 1200 $ $ Mo. CC) TOTAL -SASE SID: $ ' SU 0 4D14 Stantec 1193804856 REVISED BY ADDENDUM NO.3 0041 10-4(111 REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07,8 of the Generai Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings staffed in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on sSuQl�s)s, 2014. Business Street Address (No P.O. B Vs): V11r 1�1 � OL1 Signer Printed Name of Sgner Title Phone Fax email END Of SECTION (A Partnership 0201451antec l 193802856 REVISED BY ADDENDUM NO.3 00 41 10 - 51R1 REVISED BID FORM SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Eureka Construction. Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Sanitary sewer improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: Xylon Avenue N. Sanitary Sewer Improvements. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, it any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Substantial Completion includes the completion of sanitary sewer installation and testing, and bituminous wear course patching. B. The work will be substantially completed on or before November 21, 2014, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before December 12, 2014. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is AGREEMENT FORM 0 2014 Stantec 1 193802856 005210-1 Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid Amount of Two Hundred Eighty - Nine Thousand Seven Hundred Twenty -Four Dollars and Fifty Cents [$289,724.50]. 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 14.02.135 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. AGREEMENT FORM © 2014 5tantec 193802856 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: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to 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 limes, 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. AGREEMENT FORM 0 2014 Stantec 193802856 005210-3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: Xylon Avenue North Sanitary Sewer Improvements. 7. Addenda (Numbers 1 to 3, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AGREEMENT FORM © 2014 Stantec 193802856 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, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10,05 Contractor's Certifications A. Contractor certifies that it has not engaged in 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 ridding 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. 0 2014 5tantec ; 193802856 AGREEMENT FORM 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 September 10 2014 (which is the Effective Date of the Agreement). Owner: City of Nbw Nppe, Minne to By. t` Attest:! Address for giving notices: Contractor: Eureka Construction, Inc. By: -& Q" Alan D. Ames, President Attest: Address for giving notices: City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 License No.: (Where Applicable) Designated Representative: Designated Representative: Name: KIRK McDONALD Name: Title: CITY MANAGER Title: Address: 4401 MON AVENUE NORTH Address: NEW HOPE MN 55428 Phone: 763-531-5100 Phone: Facsimile: 763-531-5136 Facsimile: 4 LT Us I UelX1-4 14fEelJ 0 2014 5tantec 1 193802856 PERPORN.I;ANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural wb= applicable. CON'T'RACTOR (Name acrd Address): SURETY (Name, and Address ofPrinapal Place of Business): Eureka Construction, Inc. 20141 Icenic Trail Travelers Casualty and Surety Company of America Lakeville, MN 55044 One Tower Square OWNER, (Name and Address): Hartford, CT 06183 City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 CONTRACT Effective Date of Agreement: September 10, 2014 Am6unt: $289,724.50 Two Hundred Eighty Nine Thousand Seven Hundred Twenty Four Dollars and 501100 Description (Name and Location):Xylon Avenue N. Sanitary Sewer Improvements BOND Bond Number: 106144050 Date (Not earner than Effective Date of Agreement): September 10, 2014 Amount; $289,724.50 Two Hundred Eighty Nine Thousand Seven Hundred Twenty Four Dollars and 501100 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 Pcdormanee Bond to be duty executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Eureka Construction, Inc. (Sea[) Contractor's Name amill Corporate eal By: Signature Alan D. Ames Print Name President SURETY tiutmamr �A45JiHF�p Travelers Casualty and Surety Company of Ica { StlW e and Co HAMITCYR CONN. g Signature (Attach Power of Attorney) 4mnm1i**"' Donald R. Olson Print Name Title Attest: Attest: lgnature Nicole Stilll s S u rety Account Rep. Title Attorney -in -Fact Title 'L %IMM. �110001 / �� tSignature Melinda Blodgett Surety Account Rep. Title Note.: Provide execution -by.additional parties, such as joint venntrers, if necessary. LJCDC C-610 Perfarmeaee Bond Prepared by the Engineers Joint Contract I)ocumcnts Committee, (2007) Page I ora Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, In whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owher of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. (7007) Page 2 of3 5. I 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. b. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors, 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance. of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, -to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy &,Zimmermann, Inc. Owner's Representative (Ant sneer or other ;150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contrast Documents Committee. (2007) Page 3 of 3 PAYMENT ]BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name andAddress): Eureka Construction, Inc. 20141 Icenic Trail Lakeville, MN 55044 MNL ER (Name andA'ddress): City of New Hope SURETY (Natne, and Address of Principal Place of &rsiness): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 New Hope, MN 55428 CONTRACT Effective Date of Agreement: September 10, 2014 Amount: $289,724.50 Two Hundred Eighty Nine Thousand Seven Hundred Twenty Four Dollars and 501100 Description (Name and Location): Xylon Avenue N. Sanitary Sewer Improvements BOND Bond Number: 108144050 Data (Not earlier than Effective Date of Agreement): September 10, 2014 Amount: 289,724.50 Two Hundred Eighty Nine Thousand Seven Hundred Twenty Four Dollars and 501100 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 Eureka Construction, Inc. (Seal) Contractor's Name and Corporate Seal By: Signature Alan D. Ames Print Name SURETY Travelers Casualty and Suretv Companv of HARTFOR 0, By: Signature (Attach Power of Attom ":";' nma++0 Donald R. Olson Print Name President Attorney -in -f=act Title Title Attest: Attest: lgnature Nicole Stillings Signature Melinda Blodgett Surety Account Rep. Surety Account Rep. Title Title Note. Provide execution by additional parties, such asJoint venturers, if necessary. EJCDC C4 [5 Payment Bond — Prepared by the Erdneers Joint Contract Datuments Committer. (20M Ps%e t of ._,. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by .Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect -to Owner, this obligation shall be null and void if Contractor. Promptly makes payment, directly or indirectly, for all sums due Claimants, and Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non- payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor -and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, -liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly; for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (af the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. Claimants who do not have a direct contract with Contractor: I. Have furnished written notice to Contractor and sent a ropy, or notice thereof, to Owner, within 90 days after having last performed .labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. S. if a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. S. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated EJCVC C-515 Payment Bond Prepared by the Engineers Joint Controet documents Committee. (20 7) Pate 2 or3 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 CIaimants under this Bond. 10. Surety hereby waives notice of any ch4nge, 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 Worst is -located or after the expiration of one year from the date (1) on which the CIaimant 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 tender the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurlsdiction 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 fumish a copy of this Bond or shall'permit a copy to be made. 15. Definitions 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. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto, 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 nr otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, acrd Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc. Owner's Representative CEll ineer or other): 150 South Fifth Street, Suite 2807, Minneapolis, MN 55402 EJCDC 0.615 Payment Bond Prepared by the Englaeers Joint Contract Documents Commiticc. (2007) Page 3 ora ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ) ss. County of HENNEPIN ) On this 10th day of September before me appeared Alan D. Ames being by me duly sworn, did say that he of Eureka Construction, Inc. is the 20 14 , to me personally known, who, President , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Alan D. Ames acknowledged said instrument to be the free act and deed of said corporation. Notary Public CkAty, NMOLE MARIE STILLINGS NOtARYRJSILIC-MINNESOTA My commission expires My Commission Expires a • January 31, 2095 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. County of HENNEPIN ) On this 10th day of September 2014 , before me appeared Donald R. Olson , to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of Travelers Casualty and Surety Company of America a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Donald R. Olson acknowledged said instrument to be the free act and deed of said corporation. N OLADGE7C- MINNESOTA EI PM 01131/18 Notary Public My commission expires: WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227574 Certificate No. 005930073 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 Bruce N. Telander, Donald R. Olson, John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, Christine M. Hansen, D.R. Dougherty, Jack Cedarleaf II, Kurt C. Lundblad, Pamela T. Curran, and Melinda C. Blodgett of the City of Minneapolis , State of Minnesota ,their true and lawful Attorneys) -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 prc-ceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and then corporate seats to be hereto affixed, this day of May 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 29th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GFSU.�r �O Yty 4�• s 2AT�� ~� a l 19T�1 af95itm ��te,EOv�•�CS*�N NEP,O,AI,RR�AyI .4T4�rYio� =.��?4d:`,:Pa�j.,a .PS..NV..RS...•A �R�AR oars4; f tiY s � State of Connecticut City of Hartford ss. By: Robert L. Raney, 9euior Vion President On this the 29th day of May 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. 10.1� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. * �0r►eG��!* Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. -i 1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-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 Attomeys-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 beating 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 Guatanty 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 10th day of September 20 14 l�iy'r Kevin E. Hughes, Assistant Sec tary ov �SE:'�SiLL `+g•....r d f Atli To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us ss www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by A AtARRI. Cot�M of FAUL- ... .w.M Ca'4ft �:.s�i '� �x�eaanr American Society G._ b'a �o� a 'a�r� ► �f OWURof Civil Engineers - ,°{�PdaEs�fc?1Ea> ngikaairs Professional Engineers in Privete Praciice 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 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 OO 2007 National Society of Professional Engineers 1420 King Street, Alexandria., VA 22314-2794 (703) 684-2882 www.n pe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.oLg Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ...................................................... ...... 11 ..................................... 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright b 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee i 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".............................................................................................. 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..................................................................................................................... 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims...............................................................................................................................42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EdCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 0 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paze iv 00 72 05 ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents Those items so designated in. the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 2 of 62 00 72 05 25. Liens`Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of AwaraLThe 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 ran and on which Contractor shall start to perform the Work under the Contract Documents. 29. owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34- Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 39. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 007205 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times, 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of hike effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives `reasonable," "suitable," "acceptable," groper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 52 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 "furn.ish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F_ Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to fiirnish. 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 fiirnish 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 Tames; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 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 amnnnt 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 W 2 ;t 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 fimctionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 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 failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. E. 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 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pate 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 C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Pace 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 finnish 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 fiarnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: I. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Threes, or both, a Claim may be trade therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• I. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard Gencral Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contract or may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 52 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 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 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 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. B. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's .Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificate-. 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 filrnish 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. Page IS of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of there 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 ofs or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof; and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pam 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for E+JCDC. All rights reserved. Paee 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to famish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design., process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and 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 m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are - unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other parry indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. f3. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall FJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paine 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pane 30 of 62 00 72 05 Client#: 2036 EURECONI ACOR& CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) 9/10/2014 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endonsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endarsement(s). PRODUCERCON[TACT MN -COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 NAME: FAX 612 349-2400 FAX 612 349 2490 Ext . N°' E-MAIL ADDRESS: POLI EXP MMID LIMITS MINNEAPOLIS, MN 55402 INSURER{$)AFFORDING COVERAGE NAIC# INSURERA: PHOENIX INSURANCE COMPANY INSURED EUREKA CONSTRUCTION INC 8500 210TH ST W STE 130 LAKEVILLE, MN 55044 INSURERS: TRAVELERS INDEMNITY COMPANY INSURER C : TRAVELERS CASUALTY INSURANCE CO INSURER D: TRAVELERS PROPERTY CASUALTY CO/ A X COMMERCIAL GENERAL LIABILITY INSURER E: INSURER F: DTC03>Er314174PHX COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS 15 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 CONTRACTOR 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 POUCIES. LIMITS SHOWN MAY HAVE, BEEN REDUCED BY PAID CLAIMS. INSSR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF 'Mmil)rilYYYY POLI EXP MMID LIMITS A GENERAL LIABILITY DTC03069X475PHX 0211012014 03101/2014 EACH OCCURRENCE $110001000 A X COMMERCIAL GENERAL LIABILITY DTC03>Er314174PHX 3/01/2014 03/01/201 P� FE Sa o".T.Egnce $500,000 CLAIMS -MADE Fx_1 OCCUR MED EXP Any one person) $10,000 X CONTRACTUAL LIAR PER PERSONAL & ADV INJURY $1,000, 00 X POLICY FORM XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -COMPIOPAGG $2000,000 POLICY X JECTPRO- LOC $ D AUTOMo&ILE LIAHrLITY DT8103069X475TIL 2/10/2014 03/01/201 COMBINED SINGLE OMIT Ea accident 1,000,000 D X ANY ALTO DT8103E314174TIL 3/01/2014 03/0112016 BODILY INJURY (Per person) $ ALL AUTOS OWNED AU7OS ULED 60DiLY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED PROPERTYDAMAGE $ AUTOS Per accident $ B X UMBRELLA LIAB X OCCUR DTSMCUP3069X475 1211012014 03/01/2014 EACH OCCURRENCE s5,000,000 B EXCESS LIA9 CLAIMS -MADE DTSMCUP3E314174 3/01/2014 03/01/201 AGGREGATE $5,000,000 DEO X RETENTION$1D 000 $ `+ WORKERS COMPENSATION DTSUB3069X475 2/10/2014 0310112014 X WC STAT. U- OTH- AND EMPLOYERS' LIABILITY YIN MITST Tnp'v ANY PROPRI—"TORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? C NIA DTSUB3E314174 _ 3/01/2014 03/01/201 E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 if yes describe under DESCRIPTION OF OPERATIONS below E.L. DiSEASE - POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) XYLON AVENUE NORTH SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 943 STANTEC PROJECT NO. 193802856 ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND UMBRELLA APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON-CONTRIBUTORY: (See Attached Descriptions) CITY OF NEW HOPE, MINNESOTA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN KIRK MCDONALD CITY MANAGER ACCORDANCE WITH THE POLICY PROVISIONS, 4401 XYLON AVE N NEW HOPE, MN 55428 AUTHORIZED REPRESENTATIVE •7 -�Z� C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD NS6323321MS79396 KJS SAGITTA 25.3 (2010105) 2 of 2 #S6323321M579396 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 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. Engineers Review., 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item aq such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 007205 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification„ or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 52 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.2 1, 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 m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE S — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsihilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and. Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 007205 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question.. B. Engineer will, with reasonable promptness, render a written decision on the issue referred If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. 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 1.0 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Tunes which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing parry 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. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a deniaL D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article ld within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 43 of 62 Itrtli► XM 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such . losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. I Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0I.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: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.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 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is riot 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 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work phis a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will- each illeach be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.0I.A.5, and 11.01.8; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive, 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the parry making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of ;a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Fork 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; EdCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. AN rights reserved. Page 44 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereon specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 51 of 62 007205 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 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 E JCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or famishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A.. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cd 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 007205 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bnnd or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been fiunished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 54 of 62 7205 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written entice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 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.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry 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: EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the 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 same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE ] - DEFINITIONS AND TERMINOLOGY SC -1.01.A26 Add the following language at the end of the definition of Milestone: None required 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: Sanitary sewer installed and tested Bituminous patching performed SC -1,02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are indLidt-d by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) are known to Owner: SUPPLEMENTARY CONDITIONS ® 2014 Stantec 193802856 007305-1 1 Record plans for the existing public utilities are available upon request. a. All of the information in such drawings constitutes "technical data" on which Contractor may rely. D. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. E. Copies of reports and drawings identified in SC -4.02.0 and SC -4.02.D that are not included with the Bidding Documents may be examined at Stantec Consulting Services Inc., 2335 W Hwy 36, St. Paul, MN 55113 during regular business hours. 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. 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. SUPPLEMENTARY CONDITIONS © 2014 Stantec 1 193802856 007305-2 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 5.04.8.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.Ai 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 interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a SUPPLEMENTARY CONDITIONS 0 2014 Stantec 193802856 007305-3 Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. SUPPLEMENTARY CONDITIONS © 2014 Stantec 193802856 007305-4 b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. SUPPLEMENTARY CONDfTIONS © 2014 Stantec 193802856 007305-5 b. Prepare a daily report or Keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests; Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. © 2014 Stantec 1 193802856 SUPPLEMENTARY CONDITIONS 007305-6 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.B Amend the first sentence of Paragraph 10.05.8 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-11.01.A.5.c Delete Paragraph 11.0l .A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1 j Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SUPPLEMENTARY CONDITIONS 02014 Stantec 193802856 007305-7 SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 � DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. S. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (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 0 2014 Stantec 1 193802856 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include. (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2014 Stantec 1 193802856 007305-9 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: Xylon Avenue North Sanitary Sewer Improvements for the City of New Hope, Minnesota, City Project No. 943. B. Description of Work: Project consists of the reclamation of a portion of the existing bituminous pavement, construction of sanitary sewer, water main, storm sewer, and streets. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. 2. The Contractor is required to maintain one Ione of traffic through the construction site at all times during construction, excluding the sanitary sewer and water main installation at the intersection of Xylon Avenue North and 45th Avenue North, which will require a temporary road closure. 3. Contractor responsible for snow removal and disposal from the Owner's property 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, SUMMARY 0 2014 Stantec 1 193802856 01 1000-1 6. Working hours shall be between 7 A.M. and 9 P.M. CDT during the week days, Monday through Friday. Saturday work will only be allowed after October 6, 2014, between the hours of 9 A.M and 9 P.M. CDT. No work is allowed on Sundays. B. Access to Site 1. Construction access and egress to Xylon Avenue N. shall be via 42nd Avenue N. or 45tr Avenue N. 2. Residents shall have complete access to all side streets and driveways between 7 P.M. and 7 A.M. 1.07 OTHER WORK AT SITE A. Preliminary work to redevelop the parcels to the east may occur during the construction of this project. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY 0 2014 Stantec 1 193802856 01 1000-2 SECTION 01 14 00 WORK RESTRICTIONS PART 1 GENERAL .01 SUMMARY A. Section Includes 1. Describes interim treatment 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 WORK RESTRICTIONS A. Refer to the Agreement Form for Substantial Completion Dates. 1. The area of excavation to install the sanitary sewer for this project is restricted to a width of 20 -feet. The contractor shall include in their bid all costs to support the soil in accordance with all state and federal regulations. This includes but not limited to trench box or boxes, shoring, sheet piling, back casting of soil, and hauling of soil for temporary storage. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION WO [;>zr ® 2014 5tantec 1 193802856 01 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART GENERAL I911 tIMMAPi�h"M A. Section Includes 1. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Format 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 PRICE AND PAYMENT PROCEDURES 0 2014 Stanfec ; MAMMA 01 2000-1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. 6. Communications: Comcast, Centuryl-ink, Access Communications. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwoter Discharges Associated With Construction Activities NPDES General Permit. B. Apply for, obtain, and comply with the provisions of the following permits: 1. MnDNR Permit for Appropriation of State Waters - Non -Irrigation (Dewatering). C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. PROJECT MANAGEMENT AND COORDINATION 0 2014 Stantec 193802856 013100-1 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION 0 2014 Stantec 143802856 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART1 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. Prepare. schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. 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 schPdt de wns submitted and show percentage of completion for each activity. © 2014 Stantec 193802856 SUBMITIA!_ PROCEDURES 01 3300-1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - 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. "Reviewed 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. "Seal and Signature Required" - The licensed design professional is required affix their seal, signature and date of execution to the submittal pertaining to Work under their direct authority certifying conformance with the Contract Documents. Multiple seals and signatures may be required based on information being submitted and reviewed. The design professional shall be certified in the State of the Work's location. SUBMITCAL PROCEDURES © 2014 Stantec 1193802856 01 3300-2 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 writincl and reimburse Owner for delivery olus 15 -percent mark-up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. END OF SECTION SUBMITTAL PROCEDURES 0 2014 Stantec 193802856 01 3300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer, B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. All testing will be performed by the Owner. .07 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. QUALITY REQUIREMENTS 0 2014 Stantec 1 193802856 01 4000-1 D. Laboratory has no authority to stop Work. 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 1 193802856 014000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PARTi GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Surra. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 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. c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control 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 3. No Bid Item is provided for Dewatering. Dewatering is anticipated, and all costs to dewater the utility trench are incidental and shall be included in the Total Base Bid. 4. No Bid Item is provide for Bypass Pumping. All costs to bypass pump sanitary sewer flows are incidental and shall be included in the Total Base Bid. TEMPORARY FACILITIES AND CONTROLS © 2014 Stantec 1 193802855 01 5000-1 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor 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 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is TEMPORARY FACILITIES AND CONTROLS © 2014 Stantec 1 193802856 015000-2 not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction I. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Electricity 1. Provide all necessary temporary electric service and temporary wiring needed for construction activities. Contractor shall pay for all temporary electricity. 2. Contractor may use permanent electric service after service is installed. Contractor shall pay for all electrical usage until Substantial Completion. After Substantial Completion, Owner will pay for electricity. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. 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. B. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. TEMPORARY FACILITIES AND CONTROLS © 2014 Stantec 193802856 01 5000-3 3.06 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan I . 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 -Ione lane widths of 10 feet will be maintained at all times. c. 1 -way traffic (1 lane on west side of Xylon) 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. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. 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. i. 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. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification .7595. c. Flashing Strobe Lights -SAE Specification .71318. TEMPORARY FACILITIES AND CONTROLS © 2014 5tantec 1 193802856 015000-4 D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. 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. Traffic Control Devices I . Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified 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. 6. The Contractor shall store at least 2 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 5 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. TEMPORARY FACILITIES AND CONTROLS 0 2014 Stantec 1 193802856 01 5000-5 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? Zi Yes. No Do any devices need repair? 0 Yes No Were all replaced or repaired? !:-"Yes No 2. Are any lights (flashers, etc) not functioning? L] Yes rl No Were they all replaced or repaired LJ Yes J No 3. Are any devices improperly placed? 0 Yes 0 NO Were all positions corrected? 0 Yes 10 No 4. Do any devices need cleaning? U Yes U NO Where all devices cleaned? El Yes U No ADDITIONAL COMMENTS: The above check was completed by on: at: (time) END OF SECTION (name / title) :SAM ?' PM TEMPORARY FACILITIES AND CONTROLS 0 2014 Stantec 1193802856 01 5000-6 SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 - percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Protection of Catch Basin, Street: Measurement will be by each. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grosses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2130 -Application of Water. 2. 2573 -Storm Water Management. 3. 2575 - Controlling Erosion and Establishing Vegetation. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01 33 00 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwoter Pollution Prevention Plan (SWPPP) for the Project. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2014 Stantec 193609Fish 01 5713-1 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E. a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co -submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwofer Permit for Construction Activity and the appropriate tees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. B. Permit coverage will become effective 7 days after the postmarked date of the completed application form. Or Permit coverage is anticipated to become effective 30 days after the postmarked date of a completed application form and SWPPP submittal to the MPCA. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPS with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures ore fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2014 Stantec 1 193802856 01 5713-2 D. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. E. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. F. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $1,000 per calendar day deduction for noncompliance. G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 2.02 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. 2.03 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1-1/2 inches crushed or natural rounded aggregate. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2014 Stantec 1 193802856 01 5713-3 C. Implement the Project's NPDES Stormwater Pollution Prevention Plan fSWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns.to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. E. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. TEMPORARY EROSION AND SEDIMENT CONTROL © 2014 stantec 193802856 01 5713-4 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573,3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL 0 2014 Stantec 193802856 01 57 13-5 SECTION 01 70 00 EXECUTION REQUIREMENTS PAR71 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours, as directed by the Engineer. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion, 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 0 2014 Stantec 1 193802856 EXECUTION REQUIREMENTS 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. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E, If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. r © 2014 Stantec 1 193802856 Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor, 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 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, 600 North Robert Street, St. Paul, MN 55101 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.stafe.mn.us, or via email at withhold in a.tax@stote.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2014 Stantec 1 193802856 01 7000-3 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART] GENERAL 1.01 SUMMARY A. Section includes I. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Concrete Walk: Per square yard without regard to thickness. Includes the existing walk and pedestrian ramp removal. b. Remove Concrete Curb and Gutter: Per lineal foot regardless of type. c. Salvage Reclaim Material: Per cubic yard calculated by the area salvaged multiplied by the designed depth of salvaged material. This Bid Item shall be a planned quantity which no direct measurement shall be made. d. Remove Manhole: per each manhole removed. Includes the manhole removal, and protection of existing pipes. All costs for replacement of existing pipe sections due to damage during the manhole removal shall be considered incidental to this Bid Item. e. Salvage and Reinstall RCP Storm Sewer Pipe: Per lineal foot of the type specified. f. Abandon and Bulkhead Sanitary Sewer Pipe: Per each pipe end sealed regardless of size. g. Saw cut of bituminous and concrete removal items is considered incidental to the removal. h. Salvage and reinstall signs and mailboxes will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2104- Removing Pavement and Miscellaneous Structures. SELECTIVE SITE DEMOLITION 0 2014 Stantec , 193802856 0241 13-1 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations identified on the Drawings. .06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore some to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. © 2014 Stantec 193802856 SELECTIVE SITE DEMOLITION 0241 13-2 Fill holes resulting from removals consistent with Section 31 23 00, 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and b inches beyond the edge of new d(veways). 3.05 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. SELECTIVE SITE DEMOLITION 0 2014 Stantec 1 193802856 0241 13-3 D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS SURFACING A. See Section 32 11 25 - Full Depth Reclamation. 3.07 ABANDON SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned are not required to be filled. 3.08 REMOVE MANHOLE A. Protect existing pipe sections during manhole removal. B. Replace damaged sewer pipes or services as required during removal. 3.09 SALVAGE AND REINSTALL A. Reclaim Material 1. Excavate reclaimed material to depth shown on the plans. 2. . Haul material to the location shown on the plans a. Protect the storage area from erosion. b. The Contractor shall prevent material for eroding and spreading. B. Signs In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. C. Pipes 1. Where possible, salvage existing pipe in areas to be disturbed by the construction. 2. Reinstall in original condition and location as shown on the Drawings. SELECTIVE SITE DEMOLITION © 2014 Stantec 1 193802856 0241 13-4 3.10 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the some shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.1 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2014 Stantec 1 193802856 0241 13-5 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL .01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 Selective Site Demolition. 3. Section 32 92 00 - Turf and Grasses. 4. Section 33 05 05 Trenching and Backfilling. .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment A Bid Item has been provided for Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards, to a depth of 6 inches. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 2. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. .05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. EXCAVATION AND FILL 0 2014 Stantec 193802856 31 23 00 - 1 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Salvaged Aggregate: Conform to MnDOT Spec. 3149.2A. B. Topsoil Borrow: Conform to MnDOT Spec 3877. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.313, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantifies. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. © 2014 3tantec 193802856 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein. 1. Finish grading of subgrade prior to placement of a salvaged reclaim material shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. END OF SECTION 0 2014 Stantec 193802856 31 23 00- 3 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing abase or surface course. B. Related Sections 1. Section 31 23 00 Excavation and Fill. 2. Section 32 11 25 - Full Depth Reclamation 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A bid Item has been provided for Place Salvaged Reclaim Material. Measurement shall be by cubic yards of material placed. Payment at the Bid Unit Price shall include all costs related to performing the Work in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. Excess reclaim material not used shall be hauled offsite and is incidental to this bid item. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the reclaim material. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. SUBGRAt7E PREPARATION 0 2014 Stantec 1 193802856 31 23 13 - 1 3.02 PREPARATION A. Inspection of subgrade shall be completed and approved by the Engineer prior to bituminous paving. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.0.4 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below. 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2014 Stantec 1 193802856 31 2313-2 SECTION 32 11 25 FULL DEPTH RECLAMATION PART i GENERAL .01 SUMMARY A. Section Includes 1. Reclamation of the existing bituminous surfacing and a portion of the existing base material. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Full Depth Reclamation. Measurement will be by the square yard, based on the width of designed utility trench shown on the plans. 2. All other Work and costs of this Section shall be incidental tn tha Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2T 11 -Test Rolling. 3. 2112 - Subgrade Preparation. 4. 3149 - Granular Material. 1.04 SEQUENCING AND SCHEDULING A. Reclamation will be performed for pavement removal areas. B. Remove and store reclaimed material at location shown on the Drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Create an aggregate base course composed of the existing bituminous pavement and a portion of the existing subgrade material. 0 2014 Stontec 193802856 3211 25-1 3.02 PREPARATION A. The Contractor is to provide a 48 -hours notice prior to beginning the reclamation process. 3.03 EQUIPMENT A. Contractor to notify the Engineer of the equipment to be used at the preconstruction conference 1. Equipment to be hydrostaticaily driven. 2. Computerized operation controls. 3. Capable of cutting up to a 10 inch depth in 1 pass. 3.04 THICKNESS REQUIREMENTS A. Typical Reclaimed Section 1. Approximately consists of 4 inches of bituminous and 6 inches of subgrade material for a total of 10 inches. 2. Rotating cutter drum to operate parallel to the existing road surface, providing a uniform 10 -inch section across the entire roadway. 3. The reclaimed depth is anticipated to be 10 inches. END OF SECTION FULL DEPTH RECLAMATION OO 2014 Stantec 1 193802856 3211 25-2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. B. Related Sections 1. Section 33 05 17 - Adjust Miscellaneous Structures. .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.5, except as modified herein. 2. Bid Items have been provided for Type SP 9.5 Wearing Course Mixture (2,B). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement- dated January 23, 2013. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 3. A Bid Item has been provided for Bituminous Curb Patch. Measurement shall be by lineal feet of curb installed. 4. A Bid Item has been provided for Bituminous Sidewalk and Driveway Patch. Measurement shall be by square yard of sidewalk and driveway patched. 5. Bituminous Tack Material shall be considered incidental. 6. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final adjustment of the structures to conform to Section 33 05 17. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) Attached MnDOT Spec. 2360 Plant Mixed Asphalt Pavement dated March 5, 2012. a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." FLEXIBLE PAVING (MUNICIPAL PROJECTS) 020T4 Stontec 193802856 32 12 01 -1 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Placement of salvaged reclaimed material to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 33 05 17. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid FormConform to MnDOT Section 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1 H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4, except as modified herein. 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide Historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.4-D and 2360.4-E. a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification comoonlon sample as part of the QC testing program. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2014 Stantec ° 193802856 321201-2 PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Wear Course 1. Adjust structures conforming to the requirements of Section 33 05 17. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the some day as the new construction. The Owner may require milling or sawcutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2 -foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec, 2321.301. FLEXIBLE PAVING (MUNICIPAL PROJECTS) m 2014 Stantec ; 193802856 32 12 01 -3 D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D 1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. Density shall conform to Section 2360.3.D.2- Ordinary Compaction Method. There are no incentives / disincentives associated with Ordinary Compaction. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.3.E, except as modified herein. 1. Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2014 Stantec 193802856 32 12 01 -4 2360 PLANT MIXED ASPHALT PAVEMENT January 23, 2013 2360.1 DESCRIPTION This work consists of constructing plant mixed asphalt pavement on a prepared surface. Plant mixed asphalt pavement designed according to a gyratory mix design method for use as a pavement surface. A Mixture Designations The Department will designate the mixture for asphalt mixtures in accordance with the following: (1) The first two letters indicate the mixture design type: (1.1) SP = Gyratory Mixture Design. (2) The third and fourth letters indicate the course: (2.1) WE = Wearing and shoulder wearing course, and (2.2) NW = Non -wearing Course. (3) The fifth letter indicates the maximum aggregate size: (3.1) A =1/a in [12.5mm], SP 9.5, (3.2) B � % in [19.0mm], SP 12.5, (3.3) C = 1 in [25.0mm], SP 19.0, and (3.4) D = % in [9.5mm], SP 4.75. (4) The sixth digit indicates the Traffic Level (ESAL's X 106) in accordance with Table 2360-1, "Traffic Levels." (5) The last two digits indicate the air void requirement: (5.1) 40 = 4.0 percent for wear mixtures, and (5.2) 30 = 3.0 percent for non -wear and shoulder. (6) The letter at the end of the mixture designation identifies the asphalt binder grade in accordance with Table 2360-2, "Asphalt Grades." Page 1 of 43 Table 2360-1 Traffic Levels Traffic Level 20 Year Design ESALs 2* <1 3 1—<3 4 3—< 10 5 10—<30 6 >30 See SMA Provision NOTE: The requirements for gyratory mixtures in this specification are based on the 20 year design traffic level of the project, expressed in Equivalent Single Axle Loads (ESAL's) 1 X 106 ESALs AADT < 2,300 AADT > 2,300 to < 6,000 (5) The last two digits indicate the air void requirement: (5.1) 40 = 4.0 percent for wear mixtures, and (5.2) 30 = 3.0 percent for non -wear and shoulder. (6) The letter at the end of the mixture designation identifies the asphalt binder grade in accordance with Table 2360-2, "Asphalt Grades." Page 1 of 43 Table 2360-2 Asphalt Grades Letter Grade A PG 52 — 34 B PG 58 — 28 C PG 58 — 34 E PG 64 — 28 F PG 64 — 34 H PG 70 — 28 1 PG 70 — 34 L PG 64 — 22 M PG 49 — 34 Ex. Gyratory Mixture Designation -- SPWEB540E (Design Type, Lift, Aggr. Size, Traffic Level, Voids, Binder) 2360.2 MATERIALS A Aggregate Use aggregate materials in accordance with 3139.2. BAsphalt Binder Material...........................................................................................................3151 C Additives The Department defines additives as material added to an asphalt mixture or material that does not have a specific pay item. Do not incorporate additives into the mixture unless approved by the Engineer. Add anti -foaming agents to asphalt cement at the dosage rate recommended by the manufacturer. The Contractor may add mineral filler in quantities no greater than 5 percent of the total aggregate weight. The Contractor may add hydrated lime in quantities no greater than 2 percent of the total aggregate weight. Do not add a combination of mineral filler and hydrated lime that exceeds 5 percent of the total aggregate weight. Use methods for adding additives as approved by the Engineer. C.1 Mineral Filler..........................................................................................................4ASHTO M 17 C.La Mineral Filler — Hydrated Lime Provide hydrated lime for asphalt mixtures with no greater than 8 percent unhydrated oxides (as received basis) and meeting the requirements of AASHTO M 216. Use a method to introduce and mix hydrated lime and aggregate as approved by the Engineer before beginning mixture production. C.2 Liquid Anti -Stripping Additive (Contractor Added) If adding a liquid anti -strip additive to the asphalt binder, complete blending before mixing the asphalt binder with the aggregate. Only use liquid anti -strip additives that ensure the asphalt binder meets the Performance Grade (PG) requirements in 3151. The Contractor may use asphalt binder with liquid anti -strip added at the refinery or the Contractor may add liquid anti -strip at the plant site. If using asphalt binder with liquid anti -strip added at the refinery, ensure the supplier tests the binder and additive blend to confirm compliance with the AASHTO M 320. If an anti -strip agent is added at the plant, the plant mixed asphalt producer is considered a supplier and the binder must conform to the requirements of 3151. Do not pave until the asphalt binder and additive blend testing results meet the criteria in 2360.2.B, "Asphalt Binder Material." Page 2 of 43 C.2.a Mixture Requirements at Design Design the mixture with the same asphalt binder supplied to the plant site using mixture option 1, "Laboratory Mixture Design" or mixture option 2, "Modified Mixture Design." Provide documentation with either design option and include the amount of anti -strip needed to meet the minimum tensile strength requirements. Verify that the binder with the anti -strip meets the PG binder requirements for the mixture. C.2.b Contractor Production Testing Requirements Sample and test the asphalt binder and anti -strip blend daily. The Contractor may test the blend by viscosity, penetration, or dynamic sheer rheometer {DSR} of the blend. If the contract requires the use of a polymer modified asphalt binder in the mixture, use the DSR as the daily QC test. Send the Engineer and MnDOT Chemical Laboratory Director a weekly QC report summarizing the results of the daily testing. Perform at least one test bi-weekly per project to ensure the binder and anti -strip blend meets the requirements of AASHTO M 320. Send the test results to the Engineer and MnDOT Chemical Laboratory Director. Provide asphalt binder and anti -strip blend field verification samples in accordance with 2360.2.G.7, "Production Test." C.2.c Liquid Anti -Strip Additive Metering System Include a liquid anti -strip flow meter and an anti -strip pump with the metering system. Connect the flow meter to the liquid anti -strip supply to measure and display only the anti -strip being fed to the asphalt binder. Position the meter readout so that the inspector can easily read it. Provide means to compare the flow meter readout with the calculated output of the anti -strip PUMP. Provide a system that displays the accumulated anti -strip quantity being delivered to the mixer unit in gallons [liters] to the nearest gallon [liter] or in units of tons [metric tons] to the nearest 0.001 ton [0.001 tonne]. Calibrate and adjust the system to maintain an accuracy of ± 1 percent. Calibrate each plant set-up before producing the mixture. "Stick" the anti -strip tank at the end of the day's production to verify anti -strip usage quantities. The Engineer may require "sticking" on a daily basis. Ensure the system has a spigot for sampling the binder and anti -strip after blending. Use alternative blending and metering systems only when pre -approved by the Engineer. C.3 Coating and Anti Stripping Additive......................................................................................3161 CA Warm Mix Asphalt (WMA) WMA is allowed on all projects. Any mix that is produced at temperatures 30°F or lower than typical HMA mixing temperature of the asphalt binder, as defined by the asphalt supplier, is considered as WMA. Page 3 of 43 The WMA can be manufactured through use of foamed asphalt and/or chemical additive processes. Notify the Engineer in advance of using any WMA additive or process. When chemical additives are used, provide the plant mixing and the laboratory mixing and compaction temperatures as recommended by the manufacturer of the additive. DBituminous Tack Coat..............................................................................................................2357 E Mixture Design EA Submittal Location Submit documentation and sample aggregate materials for review to the District Materials Laboratory. E.2 Aggregate Quality Provide aggregate in accordance with 3139.2. E3 Restrictions Do not add aggregates and materials not included in the original mixture submission unless otherwise approved by the Engineer. EA Responsibility Design a gyratory mixture that meets the requirements of this specification in accordance with the following: (1) MnDOT Laboratory Manual Method 1820, (2) The Asphalt Institute's Superpave Mix Design Manual SP -2 (Use a 2 h short term aging period for volumetric), and (3) The Laboratory Manual. E.5 Type of Mixture Design Submittal E.5.a Option k — Laboratory Mixture Design E.5.a(1) Aggregate Submit the aggregate samples for option 1, at least 15 working days before beginning production samples for quality testing. At least 30 calendar days before beginning asphalt production, submit samples of aggregates that require the magnesium sulfate soundness test to the District Materials Laboratory. Test the samples for quality of each source, class, type, and size of virgin and non -asphaltic salvage aggregate source used in the mix design. Retain a companion sample of equal size until the Department issues a Mixture Design Report. Provide 24 h notice of intent to sample aggregates to the Engineer. Provide samples in accordance with the following: Page 4 of 43 E.5.a(2) Mixture Sample At least 7 working days before the start of asphalt production, submit the proposed Job Mix Formula (JMF) in writing and signed by a Level II Quality Management mix designer for each combination of aggregates to be used in the mixture. Include test data to demonstrate conformance to mixture properties as specified in Table 2360-7, "Mixture Requirements," and 3139.2, "Bituminous Aggregates." Use forms approved by the Department for the submission. Submit an uncompacted mixture sample plus briquettes, in conformance with the RV1F, compacted at the optimum asphalt content and required compactive effort for laboratory examination and evaluation. Provide a mixture sample size and the number of compacted briquettes and in accordance with the following: Table 2360-5 Mixture Sample Requirements Item Gyratory Design Uncom acted mixture sample size 75 lb 30 kgl Number of compacted briquettes 2 E.5.a(3) Tensile Strength Ratio Sample At least 7 days before actual production, submit sample to the District Materials Laboratory for verification of moisture sensitivity retained tensile strength ratio (TSR). The Engineer may test material submitted for TSR verification for maximum specific gravity G. �„ compliance in addition to TSR results. The Engineer will reject the submitted mix design if the tested material fails to meet the Gtolerance. If the Engineer rejects a mix design, submit a new mix design in accordance with 2360.2.E, "Mixture Design." The Contractor may use one of the following options to verify that the TSR meets the requirements in Table 2360-7, "Mixture Requirements." E.5.a(4) Option A Batch material at the design proportions including optimum asphalt. Split the sample before curing and allow samples to cool to room temperature, approximately 77 °F [25 °C]. Submit 80 lb [35 kg] of mixture to the District Materials Laboratory for curing and test verification. Use a cure time of 2 h t 15 minutes at 290 °F [ 144 °C] cure time for both groups and follow procedures Laboratory Manual Method 1813. E.5.a(5) Option B Batch and cure in accordance with Option A. Compact, and submit briquettes and uncompacted mixture in accordance with Table 2360-6, "Option B Mixture Requirements." Table 2360-6 Option B Mixture Re uirements Item Gyratory Design Un -compacted mixture sample size 8,200 Number of compacted briquettes* 6 Compacted briquette air void content 6.5%-7.5% * 6 in 150 mml specimens. For both options, cure for 2 h t 15 min at 290° F [ 144° C] meeting the requirements in the MuDOT Laboratory Manual Method 1813. E.5.a(6) Aggregate Specific Gravity and 1205. Determine the specific gravity of aggregate in accordance with Laboratory Manual Methods 1204 Page 5 of 43 E.5.b Option 2 — Modified Mixture Design The Contractor may use the modified mixture design if testing shows that the aggregates meet the requirements of 3139.2 in the current construction season and if the Level II mix designer submitting the mixture design has at least 2 years experience in mixture design. The Department will not require mixture submittal. E.5.b(1) Mixture Aggregate Requirements Size, grade, and combine the aggregate fractions in proportions that are in accordance with 3139.2. E.5.b(2) JMF Submittal At least 2 working days before beginning asphalt production, submit a proposed JMF in writing to the District Materials Laboratory signed by a Level II Quality Management mix designer for each combination of aggregates. For each JMF submitted, include documentation in accordance with 2360.2.E.5.a, "Optionl – Laboratory Mixture Design," to demonstrate conformance to mixture properties as specified in Table 2360-7, "Mixture Requirements," and Table 3139-3, "Mixture Aggregate Requirements." Submit the JMF on forms approved by the Department. E.5.b(3) Initial Production Test Verification The Department will take a mix verification sample within the first four samples at the start of production of each mix type. The Engineer will notify the Contractor electronically when a sample is to be taken and tested for tensile strength ratio (TSR). Initial production testing will be done within the first 5,000 tons [4500 tonnes] of the start of production. E.6 Mixture Requirements The Department will base mixture evaluation on the trial mix tests and in accordance with Table 2360-7, "Mixture Requirements." E.7 Minimum Ratio of Added Asphalt Binder to Total Asphalt Binder Control recycled materials used in mixture by evaluating the ratio of new added asphalt binder to total asphalt binder as show in Table 2360-8. Page 6 of 43 Table 2360-7 Mixture Requirements Traffic Level 2 3 4 5 20 year design ESALs < 1 million 1– 3 million 3 – 10 million 10 – 30 million GVratory mixture reuirements: Gyrations for Nd, 40 60 90 100 % Air voids at N&,ip, wear 4.0 4.0 4.0 4.0 % Air voids at N&,i,, Non -wear and all shoulder 3.0 3.0 3.0 3.0 Adjusted Asphalt Film Thickness, minimum g 8.5 8.5 8.5 8.5 TSR*, minimum % 7511 7511 80t 80T Fines/effective asphalt 0.6-1.2 0.6-1.2 0.6-1.2 0.6-1.2 * Use 6 in [150 mm] specimens in accordance with 2360.2.I, "Field Tensile Strength Ratio (TSR)." II MnDOT minimum = 65 MnDOT minimum= 70 E.7 Minimum Ratio of Added Asphalt Binder to Total Asphalt Binder Control recycled materials used in mixture by evaluating the ratio of new added asphalt binder to total asphalt binder as show in Table 2360-8. Page 6 of 43 Table 2360-5 Requirements for Ratio of Added New As halt Binder to Total Asphalt Binder` min%: Specified Asphalt Grade2 Recycled Material RAS Only RAS + RAP RAP Only PG XX -28, PG 52-34, PG 49-34, PG 64-22 Wear 70 70 70 Non -Wear 70 70 65 PG 58-34, PG 64-34, PG 70-34 Wear & Non -Wear 1 80 80 80 The ratio of added new asphalt binder to total asphalt binder is calculated as (added binder/total binder) x 100 2 The Contractor can elect to use a blending chart to verify compliance with the specified binder grade. The Department may take production samples to ensure the asphalt binder material meets the requirements. The blending chart is on the Bituminous Office Website. E.8 Adjusted Asphalt Film Thickness (Adj. AFT)....... MnDOT Laboratory Manual Method 1854 Ensure the adjusted asphalt film thickness (Adj. AFT) of the mixture at design and during production meets the requirements of Table 2360-7,"Mixture Requirements." Base the Adj. AFT on the calculated aggregate surface area (SA) and the effective asphalt binder content. E.9 Documentation Include the following documentation and test results with each JMF submitted for review: (1) Names of the individuals responsible for the QC of the mixture during production, (2) Low project number of the contract on which the mixture will be used, (3) Traffic level and number of gyrations, (4) The following temperature ranges as supplied by the asphalt binder supplier: (4.1) Laboratory mixing and compaction, (4.2) Plant discharge, and (4.3) Field compaction. (5) The percentage in units of 1 percent (except the No. 200 sieve [0.075 mm] in units of 0.1 percent) of aggregate passing each of the specified sieves (including the No. 16, No. 30, No. 50, and No. 100) for each aggregate to be incorporated into the mixture. Derive the gradation of the aggregate from the RAP after extracting the residual asphalt. (6) Source descriptions of the following: (6.1) Location of material, (6.2) Description of materials, (6.3) Aggregate pit or quarry number, and (6.4) Proportion amount of each material in the mixture in percent of total aggregate. (7) Composite gradation based on (5) and (6) above. Include virgin composite gradation based on (6) and (7) above for mixtures containing RAP/RAS. (8) Bulk and apparent specific gravities and water absorption (by % weight of dry aggregate). Both coarse and fine aggregate, for each product used in the mixture (including RAP/RAS). Use Mn/DOT Laboratory Manual Method 1204 and 1205. The tolerance allowed between the Contractor's and the Department's specific gravities are GO (individual) = 0.040 [+4 and 4] and G,b (combined) = 0.020. (9) FHWA 0.45 power chart represented by the composite gradation plotted on Federal Form PR -1115 (10) Test results from the composite aggregate blend at the proposed JMF proportions showing compliance with Table 3139-3: (10.1) Coarse Aggregate Angularity, (10.2) Fine Aggregate Angularity, and (10.3) Flat and Elongated Page 7 of 43 (11) Extracted asphalt binder content for mixtures containing RAP/RAS with no retention factor included. (12) Asphalt binder percentage in units of 0.1 percent based on the total mass of the mixture and the PG grade. (13) Each trial mixture design includes the following: (13.1) At least 3 different asphalt binder contents (with at least 0.4 percent between each point), with at least one point at, one point above and one point below the optimum asphalt binder percentage. (13.2) Maximum specific gravity for each asphalt binder content calculated based on the average of the effective specific gravities measured by using at least two maximum specific gravity tests at the asphalt contents above and below the expected optimum asphalt binder content. (13.3) Test results on at least two specimens at each asphalt binder content for the individual and average bulk specific gravities, density, and heights. (13.4) Percent air voids of the mixture at each asphalt binder content. (13.5) Adj. AFT for each asphalt binder content. (13.6) Fines to Effective Asphalt (FIA) ratio calculated to the nearest 0.1 percent. (13.7) TSR at the optimum asphalt binder content. (13.8) Graphs showing air voids, adjusted AFT, Gmb, G. and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mix. (13.9) Evidence that the completed mixture will conform to design air voids (VJ, Adj. AFT, TSR, F/A.e (Fines to effective asphalt ratio). (13.10) Gyratory densification tables and curves generated from the gyratory compactor for all points used in the mixture submittal. (13.11) % new asphalt binder to total asphalt binder. (14) The Contractor has the option of augmenting the submitted JMF with additional sand or rock. When using this option, provide samples of the aggregate for quality analysis in accordance with 2360.2.E.5, "Type of Mixture Design Submittal." Also provide mix design data for two additional design points per add -material. Provide one point to show a proportional adjustment to the submitted JMF that includes 5 percent, by weight, add - material at the JMF optimum asphalt percent. Provide a second point to show a proportional adjustment to the submitted JMF that includes 10 percent, by weight, add material at the JMF optimum asphalt percent. Report the following information for each of these two points: (14.1) The maximum specific gravity determined by averaging two tests, (14.2) Test results showing the individual and average bulk specific gravity, density, and height of at least two specimens at the optimum asphalt binder content, (14.3) Percent air voids for the mixture for each point, (14.4) Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent, (14.5) Crushing of the coarse and fine aggregate, (14.6) Adj. AFT, and, (14.7) Up to two add materials will be allowed. F Mixture Design Report The Department will provide a Mixture Design Report consisting of the JMF. Include the following in the JMF: (1) Composite gradation, (2) Aggregate component proportions, (3) Asphalt binder content of the mixture, (4) Design air voids, (5) Adj. asphalt film thickness, and (6) Aggregate bulk specific gravity values. Page 8 of 43 Show the JMF limits for gradation control sieves in accordance with aggregate gradation broadbands shown in Table 3139-2, percent asphalt binder content, air voids, and Adj. AFT. If the Department issues a Mixture Design Report, this report only confirms that the Department reviewed the mixture and that it meets volumetric properties shown in Table 2360-7 and Table 2360-8. The Department makes no guaranty or warranty, either express or implied, that compliance with volumetric properties ensures specification compliance regarding placement and compaction of the mixture. Provide materials meeting the requirements of the aggregate and mixture design before issuing a Mixture Design Report_ The Department will review two trial mix designs per mix type designated in the plan per contract at no cost to the Contractor. The Department will verify additional mix designs at a cost of $2,000 per design. Provide a Department - reviewed Mixture Design Report for all paving except for small quantities of material as described in 2360.3.G, "Small Quantity Paving." For city, county, and other agency projects, provide the District Materials Laboratory a complete project proposal, including addenda, supplemental agreements, change orders, and plans sheets, including typical sections, affecting the mix design before the Department begins the verification process. G Mixture Quality Management G.1 Quality Control (QC) The Contractor will perform Quality Control (QC) as part of the production process. QC is the process control of the operations related to mixture production and determining the quality of the mixture being produced. The QC sample is the Contractor's sample taken and tested during production and used to control the production process. Provide and maintain a QC program for plant mix asphalt production, including mix design, process control inspection, sampling and testing, and adjustments in the process related to the production of an asphalt pavement. G.La Certification Provide the following to obtain certification: (1) Completed and submitted request form application for plant inspection. (2) Site map showing stockpile locations. (3) Signed asphalt plant inspection report showing the plant and testing facility passed as documented by Asphalt Plant Inspection Report (TP 02142-02, TP 02143-02). The inspection report must also include documentation showing plant and laboratory equipment has been calibrated and is being maintained to the tolerance shown in the Bituminous Manual and sections 1200, 1800, and 2000 of the Mn/DOT Laboratory Manual. (4) A Department -signed Mixture Design Report (MDR) before mixture production. G.Lb Maintaining Certification Maintain plant certification by documenting the production and testing of the certified plant asphalt mixtures. Sample and test asphalt mixtures in accordance with this section and meeting the requirements of the Schedule of Materials Control. G.l.b(1) Annual Certification Perform annual certification after winter suspension. Page 9 of 43 G.1.b(2) Sampling Rate Sample at the rate in accordance with 2360.2.G.6 and the requirements of the Schedule of Materials Control. G1.b(3) Plant Moved Recertify the plant if the plant moves to a new or previously occupied location. G.1.c. Plaut Certification Revocation The Engineer may revoke certification for any of the following reasons: (1) If the mix does not meet the requirements of 2360.2.E.6, 2360.2.E7,and 3139.2, (2) If there is a failure to meet the testing rates, or (3) If it is determined records were falsified. If the Engineer revokes plant certification, the Department may revoke the Technical Certification of the individual or individuals involved. The Department will maintain a list of companies with revoked certifications. G.2 Quality Assurance (QA) The Engineer will perform Quality Assurance (QA) as part of the acceptance process. QA is the process of monitoring and evaluating various aspects of the Contractor's testing as described below. The QA sample is the Department's companion sample to the Contractor's QC sample. QA testing is performed to accept the work. The Engineer will perform the following: (1) Conduct QA and verification sampling and testing, (2) Observe the QC sampling and tests, (3) Monitor the required QC summary sheets and control charts, (4) Verify calibration of QC laboratory testing equipment, (5) Communicate Department test results to the Contractor's personnel on a daily basis, and (6) Ensure Independent Assurance (IA) sampling and testing requirements are met. If the Engineer observes that the Contractor is not performing sampling and quality control tests in accordance with the applicable test procedures, the Engineer may stop production until the Contractor takes corrective action. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in writing. The Engineer may obtain additional samples, at any time and location during production, to determine quality levels in accordance with 2360.2.G.3, "Verification Sample." The Department will post a chart with the names and telephone numbers for the personnel responsible for QA. The Engineer will calibrate and correlate laboratory testing equipment in accordance with the Bituminous Manual and Laboratory Manual. Page 10 of 43 Table 2360-9 Allowable Differences between Contractor and De artment Test Results* Item Allowable Difference Mixture bulks ecific gravity (G,,,b)0.030 Mixture maximumspecific gravity (G.,m)0.019 Adjusted AFT calculated 1.2 Fine Aggregate Aggoarity, uncom acted voids % 1 Coarse Aggregate An lari , % fractured faces %P 15 Aggregate Individual Bulk Specific Gravity (+ No. 4 +4.75 mm 0.040 Aggregate Individual Bulk Specific Gravity (- No. 4 -4.75mm 0.040 Aggregate combined blend Specific Gravity Gab 0.020 Tensile strength ratio (TSR), % Table 2360-7 As halt binder content: Meter method, % 0.2 Spot check method, % 0.2 Chemical extraction methods % 0.4 Incinerator oven, % 0.3 Chemical vs. meter, spot check, or incinerator methods 0.4 Incinerator oven vs. spot check 0.4 Gradation sieve % assin 1 in [25.0 mm], % in [19.0 mm], '/z in [12,5 mm], % in 9.5 mm 6 No. 4 4.75 mm 5 No. $ 2.36 mml, No. 16 1.1$ mml, No. 30 0.60 mml 4 No. 50 rO.30 mml 3 No. 100 0,15 mm 2 No. 200 0.075 mml 1.2 * Test tolerances listed are for single test comparisons. G.3 Verification Sample The Department will test a minimum of one of the companion samples to the Contractor's QC samples and identify this as a verification sample. The Department's verification sample is used to assure compliance of the Contractor's QC progran-L The verification samples can be any one or all of the splits to the Contractor's QC samples. Additionally, the Department can take a random sample at any time from behind the paver or from the truck box and will consider this a verification sample. The split of this sample, given to the Contractor, must be tested by the Contractor and will replace the next scheduled QC sample. The Department recommends sampling enough material to accommodate retesting in case the samples fail. The Department will perform verification testing on at least one set of production tests in accordance with 2360.2.G.6.b, "Production," and 2360.2.G.7, "Production Test," on a daily basis per mix type. Use the verification companion sample to verify the requirements of Table 3139-2, Table 3139-3, and Table 2360-7. Compare the verification companion sample to the verification sample for compliance with allowable tolerances in Table 2360-9, "Allowable Differences between Contractor and Department Test Results." These include the mixture properties of G. (mixture maximum gravity), G.b (mixture bulk gravity), asphalt binder content, Adjusted AFT (calculated), Coarse and Fine Aggregate crushing, and gradation. Perform one test per week on a verification companion for coarse and fine aggregate crushing meeting the requirements of 2360.2.G.7.g "Coarse Aggregate Angularity" and 2360.2.G.7.h, "Fine Aggregate Angularity." These do not include the aggregate bulk specific gravity Gsb, fines to effective asphalt, or the tensile strength ratio (TSR). Determine the asphalt binder content and gradation in accordance with the extraction method specified in 2360.2.G.7.a, "Asphalt Binder Content," or 23602.G.7.b, "Gyratory Bulk Specific Gravity. Page 1 I of 43 The Contractor may access the Department's verification test results for G(mixture maximum gravity), Grab (mixture bulk gravity), air voids (calculated), asphalt binder content, within 2 working days from the time the sample is delivered to the District Laboratory. The Department will provide the gradation, crushing, and Adj. AFT (calculated) results to the Contractor within three working days. The Department will include the verification test results on the test summary sheet. The Department will compare the results with the Contractor's verification companion for the allowable tolerances in Table 2360-9, "Allowable Differences between Contractor and Department Test Results." The Department will consider the verification process complete if the Contractor's verification companion meets the tolerances in Table 2360-9. If the tolerances between the Contractor's verification companion and the Department's verification sample do not meet the requirements of Table 2360-9, the Department will retest the material. If the retests fail to meet tolerances, the Department will substitute the Department's verification test results for the Contractor's results in the QC program and use those results for acceptance. The Department will only substitute the out -of -tolerance parameters and will recalculate volumetric properties if applicable. If the Adj. AFT calculation does not meet the tolerance, equalize the Department Adj. AFT result by increasing the original Department value by 0.5 microns. Use the increased Department Adj. AFT for the Individual Adjusted AFT result and to calculate the Moving Average Adj. AFT results. The increased Department Adj. AFT will form the basis for acceptance. If the verification sample retests do not meet tolerances, the Department will immediately investigate the cause of the difference that will include a review of testing equipment, procedures, worksheets, gyratory specimen height sheets, and personnel to determine the source of the problem. The Engineer may require both the Department and Contractor to perform at least one hot -cold comparison of mixture properties. To perform a hot -cold comparison, split the sample into three representative portions. The Engineer will observe the Contractor testing. Immediately compact one part while still hot. Apply additional heating to raise the temperature of the sample to compaction temperature if necessary. Allow the second and third part to cool to air temperature. Retain the second part and transport the third part to the District Materials Laboratory. On the same day and at the same time as the District Materials Laboratory, heat samples to compaction temperature and compact. Develop a calibration factor to compare the specific gravity of the hot compacted samples to reheated compacted samples. Use at least two gyratory specimens for each test. The Engineer or the Contractor may request that this test be repeated. Reheat mix samples to 160° F [70° C] to allow splitting of the sample into representative fractions for the various tests. Do not overheat the mixture portions used for testing maximum specific gravity test. The Department will test the previously collected QA samples until they meet the tolerances or until the Department has tested all of the remaining samples. After testing the samples, the Department will test QA samples subsequent to the verification sample until tolerances are met. The Department will base acceptance on QC data. The Department will base acceptance on QC data with substitution of Department test results for those parameters out of tolerance. Cease mixture production and placement if reestablished test results do not meet tolerances within 48 h. Resume production and placement only after meeting the tolerances. The process for dispute resolution is available on the Bituminous Office website. If the Engineer analyzes the data using methods for determination of bias on file in the Bituminous Office and finds a bias in the test results, the Engineer will specify which results to use. If through analysis of data, it is determined that there is a bias in the test results, the Engineer will determine which results are appropriate and will govern. GA Contractor Quality Control GA.a Personnel Submit an organizational chart listing the names and phone numbers of individuals and alternates responsible for the following: Page 12 of 43 (1) Mix design, (2) Process control administration, and (3) Inspection. Provide QC technicians certified as a Level I Bituminous Quality Management (QM) Tester meeting the requirements of the MnDOT Technical Certification Program for QC testing and Level II Bituminous QM Mix Designer to make process adjustments. Provide at least one person per paving operation certified as a Level H Bituminous Street Inspector. Provide a laboratory with equipment and supplies for Contractor quality control testing and maintain with the following: (1) Up-to-date equipment calibrations and a copy of the calibration records with each piece of equipment, (2) Telephone, (3) Fax and copy machine; however, the Engineer may waive the requirement to have a fax machine if internet and email are available, (4) Internet and Email, (5) Computer, (6) Printer, and (7) Microsoft Excel, version 2010 or newer Laboratory equipment need to meet the requirements listed in Section 400 of the Bituminous Manual, Laboratory Manual, and these specifications, including having extraction capabilities. Before beginning production, the laboratory equipment needs to be calibrated and operational. Calibrate and correlate all testing equipment in accordance with the Bituminous Manual and Laboratory Manual. Keep records of calibration for each piece of testing equipment in the same facility as the equipment. GA.b Sampling and Testing Take QC samples at random tonnage or Iocations, quartered from a larger sample of mixture. Sample randomly and in accordance with the Schedule of Materials Control. Determine random numbers and tonnage or locations using the Bituminous Manual; Section 5-693.7 Table A or ASTM D 3665, Section 5, or, an Engineer approved alternate method of random number generation. Sample either behind the paver or from the truck box at the plant site. Other sampling locations can be approved by the Engineer. The Contractor must decide and notify the Engineer where samples will be taken before production begins. The Contractor and Engineer must both agree to a change of sampling location once production has begun. The procedure for truck box sampling is on the Bituminous Office website. The Contractor will obtain at least a 130 pound [60 kg] sample. Split the sample in the presence of the Inspector. The Inspector will retain possession of the Agency portion of each split sample that is taken and randomly submit a minimum of one sample, on a daily basis, to the District Laboratory for Verification testing (see 2360.2.G.3). Store compacted mixture specimens and loose mixture companion samples for 10 calendar days. Label these split companion samples with companion numbers. If coarse and fine aggregate angularity are not evaluated for every QC sample retain the extracted gradation samples for the respective QC samples for additional testing. Keep the aggregate samples in containers with field identification labels for a period of 10 calendar days. The Engineer will identify which extracted gradation sample is the Verification Companion and whether it is to be tested for coarse and fine aggregate angularity. G.5 Production Test Requirements Determine the planned tonnage [metric tons] for each mixture planned for production during the production day. Divide the planned production by 1,000 and round to the next highest whole number. The result is Page 13 of 43 the number of production tests required for the mixture. Table 2360-11, "Production Testing Rates" shows the required production tests. Split the planned production into even increments and select sample locations as described above. If actual tonnage is greater than the planned tonnage, repeat the calculation above and provide additional tests if the calculation results in a higher number of production tests. During production, the Department will not require mixture volumetric property tests if mix production is no greater than 300 ton [270 tonne]. Provide production tests if the accumulative weight on successive days is greater than 300 ton [270 tonne]. If there is a choice of more than one WDOT approved test procedure, select one method at the beginning of the project with the approval of the Engineer and use that method for the entire project. The Contractor and Engineer may agree to change test procedures during the construction of the project. G.Sa Establishing an Ignition Oven Correction Factor .......... MnDOT Lab. Manual 1853 Appendix On the first day of production, for each mixture type, both the Contractor and the Agency will establish an ignition oven correction factor from the produced mixture. Re-establish correction factors when: There are aggregate or RAP substitutions There are 3 or more tolerance failures on the extracted asphalt content between the Agency and the Contractor as defined by Table 2360-9, "Allowable Differences between Contractor and Department Test Results" G.6 Production Testing Rates G.6.a Start —Up At the start of production, for the first 2,000 ton [1,800 tonne] of each mix type, perform testing at the following frequencies: Page 14 of 43 Table 2360-10 Production Start -Up Testing Rates Production Laboratory Manual Test estine Rates Method Section Bulk Specific I test per 500 ton Gravity 450 tonne 1806 2360.2.G.7.b Maximum 1 test per 500 ton Specific [450 tonne] 1807 2360.2.G.7.c Gravi Air Voids 1 test per 500 ton calculated 450 tonne 1808 2360.2.G.7.d Asphalt 1 test per 500 ton Content r450 tonne 1853 2360.2.G.7.a Add AC/Total AC Ratio 1 test per 1000 ton 1853 2360.2.G.7.a calculated [900 tonne] Adj. AFT 1 test per 500 ton Calculated 450 tonne 1854 2360.2.E.6.b Gradation 1 test per 500 ton 1203 2360.2.G.7.f 450 tonne Coarse 1 test per Aggregate 1,000 tons [900 1214 2360.2.G.7.g Angularity tonne Fine Aggregate 1 test per 1,000 ton Angularity [900 tonne] 1206 2360.2.G.7.h AA Fines to Effective I test per 500 ton 1203 & 1853 2360.2.G.7.f & Asphalt Ratio [450 tonne] 2360.2.G.7.a calculated G.6.b Production frequencies: After producing the first 2,000 ton [1,800 tonne] of each mix type test at the following Page 15 of 43 Table 2360-11 Production Testin Rates Production Test Sam1fling and TestinR Rates Test Reference Section Bulk Specific Divide the planned production by 1,000. Round the number to Laboratory 2360.2.G.7.b Gravity the next higher whole number Manual 1$Ob Maximum Divide the planned production Laboratory Specific by 1,000. Round the number to Manual 1807 2360.2.G.7.c Gravitythe next higher whole number. Air Voids Divide the planned production Laboratory (calculated) by 1,000. Round the number to Manual 1808 2360.2.G.7.d the next higher whole number Divide the planned production Laboratory Asphalt Content by 1,000. Round the number to Manual 1853 2360.2.G.7.a the next higher whole number Add AC/Total Divide the planned production Laboratory AC Ratio by 1,000. Round the number to Manual 1853 2360.2.G.7.a calculated the next higher whole number Adj. AFT Divide the planned production Laboratory (Calculated) by 1,000. Round the number to Manual 1854 2360.2.E.7.e the next higher whole number 1 gradation per 1,000 tons Laboratory Gradation [900 tonne], or portion thereof 1203 2360.2.G.7.f at least one per day)Manual 2 tests per day for at least 2 Coarse days, then 1 per day if CAA is Laboratory Aggregate met. If CAA >8% of Manual 1214 2360.2.G.7.g Angularity requirement, 1 sample per day but test 1 per week. 2 tests per day for at least 2 Fine Aggregate days, then 1 per day if FAA is Laboratory Angularity met. If FAA >5% of Manual 1206 2360.2.G.7.h (FAA) requirement, 1 sample per day but test 1 per week. Fines to Effective Divide the planned production Laboratory Manual 2360.2.G.7.f Asphalt Ratio by 1,000. Round the number to 1203 & 1853 the next higher whole number 2360.2.G.7.a (calculated) TSR As directed by the Engineer Laboratory Manual 1813 2360.G.7.i Aggregate Laboratory Specific As directed by the Engineer Manual 1204, 2360.G.7 j Gravity 1205, and 1815 Mixture Moisture Daily unless otherwise required Laboratory 2360.G.7.k by the Engineer Manual 1855 Content Sample first load (each grade), MnDOT Bituminous Asphalt Binder then 1 per 250,000 gal sample Manual 2360.G.7.1 size 1 qt [1,000,000 L] 5-693.920 Page 16 of 43 G.7 Production Tests G.7.a Asphalt Binder Content Spotchecks are required only when the Engineer has waived the requirements of 2360.2G8 relating to furnishing a computerized printout of the plant blending control system. A minimum of 1 spotcheck per day per mixture blend is required to determine the new added asphalt binder. Use an incinerator oven meeting the requirements of the Laboratory Manual Method 1853. Do not use the incinerator ovep if the percentage of Class B material is greater than 50 percent within the composite blend, unless the Contractor determines a correction factor approved by the Engineer. Perform chemical extraction meeting the requirements of Laboratory Manual Method 1851 or 1852. G.7.b Gyratory Bulk Specific Gravity, Gmb Use two specimens to determine gyratory bulk specific gravity meeting the requirements of Laboratory Manual Method 1806. Set Gyratory to an internal angle of 1.16° ± 0.02° according to AASHTO TP 71. G.7.c Maximum Specific Gravity, Gmm Determine maximum specific gravity meeting the requirements of Laboratory Manual Method 1807. G.7.d Air Voids — Individual and Isolated (Calculation) Calculate the individual and isolated air voids meeting the requirements of Laboratory Manual Method 1808. Use the maximum mixture specific gravity and corresponding bulk specific gravity from a single test to calculate the isolated air voids. Use the maximum specific gravity moving average and the bulk specific gravity from a single test to calculate the individual air voids. Compact gyratory design to Nd,siv in accordance with Table 2360-7, "Mixture Requirements" for the specified traffic level. G.7.e Adjusted Asphalt Film. Thickness (AFT) (Calculation) Calculate the Adj. AFT meeting the requirements of the Laboratory Manual Method 1854 G.7.f Gradation — Blended Aggregate Determine the gradation of blended aggregate sample, from an extracted bituminous mixture, meeting the requirements of Laboratory Manual Method 1203. G.7.g Coarse Aggregate Angularity Test the Coarse Aggregate Angularity (CAA) meeting the requirements of Laboratory Manual Method 1214 to determine the CAA on composite blend from aggregates used in production of hot mix asphalt. Ensure CAA test results meet the requirements in accordance with Table 3139-3. The Contractor may test mixtures containing virgin aggregates from composite belt samples. Test mixtures containing RAP from extracted aggregates taken from standard production samples. Test the percentage of fractured faces of the composite aggregate blend less than 100 percent twice a day for each mixture blend for at least two days, then one test per day if the test samples meet the CAA requirements. If the CAA crushing test results are greater than 8 percent of the requirements, take one sample per day and perform one test per week. Page 17 of 43 Report CAA results on the test summary sheet. The Department may reduce payment in accordance with Table 2360-15, "Reduced Payment Schedule for Individual Test Results," for mixture placed and represented by results below the minimum requirement in accordance with Table 3139-3. The Department will calculate tonnage subjected to reduced payment as the tons placed from the sample point of the failing test to the sampling point where the test result meets the specifications. G.7.h Fine Aggregate Angularity Use Laboratory Manual Method 1206 to test the composite blend from aggregates used in production of asphalt mixtures for Fine Aggregate Angularity (FAA) meeting the requirements of Table 3139-3. The Contractor may test mixtures that contain virgin aggregates from composite belt samples. Test mixtures that contain RAP from extracted aggregates taken from standard production samples. Perform two tests per day for each mixture blend for at least two days to test the percentage of uncompacted voids from the composite aggregate blend, then one test per day if the samples meet FAA requirements. If FAA test results are greater than 5 percent of the requirement, take one sample per day and one test per week. Report FAA results on the test summary sheet. The Department may reduce payment in accordance with Table 2360-16, "Reduced Payment Schedule for Individual Test Results," for mixture placed and represented by results below the minimums in accordance with Table 3139-3. The Department will calculate tonnage subjected to reduced payment as the tons placed from the sample point of the failing test to the sampling point where the test result meets the specifications. G.7.i Field Tensile Strength Ratio (TSR) ........................................ Laboratory Manual Method 1813 If the Engineer requires sampling and testing of the mixture to verify tensile strength ratio (TSR), both the Contractor and the Department will be required to test these samples within 72 h after sampling. The Contractor shall obtain a sample weighing at least 110 lb [50 kg] and split the sample in half to provide a sample for the Department and the Contractor. Label the Department companion of this split with the following information: (1) Date, (2) Time, (3) Project number, and (4) Cumulative tonnage to date. After the sample is split and labeled, give the Department's companion sample to the Department Street Inspector or Plant Monitor or to the Materials Engineer within 24 h of sampling as directed by the Engineer. When using Option 2, obtain the sample within the first 5,000 ton [4,500 tonne] of plant mixed asphalt produced or by the second day of production, whichever comes first, to verify tensile strength ratio (TSR).Take mixture samples from the windrow or truck box. Provide a 6 in [150 mm] specimen for gyratory design. The Contractor may test the sample at a permanent lab site or a field lab site. Refer to Table 2360-12, "Mixture Type, Minimum TSR," for the minimum acceptable TSR values for production. Stop production immediately if the material does not meet minimum TSR requirements. Do not resume production until after adding anti -strip to the asphalt binder. Determine the responsible parry for the cost of the anti -strip in accordance with the Department and Contractor TSR values in Table 2360-13. If the Department is responsible for the cost of the anti -strip, the Department will only pay for the cost of the anti -strip for mixtures placed on that project. The Department will not pay for delay costs associated with making changes related to this testing. Table 2360-12 Mixture TvDe. Minimum TSR Traffic Level 2 — 3 % Traffic Level 4 — 5, Contractor MnDOT Contractor MnDOT 75 65 80 70 Page 18 of 43 Table 2360-13 Anti -Strip Cost Responsibility Gyratory Level Contractor TSR MnDOT TSR Responsibility > 75 >65 No anti-striprequired < 65 Contractor 2-3 — < 75 >65 D artment < 65 Contractor 80 > 70 No anti -strip re uired < 70 Contractor 4-5 — < 80 � 70 Department < 70 Contractor Take another sample and test within the first 500 ton [450 tonne] after production resumes. Stop production if the re -test fails to meet the minimum specified value. Discuss a proposal to resolve the problem with the Engineer before resuming production. Do not operate below the specified minimum TSR if at least 2 successive tests fail the TSR requirements. A new sample and retest is automatically required if a proportion changes by greater than 10 percent from the currently produced mixture for a single stockpile aggregate or the Engineer directs the Contractor to sample and retest. G.7J Aggregate Specific Gravity(Gsb)...................... Laboratory Manual Methods 1204, 1205, 1815 Sample and test aggregate stockpiles to verify aggregate specific gravity if directed by the Engineer in conjunction with the District Materials Engineer. Provide 90 lb [40 kg] representative stockpile samples for each aggregate component. Split samples in half to provide material for both the Department and the Contractor. Label the Department companion with the following information: (1) Date, (2) Time, (3) Project number, and (4) Approximate cumulative tonnage to date. Give the Department companion to the Department Street Inspector or Plant Monitor immediately after splitting or to the Materials Engineer within 24 h of sampling as directed by the Engineer. The Materials Engineer will compare the aggregate specific gravity results to the Contractor's values on the current Mix Design Report. If the results deviate beyond the tolerance in accordance with Table 2360-16, "Allowable Differences between Contractor and Department Test Results," the Materials Engineer will notify the Contractor and issue a new Mix Design Report with the current specific gravity results. Base new mixture placed after receiving notification of new specific gravity values on the Department results. The Engineer will notify the Contractor regarding new specific gravity values. The dispute resolution procedure for aggregate specific gravity is on the Bituminous Office website. G.7.k Moisture Content.....................................................................Laboratory Manual Method 1855 Provide a mixture with moisture content no greater than 0.3 percent. Measure moisture content in the mixture behind the paver or, if approved by the Engineer, in the truck box. Sample and test as directed by the Engineer. Store the sample in an airtight container. Do not perform microwave testing. Do not provide plant mixed asphalt with a moisture content greater than 0.3 percent. G.7.1 Asphalt Binder Samples Obtain asphalt binder samples from a sampling valve located between the pump and the drum. Sample each type of asphalt binder used in mixture production after 50 tons of mixture has been produced, then sample at a rate of one per 250,000 gal [1,000,000 L. A minimum of I gallon of binder must be drawn and wasted Page 19 of 43 from the sampling valve before the actual sample is drawn. For batch plants, obtain the asphalt binder sample from the weigh pod. Provide a 1 qt [ 1.0 L] sized sample. The Inspector will monitor the sampling the Contractor performs. Record sample information on an Asphalt Sample Identification Card. Submit the sample to the Central Materials Laboratory. Contact the Department Chemical Laboratory Director for disposition of failing asphalt binder samples. G.8 Documentation Maintain documentation, including test summary sheets and control charts, on an ongoing basis. Maintain a file of gyratory specimen heights for gyratory compacted samples and test worksheets. File reports, records, and diaries developed during the work as directed by the Engineer. These documents become the property of the Department. Number test results in accordance with the MDR and record on forms approved and provided by the Department. Send production test results on test summary sheets to the District Materials Laboratory and to other sites as directed by the Engineer by 11 AM of the day following production by facsimile, or e-mail when approved by the Engineer. Include the following production test results and mixture information on the Department approved test summary sheet: (1) Percent passing on all sieves in accordance with Table 3139-2 (including No. 16, No. 30, No. 50, No. 100), (2) Coarse and fine aggregate crushing, (3) Maximum specific gravity (G..), (4) Bulk specific gravity (Gr„ b ), (5) Percent total asphalt binder content (Pb), (6) New added asphalt binder content, (7) Ratio of % new added asphalt binder to total asphalt binder, (8) Calculated production air voids (Va ), (9) Calculated adjusted AFT (Adj. AFT), (10) Composite aggregate specific gravity (Gsb) reflecting current proportions, (11) Aggregate proportions in use at the time of sampling, (12) Tons where sampled, (13) Tons represented by a test and cumulative tons produced, (14) Fines to effective asphalt ratio (F/A.), (15) Signature Line for MnDOT and Contractor Representative, (16) Mixture Moisture Content, and (17) MnDOT verification sample test result. (18) Identify, when used, the WMA additive or process and dosing rates. Submit copies of failing test results to the Engineer on a daily basis. Provide the Engineer with asphalt manifests or bill of lading's (BOL) on a daily basis. Provide a daily plant diary, including a description of QC actions taken. Include changes or adjustments on the test summary sheets. Provide weekly truck scale spot checks. Provide a Department approved accounting system for mixes and provide a daily and fmal project summary of material quantities and types. Page 20 of 43 Provide a final hard and electronic copy of QC test summary sheets and control charts, and density worksheets at completion of bituminous operations on the project to the Engineer. Provide an automated weigh scale and computer generated weigh ticket. Ensure the ticket indicates the following information: (1) Project number, (2) Mix designation, including binder grade, (3) Mixture Design Report number, (4) Truck identification and tare, (5) Net mass, and (6) Date and time of loading, Do not include deviations from the minimum information on the computer generated weigh ticket unless otherwise approved by the Engineer in writing. Continue test summary sheets, charts, and records for a mixture produced at one plant site from contract to contract. Begin new summary sheets and charts annually for winter carry-over projects. Begin new summary sheets and charts when an asphalt plant is re -setup in the same location after it has moved out. Furnish an electronic printout (long form recordation) from an automated plant blending control system at 20 minute intervals when the plant is producing mixture. The Engineer may waive this requirement if the plant does not have the capability to produce the automated blending control information; however, the Contractor must then perform daily spotchecks to determine percent new asphalt added. Include the following information on the plant control printout for Drum Plants: (1) Both the virgin and recycle belt feed rates (tons/hr), (2) Feeder bin proportions (%), (3) Total % asphalt cement in the mixture, (4) Virgin asphalt cement added (%) (5) Mixture Temperature °F [°C], (6) Mixture code, (7) Date and time stamp, and (8) Current tons of mixture produced and daily cumulative tons of mixture produced at time of printout. Provide a daily electronic printout of the plant calibration (SPAN) numbers for each bin and meter. .Include the following information on the plant control printout for Batch Plants: (1) Both the virgin and recycle belt feed rates (tons/hr), (2) Feeder bin proportions (%), (3) Mixture Temperature °F [°C], (4) Mixture code, (5) Date and time stamp, and (6) Current tons of mixture produced and daily cumulative tons of mixture produced at time of printout. Provide a daily electronic printout of the plant calibration (SPAN) numbers for each bin and meter. G.9 Control Charts Page 21 of 43 Provide control charts and summary sheets computer generated from software approved by the Engineer. The Contractor may use software available at the Bituminous Office. Record the following data on standardized control charts: (1) Blended aggregate gradation, include sieves in accordance with Table 3139-2 for specified mixture; (2) Percent asphalt binder content (Pb); (3) Maximum specific gravity (Gm,,,); (4) Production air voids (V,,); and (5) Adj. AFT. Unless otherwise directed by the Engineer, plot individual test results for each test point and connect individual points with a solid line. Plot the moving average for each test variable starting with the fourth test and connect with a dashed line. Plot the Department's QA and verification test results with triangles. Plot the specification dMF" limits on the control charts using a dotted line. G.10 JMF Limas Base the production air voids and Adj. AFT on the minimum specified requirements in accordance with Table 2360-7, "Mixture Requirements." Base gradations and asphalt binder content limits on the current Department reviewed Mixture Design Report. Provide gradation control sieves in accordance with Table 3139-2. Refer to the Mixture Design Report for the mixture production targets. JMF limits are the target plus or minus the limits in accordance with Table 2360-14, "JMF Limits (N=4)." Use JMF limits as the criteria for acceptance of materials based on the moving average. G.11 Moving Average Calculation Calculate a moving average as the average of the last four test results. Continue the calculation without interruption, except begin new summary sheets and charts annually for winter carry-over projects and if an asphalt plant is re -setup in the same site after it has been moved out. G.12 JMF Bands JMF Bands are the area between the target, as identified on the Mixture Design Report, and the BE limits. G.13 JMF Adjustment Begin mixture production with aggregate proportions within 5 percent of the design proportions and mixture parameters in Table 2360-14 within the JMF limits shown. Use all the aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. If the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a written justification or explanation of material changes since the original mixture submittal waive the preceding requirements. Page 22 of 43 Table 2360-14 JMF Limits :! Item JMF Limits Ad'. AFT -0,5 Production air voids % �= 1.0 Asphalt binder content, % -0.4 Sieve, % assin : 1 in [25.0 mm], % in [ 19.0 mm], 9.5 mml, No. 4 4.75 mm '/s in [ 12.5 mm], % in Broad band limits No. 8 r2.36 nun Broad band limits No. 200 0.075 mm Broad band limits G.11 Moving Average Calculation Calculate a moving average as the average of the last four test results. Continue the calculation without interruption, except begin new summary sheets and charts annually for winter carry-over projects and if an asphalt plant is re -setup in the same site after it has been moved out. G.12 JMF Bands JMF Bands are the area between the target, as identified on the Mixture Design Report, and the BE limits. G.13 JMF Adjustment Begin mixture production with aggregate proportions within 5 percent of the design proportions and mixture parameters in Table 2360-14 within the JMF limits shown. Use all the aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. If the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a written justification or explanation of material changes since the original mixture submittal waive the preceding requirements. Page 22 of 43 G.13.a JMF Request for Adjustment The Contractor may make a request to the Bituminous Engineer or District Materials Engineer for a Rv F adjustment to the mix design if the QC test results indicate a necessary change to achieve the specified properties. Do not use aggregates or materials not part of the original mix design to make adjustments unless otherwise approved by the Engineer, in conjunction with the District Materials Engineer or the Department Bituminous Engineer. A Certified Level II Bituminous QM Mix Designer will review the requested change for the Department. If the request meets the design requirements in Table 3139-2,"Aggregate Gradation Broad Bands", Table 3139-3,"Mixture Aggregate Requirements", and Table 2360-7, "Mixture Requirements," the Department will issue a revised Mixture Design Report. Each trial mixture design submittal in accordance with 2360.2.E, "Mixture Design" may have three JMF adjustments per mixture per project without charge. The Department will charge the Contractor $500 for each additional JMF adjustment requests. Perform an interactive process with the Engineer before making JMF adjustments. Make JMF adjustments only within the mixture specification gradation design broadbands in accordance with Table 3139-2. Submit a new JMF if redesigning the mixture. Only reduce the JMF asphalt content if the moving average Adj. AFT is 8.5p or more and Individual Adjusted AFT is at least 7.5 µ. The department will not allow consecutive requests for a JMF adjustment without production data. Continue calculation of the moving average after the approval of the JMF. G.13.b JMF Request for Adjustment for Proportion Change > 10% If requesting a JMF adjustment for a proportion change greater than 10 percent from the currently produced mixture for a single stockpile aggregate, provide supporting production test data from at least four tests run at an accelerated testing rate of one test per 500 ton [450 tonne] with the adjustment request. The Department will base acceptable verification and approval of the requested JMF on individual and moving average test results in addition to the requirements listed above. Individual test results must be within twice the requested JMF limits for percent asphalt binder, production air voids, and Adj. AFT. Individual gradations must be within the Broad Bands. The moving average values must be within the control limits in accordance with Table 2360-14. Continue to calculate the moving average after the change in proportions. If the mixture meets the design requirements as discussed in G. 13.a, the District Materials Laboratory will sign the request for JMF adjustment effective from the point of the proportion change. If the mixture fails to meet the design requirements, the Department will either reduce the payment or direct the Contractor to remove and replace. Do not make consecutive requests for IMF adjustments without production data. G.13.c JMF Request for Adjustment When Cumulative Proportion Changes > 10% Submit a request for JMF adjustment when the cumulative change on any one product exceeds 10% from the original MDR. The Department will issue a revised MDR provided the mixture meets the requirements in Table 3139-2,"Aggregate Gradation Broad Bands", Table 3139-3,'Mxture Aggregate Requirements", and Table 2360-7, "Mixture Requirements". G.14 Failing Materials The Department will base material acceptance on individual and moving average test results. The Department will use isolated test results for acceptance of air voids at the start of mixture production. The Department will consider individual test results greater than two times the JMF bands as failing. The Department will fail moving average test results exceeding the JMF limits. Begin new summary sheets annually for winter carry-over projects. Page 23 of 43 Stop production and make adjustments if the moving average values exceed the JMF limits. Restart production after performing the adjustments and notifying the Engineer. Resume testing at the accelerated rates and for the tests listed in Table 2360-10, "Production Start -Up Testing Rates," for the next 2,000 ton [1,800 tonne] of mixture produced. Continue calculating the moving average after the stop in production. The Department will consider mixture produced where the moving average of four exceeds the JMF limits as unsatisfactory in accordance with 2360.2.G.14.d, "Moving Average Failure at Mixture Start -Up – Production Air Voids," 2360.2.G.14.e, "Moving Average Failure at Mixture Start -Up — Adjusted AFT," 2360.2.G.14.f, "Moving Average Failure - Production Air Voids," and 2360.2.G.14.g, "Moving Average Failure Percent Asphalt Binder Content, Gradation, and Adj. AFT." If the total production of a mixture type for the entire project requires no greater than four tests the Department will accept the material in accordance with 2360.2.G. 14.b, "Isolated Failures at Mixture Start -Up — Production Air Voids," and 2360.2.G. 14.c, "Individual Failure — Gradation, Percent Asphalt Binder, Production Air Voids, and Adj. AFT." If the Contractor's testing data fails to meet the tolerances in accordance with Table 2360-9, "Allowable Differences between Contractor and Department Test Results," the Department will substitute QA and verification data to determine the payment factor. G.14.a Ratio of New Added Asphalt Binder to Total Asphalt Binder – Acceptance Criteria Minimum design ratio of new added asphalt binder to total asphalt binder is shown in Table 2360- 15 below. During production the ratio must meet individual and moving average requirements as listed in Table 2360-15,"Ratio of New Added Asphalt Binder to Total Asphalt Binder Acceptance Criteria". If the individual or moving average ratio drops below the minimum requirement, the Contractor must stop production and make adjustments to correct the process. Restart production only after notifying the Engineer of the adjustments made. The calculation of the moving average will continue after the stop in production. Table 2360-15 Ratio of New Added Asphalt Binder to Total Asphalt Binder Acceptance Criteria Specified Asphalt Grade Recycled Material RAS Only RAS + RAP RAP Only PG XX -28, PG 52-34, PG 49-349 PG 64-22 Wear (ind./moving average) 66/70 66/70 66/70 Non -Wear ind./movin averse 66/70 66/70 61/65 PG 58-34, PG 64-34, PG 70-34 Wear & Non -Wear ind./movin averse 76/80 76/80 1 76/$0 G.14.b Isolated Failures at Mixture Start -Up – Production Air Voids At the start-up of mixture production, use the first three isolated test results for production air voids before establishing a moving average of four. Calculate isolated production air voids using the maximum mixture specific gravity and the corresponding bulk specific gravity from that single test. After testing four samples and establishing a moving average of four, the Department will base acceptance on individual and moving average production air voids. The Department will not accept the material if any of the first three isolated test results for production air voids exceeds twice the JMF bands from the target listed on the Mixture Design Report at the start of production. The Department will reduce payment for unacceptable material in accordance with Table 2360-16, "Reduced Payment Schedule for Individual Test Results." The Department will calculate the quantity of unacceptable material on the tonnage placed from the sample point of the failing test to the sample point when the isolated test result is back within twice the JMF bands. If the failure occurs at the first test after the start of production, the Department will calculate the tonnage subject to reduced payment as described above, including the tonnage from the start of production. Page 24 of 43 If isolated air voids are less than 1.0 percent or greater than 7.0 percent, the Engineer will either reduce the payment or order the material removed and replaced at no additional cost to the Department. The Engineer may require the Contractor to test in-place mixture to better define the removal and replacement limits. The Engineer may require the Contractor to test in-place mixture placed before the failing test result. If the Engineer reduces the payment, the Department will pay for the material at 50 percent of the contract unit price. G.14.c Individual Failure –Percent Asphalt Binder, Production Air Voids, and Adj. AFT Table 2360-16 Reduced Payment Schedule for Individual Test Results Item Pay Factor, % Coarse and fine to crushing 90 Asphalt binder content 90 Production air voids, individual 11 and isolated' 80 * Apply the lowest pay factor when using multiple reductions on a single test. II Calculate individual air voids using the moving average maximum specific gravity and the bulk specific gravity from that single test. fi Calculate the isolated air voids from the maximum specific gravity and the bulk specific gravity from that single test. The Engineer will only use isolated void test results for acceptance for the first three tests after mixture production start-up. If the individual test result for adjusted AFT is less than 7.5µ, the Department may either reduce payment in accordance with Table 2360-17, "Reduced Payment Schedule for Individual Test Results, Adjusted AFT," or order the material removed and replaced represented by the individual test. This tonnage includes all material placed from the sample point of the failing test to the sample point when the test result meets specification requirements. If the failure occurs at the first test after the start of daily production, the Department will include the tonnage from the start of production that day with the tonnage subject to reduced payment or removal and replacement. Table 2360-17 Reduced Payment Schedule for Individual Test Results Adjusted AFT Individual Adjusted AFT,,u Pay Factor, % > 7.5 100 7.4-7.0 90 6.9-6.1 75 < 6.0 R&R * Remove and replace at no expense to the Department. The Department will not accept material if the individual tests for percent asphalt binder content or production air voids exceeds twice the JW bands from the target listed on the Mix Design Report. The Department will reduce payment in accordance with Table 2360-16, "Reduced Payment Schedule for Individual Test Results." The Department will calculate the material subject to reduced payment as the material placed from the sample point of the failing test until the sample point when the test result is back within twice the JMF limits. If the failure occurs at the first test after the start of daily production, the Department will include tonnage from the start of production that day with the tonnage subjected to reduced payment. The Department will not accept material if individual air voids are less than 1.0 percent or greater than 7.0 percent, Remove and replace unacceptable material at no additional cost to the Department as directed by the Engineer. Test in-place mixture to better define the area to be removed and replaced as directed by the Engineer. Test mixture placed before the failing test result as directed by the Engineer. The Department may reduce payment for unacceptable material at 50 percent of the relevant contract unit price. G.14.d Moving Average Failure at Mixture Start -Up — Production Air Voids If a moving average failure occurs within any of the first three moving average results after mixture start-up (tests 4, 5, 6), the Department will accept the mixture if the individual air void, corresponding to the Page 25 of 43 moving average failure meets the JMF limits. The Department will not accept material if the individual air void fails to meet the JMF limit. The Department will reduce payment for unacceptable material unless the Engineer determines that the isolated air void corresponding to the individual air void meets the JNW limit. The Department will pay for unacceptable material at 70 percent of the relevant contract unit price. The Department will calculate the quantity of material subject to reduce payment as the tons placed from the sample point of the failing moving average result and corresponding individual air void beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. If the failure occurs at the first test after the start of daily production, the Department will include tonnage from the start of production that day with the tonnage subjected to reduced payment. G.14.e Moving Average Failure at Mixture Start -Up — Adj. AFT The Engineer will calculate the Moving Average (n=4) Adj. AFT during the sixth test after the beginning of mixture production of that specific mixture. The Engineer will include the individual results of calculations for tests No. 3, No. 4, No. 5, and No. 6 with this calculation. G.14.f Moving Average Failure — Production Air Voids A moving average production air void failure occurs when the individual production air void moving average of four exceeds the JMF limit. The Department will consider the mixture unacceptable and subject to reduced payment. The Department will pay for unacceptable mixture at 70 percent of the contract unit price. The Department will calculate the quantity of mixture subject to reduced payment as the tons placed from the sample point of all individual test results beyond the JMF limits, which contributed to the moving average value that exceeded the JMF limit, to the sampling point where the individual test result meets the JMF limits. If the failure occurs at the first test after the start of daily production, the Department will include the tonnage from the start of production that day with the tonnage subject to reduced payment. Table 2360-18 Reduced Payment Schedule for Moving Avera a Test Results Item Pa Factor Gradation 90 Coarse and fine aggregate crushin NA individual failures only) Adjusted AFT 80 Asphalt binder content 80 Production air voids 70 * Lowest Pay Factor applies when there are multiple reductions on a single test. G.14.g Moving Average Failure - Percent Asphalt Binder Content, Gradation, and Adj. AFT The Engineer will consider the mixture unacceptable and subject to reduced payment for mixture properties, including asphalt binder content and gradation, where the moving average of four exceeds the JMF limits. The Department may reduce payment for unacceptable mixture properties in accordance with Table 2360-18, "Reduced Payment Schedule for Moving Average Test Results." The Department will calculate the quantity of material subject to replacement or reduced payment as the tons placed from the sample point of all individual test results beyond the JMF limits, which contributed to the moving average value that exceeded the JMF limit, to the sampling point when the individual test result is back within the JMF limits. If the failure occurs at the first test after the start of daily production, the Department will include the tonnage from the start of production that day with the tonnage subjected to reduced payment. The Engineer will calculate the Moving Average (n=4) Adjusted AFT during the sixth test after the beginning of mixture production of that specific mixture. The Engineer will include the individual results of calculations for tests No. 3, No. 4, No. 5, and No. 6 with this calculation. The Department will consider material with the Moving Average (n=4) of the Adjusted AFT is less than 8.0 g as unsatisfactory and will pay for the material at 80 percent of the relevant contract unit price. The Department will calculate the quantity of material subject to replacement or reduced payment as the tons placed from the sample point of all Individual Adjusted AFT results less than 8.011, which contributed to the Moving Average value that was less than 8.011, to the sample point Page 26 of 43 where the Individual Adjusted AFT is at least 8.0g. If the failure occurs at the first test after the start of daily production, the Department will include the tonnage from the start of production that day with the tonnage subject to reduced payment. G.14.h Coarse and Fine Aggregate Crushing Failure If any CAA or FAA test results do not meet the requirements specified in Table 3139-3, the Department may reduce payment for the placed material in accordance with Table 2360-16, "Reduced Payment Schedule for Individual Test Results." The Department will calculate the quantity of material subject to reduced payment as the tons placed from the sample point of the failing test until the sampling point where the test result meets the specifications. If the failure occurs at the first test after the start of daily production, the Department will include the tonnage from the start of production that day with the tonnage subjected to reduced payment. 2360.3 CONSTRUCTION REQUIREMENTS A Restrictions A.1 Asphalt Release Agents Do not use petroleum distillates to prevent adhesion of asphalt mixtures to equipment. An asphalt release agent must meet the criteria for "Effect on Asphalt" as described in the most recent Asphalt Release Agent on file in MnDOT's Office of Environmental Services. A.2 Edge Drop Off When construction is under traffic, the requirements of 2221.3.1) will apply A.3 Surge and Storage Bins Store the asphalt mixture for no more than 18 h at storage facilities that prevent segregation of the mix and drainage of asphalt from the mix. Maintain the mixture at within 9 °F [5 °C] of the temperature when discharged from the silo or mixer and prevent excessive cooling or overheating. A.4 Weather Limitations and Paving Date Do not perform work within the roadway in the spring until removal of seasonal load restrictions on roads in the vicinity unless otherwise approved by the Engineer. Do not place asphalt mixtures when weather or roadbed conditions or moisture conditions of the roadway surface are judged unfavorable by the Engineer. Do not place asphalt pavement final wearing course lift after October 15 north of an east -west Iine between Browns Valley and Holyoke, or after November 1 south of an east -west line between Browns Valley and Holyoke. The Engineer may waive these restrictions when: (1) The Contractor is not placing asphalt mixture on the traveled portion of the roadway, (2) The roadway involved is closed to traffic during the following winter, or (3) The Engineer provides written direction to place the mixture. A.5 Mixing and Discharge of Materials Notify the Engineer of the recommended plant mixing temperatures as provided from the asphalt supplier. Unless authorized by the Engineer, do not produce the mixture more than 30°F above the recommended maximum mixing temperature. Use the automated plant control printout to monitor discharge temperature. The Department will not pay for or allow placement of any mixture produced at more than 30°F above the recommended maximum mixing temperature unless the higher mixing temperatures have been approved by the Engineer. Page 27 of 43 B Equipment B.1 Plant B.La Segregation Provide plant mixed asphalt from a plant capable of producing a uniform mix free of segregation. B.Lb Scales Test and calibrate scales in accordance with 1901. B.I.c Mineral Filler Add mineral filler to the mixture using a storage silo equipped with a device to ensure a constant and uniform feed. B.Ld Storage Tanks Provide storage tanks equipped to heat and maintain the material at the temperatures recommended by the certified asphalt supplier. Place the discharge end of the circulating line below the surface of the asphalt material. Provide agitation for modified asphalt as recommended by the supplier. Provide an outage table or chart and measuring stick for each storage or working tank. Equip tanks with provisions to take asphalt binder material samples. After delivery of asphalt binder material to the project, do not heat the material at temperatures greater than 350° F [175° C]. Do not store modified asphalt at temperatures greater than the manufacturer's recommendation. B.1.e Asphalt Binder Control If proportioning asphalt binder material by volume, equip the plant with either a working tank or a metering system to determine asphalt binder content of the mixture. Provide a working tank with a capacity from 1,000 gal to 2,000 gal [3,800 L to 7,600 L]. Calibrate and supply the worming tank with a calibrated measuring stick. The Contractor may connect the tank to a mixing unit and use it only during spot check operations as long as it is available at all times. Return feedback to the working tank during spot check operations. Provide a metering system with at least one approved asphalt binder flow meter and a asphalt binder pump. Connect the flow meter to the asphalt binder supply to measure and display only the asphalt binder being fed to the mixer unit. Position the meter readout for convenient observation. Provide a means to compare the flow meter readout with the calculated output of the asphalt binder pump. Provide a system to display that shows the accumulated asphalt binder quantity being delivered to the mixer in gallons [liters] or to the nearest 0.001 ton [0.001 tonne]. Calibrate and adjust the system to maintain an accuracy of f 1 percent error for each plant set-up before producing the mixture. Provide an outage table or chart and measuring stick for each storage or working tank. Equip tanks with provisions to take asphalt binder material samples. After delivery of asphalt binder material to the project, do not heat the material at temperatures greater than 350° F [175° C]. Do not store modified asphalt at temperatures greater than the manufacturer's recommendation. B.1.e (1) Asphalt Binder Sampling Valve Provide an asphalt binder sampling valve located between the pump and the drum. Sample asphalt binder from the weigh pod for batch plants. Page 28 of 43 11.11 Dryer The Department will not allow unburned fuel in the mix. B.1.g Temperature Control Equip the plant with enough temperature sensors to ensure temperature control of the aggregate and asphalt binder. B.1.h Pollution.....................................................................................................................................1717 B.2 Street Equipment B.2.a Paver Provide a paver capable of spreading and finishing to widths as shown on the plans and with an operational vibratory screed and automatic screed control to place mix without segregation. Use an asphalt paver to place the mixture. When necessary, the Contractor may use a motor grader, when approved by the Engineer, to spread mixtures in areas that are inaccessible to a paver or when the quantity of mixture makes it impractical to place with a paver. Use a shouldering machine to spread the mixture on shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver. Using a screed or strike -off assembly, produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, if the paving width is greater than the basic screed, auger and mainframe extensions, which meet manufacturer's recommendations for the paving width, are required unless otherwise directed by the Engineer. The Department will not allow strike -off only extension assemblies for mainline wearing course paving, unless the Engineer directs otherwise. Equip all pavers with an approved automatic screed control. Sensor -operated devices need to include automatic controls that follow reference lines, or surfaces on one or both sides of the paver as required. Adjust the speed of the paver to produce the best results. A string line is only required if stated in the contract. Spread all mixtures without segregation to the cross sections shown on the plans (excluding tight blade and scratch course applications) . The objective on the leveling layer is to secure a smooth base of uniform grade and cross section so that subsequent courses will be uniform in thickness. The Contractor may spread the leveling layer with a properly equipped paver or, when approved by the Engineer, a motor grader equipped with a leveling device or with other means for controlling the surface elevation of the leveling layer. Place each course over the full width of the section under construction on each day's run, unless the Engineer directs otherwise. B.2.b Trucks Provide trucks with tight, clean, and smooth truck haul beds. Do not allow mixture to adhere to the truck beds. When directed by the Engineer, provide a cover that extends at least 1 ft [ 300 mm] over the truck bed sides and attach to tie -downs, if the truck is not equipped with a mechanical or automated covering system. B.2.c Motor Graders Use a motor grader with the following characteristics: Page 29 of 43 (1) Self-propelled, (2) Equipped with pneumatic tires with a tread depth of % in [ 13 min] or less, (3) Equipped with a moldboard blade that is at least 10 feet [3 m], and (4) With a wheelbase of at least 15 feet [4.5 m]. B.2.d Distributor Provide a distributor capable of uniformly applying material up to 15 ft [4.6 m] wide and equipped with the following: (1) An accurate volume measuring device with tachometer, (2) Pressure gauges, (3) Thermometer for measuring temperatures of tank contents, (4) Power -operated pump, and (5) Full circulation spray bars with lateral and vertical adjustments. B.2.e Rollers Compact each lift of asphalt to the density require in 2360.3.D, "Compaction." B.2.e(1) Steel -Wheeled Rollers Sell -propelled steel wheeled compacting equipment must weigh at least 8 ton [7.3 tonne]. If using vibratory rollers, provide rollers that produce 3,085 lbf per ft [45 kN per m] of width and a vibratory frequency of at least 2,400 vpm using the low amplitude setting. Provide a roller capable of reversing without backlash and equipped with spray attachments for moistening rollers on both sets of wheels. B.2.c(2) Pneumatic Tired Rollers Self-propelled pneumatic tired compacting equipment must have a compactiion width of at least 5 ft [1.5 m] and a gross wheel load force of at least 3,000 lb [13 kN] per wheel for traffic level 2 and level 3 mixtures, 5,000 lb [22 kN] per wheel for traffic level 4 and level s mixtures, and, if using vibratory, at least 8 ton [7.3 tonne] total mass. Provide a roller with a tire arrangement that obtains full compaction over the full width with each pass of the roller. B.2.e(3) Trench Rollers Self-propelled trench rollers must weigh at least 2,960 lb per foot [4,400 kg per meter] of width. B.3 Tack Coat Apply a uniform asphalt tack coat to the clean and dry existing asphalt or concrete surface and to the surface of each course or lift constructed, except for the final course or lift, in accordance with 2357. Coat the contact surfaces of all fixed structures and the edge of the inplace mixture in all courses at transverse joints and in the wearing course at longitudinal joints. Do not coat the longitudinal joint if a rubberized asphalt joint adhesive will be applied to the vertical face of the joint. A uniform application will not have streaks (corn rows), bare spots, puddles, or other irregular patterns. Allow emulsified asphalt tack coats to break, as indicated by a color change from brown to black, before placing subsequent lifts. Take tack samples from the asphalt distributor according to rates provided in the Material Control Schedule. The Inspector will monitor the sampling the Contractor performs. Page 30 of 43 C Joints C1 Construction Joints Compact joints to produce a neat, tightly bonded joint that meets surface tolerances as described in 2360.3.E. Transverse and longitudinal joints are subject to the density requirement in accordance with 2360.3.13, "Compaction." C.2 Transverse Joints Construct a transverse joint, the full width of the paver, at right angles to the centerline when mixture placement operations are suspended. When work resumes, cut the end vertically for the full depth of the layer unless constructing a formed edge as approved by the Engineer. C.3 Longitudinal Joint Construct the longitudinal joint between strips and parallel to the pavement centerline. In multiple lift construction, construct the longitudinal joints between strips in each lift at least 6 in [150 mm] measured transversely from the longitudinal joints in the previously placed lift. If constructing a wearing course in an even number of strips, place one longitudinal joint on the centerline of the road. When constructing a wearing course in an odd number of strips, locate the centerline of one strip on the centerline of the road, provided that no joint is located in the wheel path area of a traffic lane. The Contractor will align longitudinal joints in multiple lift construction over portland cement concrete pavements directly over the concrete pavement longitudinal joints as approved by the Engineer. At longitudinal joints formed by placing multiple strips, ensure the adjoining surface is higher but does not exceed `/s in [3 nun], after final compaction of the previously placed strip. When constructing a strip adjoining a previously placed strip or a concrete pavement, remove to the longitudinal joint line, any fresh mixture that overlaps a previously placed strip or pavement before rolling. D Compaction After spreading each course, compact in accordance with the maximum density method as described in 2360.3.D.1, unless the ordinary compaction method is called for in the special provisions or as described in 2360.3.D.2, "Ordinary Compaction." Do not allow rollers to stand on the uncompacted mixture or newly rolled pavement with a surface temperature greater than 140 °F [60 °C]. Do not roll with steel -wheeled rollers if rolling produces aggregate that is crushed, cracked, or pulverized or causes displacement of the mixture. To maintain a true surface, correct the following by removing and replacing the material in the defective areas as directed by the Engineer at no additional cost to the Department: (1) Variations such as depressions or high areas, which may develop during rolling operations; and (2) Lean, fat, or segregated areas. When spreading mixtures with a motor grader, compact the mixture with pneumatic tired rollers simultaneously with the spreading operation. DA Maximum Density Compact the pavement to at least the minimum required maximum density values in accordance with Table 2360-19, "Required Minimum Lot Density (Mat)," and Table 2360-20, "Longitudinal Joint Density Requirement." Density evaluation will include compacted mat density and compacted longitudinal joint density. Density evaluation will not include longitudinal joint density on lifts with a 1 percent reduced density requirement. Page 31 of 43 hours to allow the Engineer to observe the test and to record the saturated surface dry and immersed weight of the cores. Determine the density by the end of the next working day after compaction. Measure each core three times for thickness before saw cutting. Report the average lift thickness on the core sheet. If placing multiple layers in a single day, saw and separate cores for each layer, test, and report by the end of the next working day. Place and compact mix into the coring hole to restore the surface within 24 h after coring or the Department will fine the Contractor $100 per working day per lot until restored. D.1.i Companion Core Testing The Department will select at least one of the two companion cores per lot to test for verification. For lots designated as longitudinal joint density lots, the Department will test at least one of the mat density companion cores and at least one of the longitudinal joint density companion cores. DAA Tolerance Comparison D.1.k(1) Tolerance Comparison —Individual Compare the individual core bulk specific gravities obtained by the Contractor and by the Department. If the bulk specific gravity between the Contractor and the Department cores differ by more than 0.030, use the Department's bulk specific gravity. D.1.k(2) Tolerance Comparison — Day's Shrinking Tolerance For a second comparison of the cores that pass the individual tolerance criteria, compare the average of the Contractor's bulk specific gravities with the average of the Department's bulk specific gravities. Determine the tolerance by dividing 0.030 by the square root of the number of samples compared. Use all the Department's results for the day's paving if the cores do not fall within the determined tolerance. D.1.1 Recoring The Engineer may allow the Contractor to re -care a sample if the sample was damaged in the coring process or damaged in transit to the laboratory through no fault of the Contractor. DA.m One Percent Reduced Density The Department will exclude incentive payments for reduced minimum density in accordance with Table 2360-19, "Required Minimum Lot Density (Mat)." The Contractor may elect to waive the reduced density requirement and reevaluate the density in accordance with Table 2360-19, "Required Minimum Lot Density (Mat)," including incentives, for all cases except the first lift constructed over concrete pavement. The Contractor must notify the Engineer, in writing, after the first day's paving and by the end of the third day of paving of their intent to waive reduced density. Once reduced density has been waived the normal maximum density will remain in effect for the duration of mixture placement on that lift. For multi-year projects, the waiving of reduced density will be for that year only and will be re-evaluated for subsequent years on an annual basis. The Contractor is required to comply with any construction requirements on subsequent lifts. D.Ln Longitudinal Joint Density Evaluate longitudinal joint density in one lot per day unless the total daily weight is greater than 5,000 ton [5,000 tonne]. If the total daily weight is greater than 5,000 ton [5,000 tonne], evaluate two lots per day. Randomly select the location to take cores for longitudinal joint density from the mat density core locations. Take six cores at this location. Take cores for longitudinal joint density with the outer edge of the core barrel within 6 in [ 150 mm] from the edge of the top of the mat for both sides of the mat. Take a companion core 1 ft [0.3 m] longitudinally from each core. Take two cores for mat density at either 2 ft [0.61 m] right or 2 ft [0.61 m] left of the center of the mat the Contractor is paving, regardless of random number generation. Page 34 of 43 D.Lo Imaginary Joint An actual longitudinal joint will not exist if pulling the shoulder and driving lane in the same paving pass. Do not cut a core on the imaginary line where a joint would have existed had the shoulder and the drive lane been paved separately. D.Lp Shoulders D.I.p(1) Shoulder — Ordinary Compaction If compacting the shoulder under the ordinary density specification, do not take longitudinal joint cores in shoulders. Core at the centerline longitudinal edge cores (6 in [150 nun] from the joint) and at the mat density cores (2 ft [0.61 m] right or left of the center of the paving pass). D.Lp(2) Shoulder -Maximum Density Specification Core at the following locations: (1) Centerline longitudinal edge cores (6 in [150 mm] from the joint), (2) Mat density cores (2 ft [0.61 m] right or left of the center of the paving pass), and (3) Edge of the shoulder (6 in [ 150 mm] from the outside edge). Do not cut cores on the imaginary line at the edge of the shoulder adjacent to the driving lane. Move coring locations on imaginary Iines to 6 in [150 mm] inside the edge of the shoulder. Page 35 of 43 D.1.q Payment Schedule Table 2360-22 Payment Schedule for Maximum Mat Densit Mat Densi ny Factor A SP Wear and SP Shoulders SP Non -Wear and SP Shoulders Traffic Level Traffic Level 4% Void Density, %* 3% Void), Density, %* 2&3 4&5 > 93.6 > 94.6 1.03 1.0511 93.1-93.5 94.1-94,5 1.02 1.04 92.0-93.0 93.0-94.0 1.00 1.00 91.0-91.9 92.0-92.9 0.98 0.98 90.5-90.9 91.5-91.9 0.95 0.95 90.0-90.4 91.0-91.4 0.91 0.91 89.5-89.9 90.5-90.9 0.85 0.85 89.0-89.4 90.0-90.4 0.70 0.70 < 89.0 < 90.0 # * Calculate the percent of maximum specific gravity to the nearest tenth. �I Payment will only apply if the day's weighted average individual production air voids fall within - '/Z percent of the target air void value. Base the weighted average air voids on all the mixture production tests in accordance with 2360.2.G.7, "Production Tests" for the corresponding day and weight by the tons the corresponding test represents. t The Department will pay for the HMA material represented by the lot at 70 percent of the relevant contract unit price; unless a single core density in the lot is less than 87.0 percent of the maximum specific gravity (Gmm). If a single core density is less than 87.0 percent of Gmm, the Engineer will decide if the mixture is subject to removal and replacement or if will be accepted at a reduced payment of 50 percent of the relevant contract unit price. If the Engineer decides the material is to be removed and replaced, the Contractor will do so at no additional cost to the Department. Take additional core samples to determine the limits of the removal and replacement area or 50% payment using the same offset from centerline as the original core. If the original low density core was taken within 1 %z ft [0.45 m] of an edge of the paver pass, take the additional cores at 1'/z ft [0.45 m] from the edge of the paver pass. Determine the densities at 50 ft [ 15 m] intervals both ahead and behind the point of unacceptable core density until finding a point of acceptable core density (>89.0% for 4% void and 1% reduced voids and >90.0% for 3% voids). If the 50 ft (15 m) incremental testing extends into a previously accepted lot, removal and replacement may be required, but, these results will not be used to recalculate the previously accepted lot density. Perform the additional coring and testing at no cost to the Department. The Department will calculate the area of unacceptable pavement as the product of the longitudinal limits as determined by the 50 ft [ 15 m] cores and the full width of the paver pass, laying in the traffic lane or lanes. The Department will exempt shoulders from this calculation unless density failure occurred in the shoulder area. Establish an additional density lot for the pavement that has been removed and replaced. Cut 2 cores randomly with companions for the Department (total 4 cores) and determine average density. Make payment in accordance with Table 2360-22 or Table 2360-23 excluding any incentive payment. Determine the density for the remainder of the lot by averaging the original acceptable core density value with the first two acceptable core densities taken ahead and behind the unacceptable core density. Make payment in accordance with Table 2360-22 or Table 2360-23 excluding any incentive payment. Page 36 of 43 Table 2360-23* 1 Percent Reduced Table SP Wear and SP Shld SP Non -Wear, and SP Shld (4% Vold) Maximum (3% Void), Maximum Specific Specific Gravity, % Gravity, % Payment, % >_ 91.0 > 92.0 100 90.0-90.9 91.0--91.9 98 89.7-89.9 90.5-90.9 95 89.4-89.6 90.0-90.4 91 89.2-89.3 89.5-89.9 85 89.0-89.1 89.0-89.4 70 < 89.0-[ < 89.0 t * Reduce the minimum by 1 percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a spring load restriction (including shoulders) no greater than 7 ton [6.35 tonne]. Reduce the minimum by 1 percent on the first lift constructed on PCC pavements (reduced density cannot be waived on PCC). �I Calculate the percent of maximum specific gravity to the nearest tenth. t The Department will pay for the HMA material represented by the lot at 70 percent of the relevant contract unit price; unless a single core density in the lot is less than 87.0 percent of the maximum specific gravity (Gmm). If a single core density is less than 87.0 percent of Gmm, the Engineer will decide if the mixture is subject to removal and replacement or if will be accepted at a reduced payment of 50 percent of the relevant contract unit price. If the Engineer decides the material is to be removed and replaced, the Contractor will do so at no additional cost to the Department. Take additional core samples to determine the limits of the removal and replacement area or 50% payment using the same offset from centerline as the original core. If the original low density core was taken within 1 % ft [0.45 m] of an edge of the paver pass, take the additional cores at 1 %z ft [0.45 m] from the edge of the paver pass. Determine the densities at 50 ft [ 15 m] intervals both ahead and behind the point of unacceptable core density until finding a point of acceptable core density (>89.0% for 4% void and 1% reduced voids and >90.0% for 3% voids). If the 50 ft (15 m) incremental testing extends into a previously accepted lot, removal and replacement may be required, but, these results will not be used to recalculate the previously accepted lot density. Perform the additional coring and testing at no cost to the Department. The Department will calculate the area of unacceptable pavement as the product of the longitudinal limits as determined by the 50 ft [ 15 m] cores and the full width of the paver pass, laying in the traffic lane or lanes. The Department will exempt shoulders from this calculation unless density failure occurred in the shoulder area. Establish an additional density lot for the pavement that has been removed and replaced. Cut 2 cores randomly with companions for the Department (total 4 cores) and determine average density. Make payment in accordance with Table 2360-22 or Table 2360-23 excluding any incentive payment. Determine the density for the remainder of the lot by averaging the original acceptable core density value with the first two acceptable core densities taken ahead and behind the unacceptable core density. Make payment in accordance with Table 2360-22 or Table 2360-23 excluding any incentive payment. Page 37 of 43 Table 2360-25* Table 2360-24* Payment Schedule for Longitudinal Joint Density SP Non -wear and SP Shoulders 3% Void Payment Schedule for Longitudinal Joint Density Pay Factor B Pay Factor C SP Non -wear and SP Shoulders, 4% Void Longitudinal Confined Ede Longitudinal Joint (Unsupported Edge) Longitudinal Joint Pay Factor B Longitudinal Joint Pay Factor C (Confined Ed e) Longitudinal Confined Ede) (Unsupported Edge) (Unsupported Edge Density, % Traffic Level Traffic Level Density, % Traffic Level Traffic Level I.Olt 1.021 2&3 4&5 2&3 4&5 >_ 92.1 1.02t 1.031 >_ 91.0 1.021 1.031 91.6-92.0 1.Olt 1.02t 90,1-90.9 1,01t 1.021 89.5-91.5 1.00 1.00 88.1-90.0 1.00 1.00 88.5-89.4 0.98 0.98 87.0-88.0 0.98 0.98 87.7-88.4 0.95 0.95 86.0-86,9 0.95 0.95 87.0-87,6 0.91 0.91 85.0-85.9 0.91 0.91 < 87.0 0.85 0.85 < 85.0 0.85 0.85 * The Department will limit incentive payment for longitudinal joint density to lots with evaluated longitudinal joint densities. II Calculate the percent of maximum specific gravity to the nearest tenth. j Payment will only apply if the day's weighted average individual production air voids fall within - i/2 percent of the target air void value, Base the weighted average air voids on all the mixture production tests in accordance with 2360.2.G.7, "Production Tests" for the corresponding day and weight by the tons the corresponding test represents. Table 2360-25* Payment Schedule for Longitudinal Joint Density SP Non -wear and SP Shoulders 3% Void Pay Factor B Pay Factor C Longitudinal Joint Longitudinal Confined Ede Longitudinal Joint (Unsupported Edge) (Confined Edge) Traffic Level Traffic Level (Unsupported Edge) Traffic Level Traffic Level Density, % 2&3 4&5 Density, % 2&3 4&5 > 93.1 1.02t 1.03 > 92.0 1.021 1.031 92.6-93.0 1.01t 1.021 91.1-91.9 I.Olt 1.021 90,5-92.5 1.00 1.00 89.1-91.0 1.00 1.00 89.5-90.4 0.98 0.98 88.0-89.0 0.98 0.98 88.7-89.4 0.95 0.95 1 87.0-87.9 0.95 0.95 88.0-88.6 0.91 0.91 1 86.0-86.9 0.91 0.91 < 88.5 0.85 0.85 1 < 86.0 0.70 0.85 * The Department will limit incentive payment for longitudinal joint density to lots with evaluated longitudinal joint densities. II Calculate the percent of maximum specific gravity to the nearest tenth. Payment will only apply if the day's weighted average individual production air voids fall within '/2 percent of the target air void value. Base the weighted average air voids on all the mixture production tests in accordance with 2360.2.G.7, "Production Test" for the corresponding day and weight by the tons the corresponding test represents. D.1.r Pay Factor Determination Determine the pay factor in accordance with the following: (1) Case 1: Total Pay Factor = (Pay Factor A) x (Pay Factor B) x (Pay Factor C) (2) Case 2: Total Pay Factor = (Pay Factor A) x (Pay Factor B) x (Pay Factor B) (3) Case 3: Total Pay Factor = (Pay Factor A) x (Pay Factor C) x (Pay Factor C) Where: Pay Factor A = Mat density, Pay Factor B = Confined edge density, Pay Factor C = Unsupported edge density. Page 38 of 43 Use a pay factor of 1.00 for Pay Factor B, Pay Factor C, or both in lots where no cores are taken at the longitudinal joint. D.2 Ordinary Compaction Perform ordinary compaction for the following: (1) Layers identified in the typical sections with a minimum planned thickness less than 11/z in [40 mm], (2) Thin lift leveling, (3) Wedging layers, (4) Patching layers, (5) Driveways, and (6) Areas the Contractor cannot compact with standard highway construction equipment and practices. (7) Bike paths, walking paths, and other similar non -traffic paving areas If using the ordinary compaction method to evaluate density, use a control strip to establish a rolling pattern. Use the rolling pattern to compact the asphalt mixture for the layer on which the control strip is constructed or until constructing a new control strip. The Engineer may waive the control strip requirement in small localized areas or other areas not conducive to its establishment. D.2.a Control Strip Construct a control strip at least 395 sq. yd [330 sq. m] and of the same thickness as the lift the control strip represents at the beginning of the work on each lift of each course. Begin compacting immediately after spreading the mixture. Continue compacting until additional roller coverage does not produce appreciable increase in density. Determine densities by means of a portable nuclear testing device or approved alternate and create a growth curve to determine the optimum rolling pattern. Provide documentation of the growth curve to the Engineer. Roll the remainder of that course in accordance with the pattern developed in the test strip for that roller. Provide a new control strip in accordance with the following: (1) If using a new Aff with a proportion change greater than 10 percent when compared to the currently produced mixture for a single stockpile aggregate, (2) If changing the source of either aggregate or binder, or (3) After 10 days of production. D.2.b Equipment Use rollers that meet the requirements in 2360.3.B.2.e. Use the same equipment type and weight on the remainder of the pavement course that was used to construct the control strip. Provide at least two rollers. Provide a tandem steel wheeled roller for final rolling. The Contractor may use trench rollers or mechanical tampers to compact areas inaccessible to the conventional type rolling equipment. D.2.c Mixture Temperature Refer to Table 2360-26, "Minimum Temperature Control' for the minimum laydown temperatures in all courses of the asphalt mixture as measured behind the paver or spreading machine. Do not pave when the air temperature is less than 32° F [0° C] unless otherwise directed by the Engineer in writing. Page 39 of 43 Table 2360-26* Minimum Temperature Control Air Compacted Mat Thickness, Temperature, =C 1 in 25 mm 1% in 40 mm 2 in 50 mm1 >3 in 75 mm] 32 – 40 0-5 — 265r1291 11 255 r1241 250 121 41 –50 6-10 274 260 127 250 121 245 118 51– 60 11-15 0 255 124 245 118 240 115 61-70 16-21 245 [1181 240 [1151 �]250[A1211 1 235 113 71 – 80 22-271 245 F118 240 [1151 235 1131 235 113 81– 90 [28-321 235 F1131 230 F1101 230 [1101 230 110 >91 r331 230 [1101 230 [1101 230 [1101 225 r1071 * Not applicable if using a Warm Mix Asphalt (WMA) additive or process Use at least one pneumatic -tire roller for intermediate rolling unless otherwise directed by the Engineer. The Engineer may specify or modify the minimum laydown temperature in writing. t Based on the lift thicknesses shown on the plans. D.3 Mat Density Cores (Optional Department Only Core Testing) The Contractor can request all density cores be tested by the Department. The written request should be made at the pre -construction meeting and a written response, from the Department, either approving or denying the request will be made within 5 calendar days from the date of the request. Once approval is granted, Department Only Core Testing will remain in effect for the duration of the project. For multi-year projects, Department core testing will be for that year only. Cores will be tested in either the Department's Field Lab or in the Contractor's Field Lab. The Contractor is permitted to observe and record all weighing of the cores. D.3.a Contractor Coring Responsibilities Obtain two cores in each lot. Take cores of at least 4 in [100 mm] in diameter at locations determined and marked by the Engineer. if the random core location falls on a longitudinal joint, cut the core with the outer edge of the core barrel I ft [0.3 m] away laterally from the edge of the top of the mat. Do not take cores for compacted mat density within I ft [300 mm] of any longitudinal joint. Label samples with the lot number and core number or letter. The Contractor is responsible for maintaining traffic, coring, patching the core holes. Measure each core three times for thickness before saw cutting. Report the average lift thickness to the Engineer. If placing multiple layers in a single day, measure and record lift thickness and then saw and separate cores for each layer. Place and compact mix into the coring hole to restore the surface within 24 h after coring or the Department will fine the Contractor $100 per working day per lot until restored. The Engineer may require additional density lots to isolate areas affected by equipment malfunction, heavy rain, or other factors affecting normal compaction operations. D.3.b Department Testing Responsibilities The Department will take possession of the cores after they have been measured and cut. The Department will test all cores. Density results will be determined by the end day in which the cores were cut provided they are in the Department's possession by 10:00am, otherwise, results will be available the next working day. Test results will be reported on the Core Density Sheet. D.3.c Longitudinal Joint Density Evaluate longitudinal joint density in one lot per day unless the total daily weight is greater than 5,000 ton [5,000 tonne]. If the total daily weight is greater than 5,000 ton [5,000 tonne], evaluate two lots per day. Randomly select the location to take cores for longitudinal joint density from the mat density core locations. Take three cores at this location. Take cores for longitudinal joint density with the outer edge of the core barrel within 6 in [ 150 nun] from the edge of the top of the mat for both sides of the mat. Take one core for mat density at either Page 40 of 43 2 ft [0.61 m] right or 2 ft 10.61 m] left of the center of the mat the Contractor is paving, regardless of random number generation. E Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and torn sections, and shall be smooth and true to the grade and cross section shown on the plans with the following tolerances: Table 2360-26 Surface Requirements Course/Location Description Tolerance Leveling/ I' lift using Tolerance also applies to 1' lift placed other than leveling when ,/z in [15 nun] automatics automatics are used. Wear Tolerance of final 2 lifts from the edge of a 10 foot [3 m /a m [6 mrn] ] straightedge laid parallel to or at right angles to the centerline. Shoulder Wear, Temporary Wear & Tolerance from the edge of a 10 foot [3 m] straightedge laid /4 in [6 mm] parallel to or at right angles to the centerline. b asses Transverse Tolerance from the edge of a 10 foot [3 m] straightedge centered joints/construction longitudinally across the transverse joint. Correction by diamond 1/4 in [6 mm] joints grinding required when directed by the Engineer. Not to vary Transverse Slope Tolerance for surface of each lift exclusive of final shoulder wear. by more than 0.4 /o from lens. No less than the plan distance or more than 3 inches 175 mm] Distance from edge greater than the plan distance. The edge alignment of the wearing See of each lift and lift on tangent sections and on curve sections of 3 degrees or less Description established centerline. can't deviate from the established alignment by more than 1 inch 25 mm in any 25 foot 7.5 m section. Final wear adjacent to After compaction the final lift wear adjacent to concrete See concrete pavements. pavements must be slightly higher but not to exceed 1/4" [6mm] Description than the concrete surface. Final wear adjacent to After compaction the final lift wear adjacent to gutters, manholes, See fixed structures. pavement headers, or other fixed structures must be slightly higher Description but not to exceed 1/4" [6mml than the surface of the structure. Finished surface of Must be free of segregated and open and tom sections and See each lift.* deleterious material. *Excluding tight blade and scratch courses. Description Cut or saw and then remove and replace material placed outside the described limitations at no additional cost to the Department. If the Engineer determines the material can remain in place outside the limits, the Department will pay for the material at a reduced cost of $10 per sq. yd [S 12 per sq. m]. The Department will consider any single occurrence of material outside the limitations to have a minimum dimension of at least 1 sq. yd [I sq. m] in any dimension. In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements. E.1 Lift Thickness After compaction, the thickness of each lift shall be within a tolerance of 1/4 in [6 mm] of the thickness shown on the plans, except that, if automatic grade controls are used, this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic Page 41 of 43 grade controls are required. The Engineer may require removal and replacement of any part of any lift that is constructed to less than the minimum required thickness, at no additional cost to the Department. Measure cores taken for density determination for thickness also. Measure each core three times for thickness before sawing. Report the average of these three measurements. Document each lot's average core thickness and submit to the Engineer. If the average of the two Contractor cores exceed the specified tolerance, an additional two cores may be taken in the lot in question. The Engineer will use the average of all core thickness measurements per day per lift to determine daily compliance with thickness specifications. On that portion of any lift constructed to more than the maximum permissible thickness, the materials used in the excess mixture above that required to construct that portion of the lift to the plan thickness plus '/4 in [6 mm] may be excluded from the pay quantities or at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. F Asphalt Mixture Production (FOB Department Trucks) Produce asphalt mixture for the Department. Load the mixture being produced onto Department famished trucks at the mixing plant at a time agreed on by the Engineer and Contractor. The Engineer will notify the Contractor of the total quantity of mixture required not less than 2 weeks prior to completion of the final wearing course. The Engineer will not accept the asphalt mixture if it is unsuitable for the intended use. G Small Quantity Paving A MDR is not required for planned project quantities less than 9,000 sq. yd inches (4,500 sq. yd per 2 -inch thickness, etc) [191,200 mz mm] or 500 ton [450 tonne]. Verify in writing that the asphalt mixture delivered to the project meets the requirements of Table 3139-3 and Table 2360-7, "Mixture Requirements." The Department will obtain samples, as determined by the Engineer, to verify mixture requirements and to perform material acceptance in accordance with 2360.2.G.14.b, "Isolated Failures at Mixture Start -Up — Production Air Voids," 2360.2 G. 14.c, "Individual Failure — Gradation, Percent Asphalt Binder, Production Air Voids, and Adj. AFT," and 2360.2. G. 141, "Coarse and Fine Aggregate Crushing Failure." 2360.4 METHOD OF MEASUREMENT When paying for material by weight, the Engineer will measure separately asphalt mixture of each type by weight based on the total quantity of material hauled from the mixing plant. The Engineer will not make deductions for the asphalt materials. When paying for material by area, the Engineer will separately measure asphalt mixture of each type and for each specific lift by area and by thickness on the basis of actual final dimensions placed. 2360.5 BASIS OF PAYMENT The contract unit price for asphalt mixture used in each course includes the cost of constructing the asphalt surfacing and providing and incorporating asphalt binder, mineral filler, hydrated lime. Anti -stripping additives may be permitted or required as indicated in 2360.2.C. The Department will pay for additives required by the contract at the relevant contract unit price for the mixture. The Department will pay for additives incorporated as directed by the Engineer as extra work in accordance with 1403, "Extra Work." The Department will apply reduced payment if the mixture includes steel slag as one of the aggregate proportions and the production lab density at the design gyrations at the recommended or established asphalt content is greater than 160 lb per cu. ft [2,565 kg per cu. m]. The Department will pay for the mixture at the contract unit price, calculated as follows: Page 42 of 43 %Payment = 100— (100x ( production _ density _ at _ design _ gyrations —160) 160 %Payment= 100—(100x (production density_ at_ design _gyrations — 2,565) 2,565 } If the plans do not show a contract pay item for shoulder surfacing and other special construction, the Department will include payment for the quantities of material used for these purposes in the payment for the wearing course materials. Complete yield checks and monitor thickness determinations to construct the work as shown on the plans. Use the tolerances for lift thickness in accordance with 2360.3.E, "Surface Requirements" and surface smoothness requirements in accordance with 2399 for occasional variations and not for continuous over -running or under -running, unless otherwise required by the Engineer. The contract unit price for asphalt mixture production includes the cost of the material and loading onto Department -provided trucks at the mixing plant. Item No.: Item: The Department will pay for plant mixed asphalt pavement on the basis of the following schedule: Unit: 2360.501 Type SP* Wearing Course Mixture tt ton [metric ton] 2360.502 Type SP* Non -Wearing Course Mixture ton [metric ton] 2360.503 Type SP Course Mixture f$# in [mm] thick, square yard [square meter] 2360.504 Type SP* Course Mixture t$ square yard [square meter] 2360.505 Type SP * Bituminous Mixture for Specified Purpose ton [metric ton] 2360.506 Type SP * Bituminous Mixture Production ton [metric ton] * Aggregate size Designation, 9.5, 12.5 or 19 as appropriate, see 2360.LA.3. II "Wearing" or "Non Wearing" as appropriate. t Traffic level in accordance with Table 2360-1, "Traffic Levels." $ AC binder grade designation (Table 2360-2). # Lift thickness shown on the plans. Page 43 of 43 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 3123 00 Excavation and Fill. 2. Section 3123 13 - Subgrade Preparation. 3. Section 32 12 01 - Flexible Paving (Municipal Paving). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4" Concrete Sidewalk has been included in the Bid Form. Measurement shall be on the basis of in-place square feet a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of onsite reclaimed base aggregate material. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Reinforcement. 8) Backfilling. b. Excavation for concrete sidewalk shall be incidental to the removal of the existing sidewalk. c. Aggregate base beneath concrete sidewalk shall be the reclaimed aggregate base material and is incidental to this Bid Item. 2. A Bid Item has been provided for 6" Thick Concrete Walk for Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of ramp actually constructed a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be incidental to the removal of the existing sidewalk. d. Aggregate base beneath concrete pedestrian ramp shall be the reclaimed aggregate base material and is incidental to this Bid Item. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2014 Stantec ! 193802856 321314-1 3. A Bid Item has been provided for the Truncated Dome Panel, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Panel actually constructed. a. Payment shall include the foliowing: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 Preformed Joint Filers. 6. 3754 — AMS Membrane Curing Compound. 1.04 SUBMITTALS A. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. PART 2 PRODUCTS CTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer 3. Mix Designation and Classification a. Sidewalk 1) Manual Placement Mix No. 3A32A. 2) Slip Form Placement Mix No. 3A22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS c0 2014 Stantec 1193802856 321314-2 C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 3123 00. 2. Aggregated Base: Conforming to Section 32 1123. E. Truncated Dome Panels: Approved products 1. East Jordan Iron Works — Cast Iron Coated — Yellow. 2, Neenah Foundry Company . Cast Iron Coated — Yellow. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Construct concrete curb ramp to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. H. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the reclaimed aggregate base material to support the concrete work shall conform to Section 32 1123 or Section 3123 13. Compaction of subgrade base shall conform to MnDOT Spec. 2211.30. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.36. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2014 Stantec 1 193802856 321314-3 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C1 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. B. Pedestrian Curb Ramp - Truncated Dome 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2, Truncated dome panels shall be placed (wet set) on a minimum of 6 -inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7036F for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 -inch in width. 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing Method), except as modified herein 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.30a blanket curing method, except as modified below; a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2014 Stantec 1 193802856 321314-4 3.07 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2014 Stantec 1 193802856 321314-5 SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 01 Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Striping, Point a. Payment shall be by Lump Sum. No measurement will be performed. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3354 - Preformed Plastic Markings for Permanent Traffic Lane Delineation and Legends. 3. 3590 - Epoxy Resin Pavement Markings. 4. 3591 - High Solids Water Based Traffic Paint. 5. 3592 - Drop -On Glass Beads. 6. Improved Patterned Polymer Pavement Marking Tope for Lines and Selected Symbols and Legends. 7. High Durability Preformed Pavement Markings. 8. The Application Specification for Conventional Pavement Marking Materials, 9. 3 -Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. None 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Point 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. © 2014 StantPr. ; 193AWASA PAVEMENT MARKINGS 321723-1 b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color -Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3 -Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color- Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Stainless steel components in the delivery system required for water-based materials. PART 3 PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. 3.03 PREPARATION A. Locations a. Match existing stripe locations removed by the utility trench. b. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. B. Street Surface i . Engineer may direct cleaning of surface as necessary immediately prior to marking application. a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 0 2014 Stantec 1 193802856 321723-2 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 -inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3, Painted lines on the bituminous wearing course shall be applied twice. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. if removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. 0 2014 Stantec 1 193802856 32 1723-3 F Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION PAVEMENT MARKINGS © 2014 Stantec 1193802855 321723-4 SECTION 32 92 00 TURF AND GRASSES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Hydroseed With Mulch. Measurement will be based on Square Yards. No additional payment shall be made for temporary seed, or additional applications to establish permanent seed. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote. .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance - Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. TURF AND GRASSES 0 2014 Stantec ; 193802856 329200-1 1. The establishment period for seeded areas is I year. .06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL A. Topsoil Borrow Conforming to MnDOT Spec. 3877. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SEED: A. Conform to MnDOT Spec. 3876. B. Lawns: MnDOT Mixture 270. 2.04 MULCH: Conform to Section 01 57 13. 2.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and TURF AND GRASSES 0 2014 Stantec 1 193802856 329200-2 in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or of her approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.313. C. Fertilizers and Conditioners 1. Conform to MnDOT Spec. 2575.3C. 2. Apply fertilizer at a rate of 400 lbs. per acre (9.2 Ibs./1,000 sq. ft.). 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. 3.05 MULCH: Conform to Section 01 57 13. 3.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 57 13. 3.07 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual - Maintenance Requirements for year 1. 3.08 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period (s), a final inspection of plantings) will be made to determine the conditions of areas specified for landscaping. TURF AND GRASSES © 2074 Stantec 193802856 329200-3 C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION 0 2014 Stantec 1193802856 329200-4 SECTION 33 05 05 TRENCHING AND BACKFILLING PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 31 00 - Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 6 -inch layer placed below pipe bedding, not including the first 6 inches a. For example, say 2 feet of foundation material is required under a pipe installed with C-2 bedding. Because 6 inches of material is required for Class C-2 pipe bedding (and therefore incidental), payment will be made for 3 lineal feet of pipe foundation material, 6 inches deep per foot of pipe installed. b. No payment will be made without the knowledge or consent of the Engineer. c. No payment will be made for subgrade rock installed for de -watering purposes only, unless specified. d. No payment will be made for disposing of excavated material off Site that has been created by placement of improved pipe foundation. 4. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 5. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 6. Dewatering is considered incidental. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. TRENCHING AND BACKFILLING © 2014 Stantec 1 193802856 330505-1 American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 3300: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. TRENCHING AND BACKFILLING © 2014 Stantec 193802856 330505-2 C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe. 1. Comply with MnDOT Spec. 3149.2B1 for granular borrow. a. Noon the Site granular material encountered during construction maybe used. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified. 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have or more crushed faces. 2.03 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks. anti other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. TRENCHING AND BACKFILLING ® 2014 Stantec 193802856 330505-3 C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 -Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control I . Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. TRENCHING AND BACKFILLING © 2014 5tantec 1 193802856 330505-4 D. Trench Bottom Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material. a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level T foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. TRENCHING AND BACKFILLING 0 2014 Stantec 1 193802656 330505-5 C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING 0 2014 Stantec 1 193802856 330505-6 SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL .01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 33 39 00 - Sanitary Utility Sewer Structures. 1.02 PRICE AND PAYMENT PROCEDURES A, Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. No additional payment will be made for interim adjustments. Costs for additional adjustments should be included in the Bid Item for providing and installing the casting. 2. Adjust Valve Box: Adjustment of existing valve boxes shall be per each, and shall only be paid as one time prior to wear course paving. 3. Adjust Frame and Ring Casting: A Bid Item has not been provided for Adjust Frame and Ring Casting. a. For new manholes, the adjustment of the manhole frame and ring castings to the top of bituminous non -wearing course is considered incidental to the installation of the new manhole and includes all interim adjustments during construction. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 -Specification for Heat -Resisting Chromium Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 -Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 -Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 -Specification for Portland Cement (Concrete Rings/Mortar). 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. ADJUST MISCELLANEOUS STRUCTURES 0 2014 Stantec 1 193802856 3305 17 - 1 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. High -Density Polyethylene (HDPE) 1. Molded high-density polyethylene conforming to ASTM D1248. B. Manhole Adjusting Ring 1. Neenah R-1979 Series, non -rocking application. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Sealant (For HDPE Rings) 1. DOW 999 - A building caulking and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. C. Manhole Adjusting Ring 1. As recommended by manufacturer. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cost iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Covers with 2 concealed pick holes of approved design. ADJUST MISCELLANEOUS STRUCTURES 0 2014 Stantec 193802856 330517-2 6. Type and Style: Per city's standard details shown on Drawings. a. Manhole (Storm or Sanitary) Castings: shall be Neenah RI 642B. b. All manhole covers shall be stamped appropriately with "SANITARY SEWER" or "STORM SEWER". Use 2 inch letters. 2.04 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. B. Conform to City's standard details as shown in Drawings. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Dry set the rings and casting prior to installation. 3. Install adhesive for adiustina rinas as oer the followina: Location of Sealant Type of Sealant Between costing and last ring: Minimum of two -1 /2 -inch beads of DOW 999 Between intermediate rings: 1/2 -inch bead of DOW 999 Between cone/top slab and first ring: I Minimum of two - 1/2 -inch bead of DOW 999 4. Sealant to be placed around entire circumference of each unit with no gaps. 5. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 6. No shims of any material may be used. 7. No mortar may be used with HDPE rings. ADJUST MISCELLANEOUS STRUCTURES 02014 Stantec 193802856 330517-3 8. Minimum of 2, maximum of 5 rings allowed. Maximum 12 -inches of adjustment is allowed. 9. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18 inches of the cone. 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box. Contractor will be required to vacuum out or remove and reset any valve box that contains debris. C. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. D. Install approved sections as needed. E. Patch road to match existing pavement section. 3.05 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with costings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the some grade. D. Adjust frame upward with standard concrete adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1 /2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES © 2014 Stantec 1 193802856 330517-4 SECTION 33 08 30 COMMISSIONING OF SANITARY SEWER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Testing of sanitary sewer pipe, manholes, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 3100 - Sanitary Utility Sewer Piping. 2. Section 33 3114 - Sanitary Sewer Services. 3. Section 33 39 00 Sanitary Utility Sewer Structures. 1.02 PRICE AND PAYMENT A. Measurement and Payment 1. Televise Sanitary Sewer: Measurement will be per lineal foot. Payment shall include cleaning lines, televising, providing water for determining sags, reports, videos, photos and other documentation and incidentals to complete the televising as specified. Televising shall typically start and end at manholes. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C924 - Standard Practice for Testing Concrete Pipe Sewer Line by Low -Pressure Air Test Method. 2. C969 - Standard Practice for Infiltration and Exfrltration Testing of Installed Precast Concrete Pipe Sewer Lines. 3. C1103 - Standard Practice for Joint Acceptance Testing of Installed Precast Concrete Pipe Sewer Line. 4. C1244 - Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure. 5. F1417 - Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines using Low -Pressure Air. iKIT. u1is��1�� A. Submit the following items consistent with Section 0133 00: 1. Proposed field testing methods. 2. Results of field testing. 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. 4. 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 Owner's pipe identification number. The identification number for each section of pipe shall be provided to the Contractor prior to televising. 5. Identification Spreadsheet: Provide in Microsoft excel format with the Owner's pipe identification number for the pipes that were cleaned and lined. Individual televising reports, COMMISSIONING OF SANITARY SEWER UTILITIES © 2014 Stantec . 193802856 33 08 30 -1 images, and video must correspond to the pipe id. A sample spreadsheet can be provided by the Engineer upon request. 6. Any images taken must be provided to the Owner in jpeg format or a format that is approved on by the Owner. 7. Reports and video shall be provided for each televising inspection. PART PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Commence test procedures only when pipe and structures are clean and free of dirt, water, or other foreign matter, and for buried pipe, trench has been backfilled. 3.02 FIELD QUALITY CONTROL A. Engineer will observe all tests and visually inspect the Work for compliance. B. Contractor shall provide all material, equipment, and labor required to test the sanitary sewer systems. C. Gravity Pipe Leak Testing 1. General a. Test all systems (pipe and structures) for leakage before being put in service. Notify Engineer of the date and time for each test 1 day prior to actual testing. Test in section length increments deemed necessary by the Engineer. b. Test each section by 1 of the following methods. c. Individual segments MH to MH pipe runs must be tested and accepted by the Engineer prior to starting construction of the next pipe run. 2. Low Pressure Air Test a. Diameter: Less than or equal to 24 inches. b. Must meet criteria set forth in ASTM F1417. c. Groundwater level shall be no higher than 2 feet above the top of pipe at upstream end. d. Acceptable time for loss of 0.5 psig of air pressure shall be the larger of the 2 times below: Pipe Size Min. Tim Min's Time (s/ft of pipe) 8 3:50 0.760 10 4:40 1.187 12 5:40 1.709 15 7:05 2.671 18 8:30 3.846 21 9:55 5.235 24 11:20 6.837 e. Requirement may be waved for reconstruction projects where reconnection of active sewer services prevents testing with permission from Owner. COMMISSIONING OF SANITARY SEWER UTILITIES © 2014 Stantec , 193802856 330830-2 D. Gravity Pipe Deflection Testing 1. Required for all flexible pipe (PVC or HDPE). 2. Deflection Testing Methods a. Pipe Diameters Through 24 Inches: Pull mandrel through the pipe by hand (without aid of mechanical pulling devices). 3. Deflection testing shall be conducted at least 30 days after the pipe has been backfilled to the desired finish grade on all direct bury flexible pipe. 4. 5 -percent deflection allowance. 5. Mandrel Diameter Requirements a. Diameter equal to 95 percent of the base inside diameter noted in Appendix XI of ASTM D3034 for PSM PVC pipe (SDR pipe) and calculated from Appendix X2 of ASTM F-679 for PS 46 or 115 pipe. b. For all other pipe, the minimum diameter shall be equal to 95 percent of the Average Internal Diameter of the pipe as specified below: 1) Average Internal Diameter = (Average Outside Diameter) minus [2 by 1.06 by (Minimum Pipe Wall Thickness)]. 2) The Average Outside Diameter will be based on applicable ASTM or AWWA Standard. 3) No adjustments to the Average Internal Diameter will be allowed for out -of -roundness, diameter variation, or thickness variation due to manufacture, shipping, and handling. c. Mandrel shall be constructed of rigid steel, be non-adjustable, and have an odd number of legs (9 legs minimum). Its effective length shall not be less than its nominal diameter. 6. Deflection Template/Bar Requirements a. The circular template diameter (or rigid bar length) shall be equal to the mandrel diameter requirements as determined above. b. Circular templates shall be constructed of rigid materials and be non-adjustable. c. Rigid bars shall have a 1 inch diameter circular section, be constructed of steel, and be non-adjustable. 3.03 REQUIREMENTS FOR TEST FAILURES A, Pressure or Leak Test Failure 1. Repair piping as necessary to conform to product requirements. 2. All repair work shall be subject to approval by the Engineer. 3. Chemical type sealants added to the test water will not be permitted. 4. The Engineer may require removal and replacement of pipe in failed test sections. 5. The cost of replacement, repair, and re -testing of failed pipe sections shall be borne by the Contractor. B. Deflection Test Failure 1. Unless otherwise permitted by the Engineer, any over deflected pipe shall be uncovered, and if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the Site. 3.04 SANITARY SEWER CLOSED CIRCUIT TELEVISION INSPECTION A. General 1. Televising shall be performed on all newly constructed gravity sanitary sewer lines after successful leak testing has been completed and accepted. 2. The sewer contractor shall assist with providing access to all sanitary sewer lines after successful leak and deflection testing has been completed and accepted. 3. Format — The video will be submitted in a DVD format with both audio and video. COMMISSIONING OF SANITARY SEWER UTILITIES © 2014 Stantec 1 193802856 330830-3 4. 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. 5. Rate — The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH-#, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), Wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine starting and ending doghouses for quality of mortar work. 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 sags 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 east, west, north or south. 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. 2. Comments and corrections will be noted and submitted to the Contractor for immediate correction. F. Defects 1. Any defect, faulty joints, cracked pipe, or other deficiency noted by the television inspection shall be immediately corrected by the Contractor. A plan for repair shall be presented to and approved by the Owner prior to the repair occurring. 2. Repairs shall be approved by Engineer prior to re -televising. COMMISSIONING OF SANUARY SEWER Ul'ILITIES © 2014 Stantec 1193802856 330830-4 3. The repaired segment shall then be re -televised from manhole to manhole in accordance with section 3.04,F, and submit a report within 7 days. No additional compensation shall be awarded for re -televising any repairs or defects in the lines. END OF SECTION COMMISSIONING OF SANITARY SEWER UTILITIES pc 2014 Stantec 1193802856 330830-5 SECTION 33 12 12 WATER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Construction of water service pipe and all appurtenances. B. Related Sections I . Section 33 05 05 -- Trenching and Backfilling. .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Reconnect Water Service - 6" DIP. Measurement shall be by each service reconnected. Payment shall be compensation for furnishing and installing all fittings, pipe, excavation, testing, and backfilling of service. 2. A Bid item has been provided for reconnect Water Service - 3/4" to 1 ". Measurement shall be by each service reconnected regardless if it is a 3/4" or 1 " water service. Payment shall be compensation for furnishing and installing all fittings, pipe, excavation, testing, and backfilling of service. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. B88 - Class K Copper Water Service Pipe. 2. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 3. A536 - Standard Specification for Ductile Iron Castings. 4. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. American Water Works Association (AWWA) 1. C104 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings. 2. C 116 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. 3. C150 - Ductile -Iron Pipe, Centrifugally Cast. 4. C151 - Standard for Ductile -Iron Pipe, Centrifugally Cast. 5. C153 - Standard for Ductile -Iron Compact Fittings. 6. C600 - Installation of Ductile -Iron Water Main and Their Appurtenances. 7. C651 -Disinfecting Water Mains. 8. C105 - American National Standard for Polyethylene Encasement for Ductile Iron Pipe Systems. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 01 33 00: WATER SERVICES 0 2014 Stantec 193802856 331212-1 1. Pipe and fittings. 1.05 SEQUENCING AND SCHEDULING A. Install sanitary sewer and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: 3/4 inch through 2 inches for buried service shall be seamless, Type K water tube conforming to ASTM B88. Service tubing larger than 1 inch shall be rigid Type K and joined using soldered joints. 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and/or flaring. 2.02 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51 . B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C111 /A21.1 latest revision, mechanical joint or push -on: 1. All fittings shall be fusion bonded epoxy coated per ANSI/AWWA C1 16/A21. 2.03 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI/AWWA C111 /A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 10 (by Metal Coating Corp.); NSS Industries Cor -Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. 2.04 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 2.05 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe. 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies coating. 0 2014 Stantec 1 193802856 a. Fusion bonded epoxy per ANSI/AWWA C1 16/A2. b. Xylan fluoropolymer coating such as MEGA-BONDTm by EBAA Iron, Star -Bond by Star Pipe, or approved equal. B. Tie Rods: 3/4 inch diameter rods stainless steel or fusion bonded epoxy coated. 2.06 TRANSITION FfTTINGS A. Brass compression fittings. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Reconnect Existing Service 1. Cut section of service within the sanitary sewer trench limits. 2. Splice in replacement pipe after sanitary sewer installation. E. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Pressure Testing: all service connections shall be visually inspected under normal operating pressure prior to backfilling. END OF SECTION ® 2014 Stantec 1193802856 WATER SERVICES 331212-3 SECTION 33 31 00 SANITARY UTILITY SEWER PIPING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer gravity pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 31 14 - Sanitary Sewer Services. 4. Section 33 39 00 -Sanitary Utility Sewer Structures, 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Bid Items have been provided for Sanitary Sewer Pipe. Measurement will be based upon units of lineal feet for each size, type for furnishing and installing pipe complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline to centerline of manholes or to the connection point of the existing pipe. a. PVC pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. A Bid Item has been provided for Connect Existing Sanitary Sewer Pipe to Manhole. Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection to existing sanitary sewer pipes and services. 3. Bid Items have been provided for Wyes. Measurement will be based on units of each for each wye or tee branch of each diameter and classification furnished and installed complete in place. 4. Bid Items have been provided for Plug. Measurement will be based on units of each for each plug of each diameter and classification furnished and installed complete in place. 5. Dewatering Is anticipated and shall be considered incidental to this Bid Item. 6. Bypass pumping is considered incidental. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 4. D3212 - Specification for Joints fnr Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. SANITARY UTILITY SEWER PIPING © 2014 Stantec 1938028.56 3331 00-1 5. D3262 - Specification for Fiberglass (Gia ss -Fiber -Reinforced Thermosetting -Resin) Sewer Pipe. 6. D4161 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals. 7. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 8. F679 - Specification for Poly (Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings. 9. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based On Controlled Inside Diameter. 10. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. American Water Works Association (AWWA) 1. AWWA C105 - American National Standard for Polyethylene Encasement for Ductile - Iron Pipe Systems. 2. AWWA C111 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 3. AWWA C116 - American National Standard for Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. 4. AWWA C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 5. AWWA C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 6. AWWA C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, For Water Distribution. 7. AWWA C905 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, For Water Transmission and Distribution. 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 2. Transition couplings. 1.06 SEQUENCING AND SCHEDULING A. Do not pursue Work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to determine the extent of conflict, if any. C. Successfully complete required inspections and testing before restoration of surface. 0 2014 5tantec 1 193802856 PART 2 PRODUCTS 2.01 SOLID WALL PVC PIPE A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter) I . General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell Basketed joint and a minimum wall thickness conforming to SDR 26 or 35 as shown on the Drawings. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform to ASTM D3034. 2.02 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C 1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION 3.01 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. By -Pass Pumping: Contractor shall be responsible for all items required to maintain sewer flows during construction of the new sanitary sewer line. All Work and costs for this are considered incidental to the Project, unless otherwise specified. C. Erosion control and dewatering in conformance with Section 01 57 13. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 33 05 05. Install pipe to the alignment, grade, and location as shown on the Drawings and/or staked in the field. No deviation from the Drawings and/or staked alignment, grade, or location is allowed. Tolerances measured along pipe centerlines or invert as follows: 1. Horizontal: Within 0.50 feet of alignment shown. 2. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. 3. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. C. Maintain reference line and grade with laser equipment or other equipment approved by the Engineer. Periodically check equipment for adjustment and accuracy. Correct deficiencies in equipment, reference line, and reference grade. Take precautions to prevent deflections in reference line and grade. SANITARY UTILITY SEWER PIPING © 2014 Stantec 1193802856 3331 00-3 D. Non -Conforming Pipe Installation: Remove and reinstall. E. Inspect pipe for defects and cracks while suspended immediately prior to installation. F. Install pipe from lower to higher invert elevation with uniform and smooth invert line. G. Install pipe length spigot ends pointing in the direction of flow. H. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. I. Jointing 1. in conformance with recommendations of manufacturers of pipe and joint material. 2. All joints must be watertight. 3. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. J. Cleaning and Protection 1. Remove all dirt and debris from the interior of each pipe length as the Work progresses. 2. Protect the exposed end of the pipe with temporary covers or plugs. 3. Protect in place pipe from damage and dislocation. K. Flexible Pipe Installation: Conform to ASTM D2321 L. Sanitary Sewer Service Connections 1. Wye a. Wye to be at 45 -degree angle from horizontal. Minor deviations may be required to match elevation of the existing service pipe. b. All existing wye sections included in pipe removal and replacement areas shall be replaced. No reinstallation will be allowed. M. Installation of Insulation 1. Insulation over pipe in locations as shown on the Drawings. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm structure or line, or within 5 feet of the ground surface. 3.03 CONNECT TO EXISTING SYSTEM A. Connect to Existing VCP or PVC Pipe. 1. Expose existing sanitary sewer main at location as staked by Engineer. 2. Saw cut existing main to provide a straight joint at connection. 3. Connect new pipe to existing pipe with a transition coupling: [Generally best to connect differing types of pipe within a manhole. The following two bullets are client specific and sometimes used by clients - particularly those who don't specify a coupling with a shear ring] a. Place 1 -inch to 2 -inch clear rock around the connect to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. b. Concrete collars will not be allowed. 3.04 MANHOLE INSTALLATION A. Conform to the requirements of Section 33 39 00. SANITARY UTILITY SEWER PIPING © 2014 Stantec 1 193802856 3331 00-4 3.05 FIELD QUALITY CONTROL A. Testing in conformance with requirements of Section 33 08 30. B. Re -test after corrective measures are completed. C. Cleanup 1. Cleaning Ripe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system. Jetting may be required. 3. Complete prior to final inspection for acceptance. END OF SECTION SANITARY UTILITY SEWER PIPING 0 2014 Stantec 1 193802856 3331 00-5 SECTION 33 31 14 SANITARY SEWER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer service pipe replacement and all appurtenances. B. Related Sections 1. Section 33 05 05 Trenching and Backfilling. 2. Section 33 31 00 Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Service Pipe. Measurement will be by linear foot for each size and type of pipe installed as measured along the axis of the pipe with no regard to intervening fittings. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, pipe, bedding, backfill, and trench compaction. 2. No Bid Items have been included for service plugs or marking service ends. Payment for these items shall be included in the lineal foot price for Service Pipe. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C1173 -Specifications for Flexible Transition Couplings for Underground Piping Systems. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D 1785 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 4. D2564 - Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 5. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 6. D2672 - Specification for Joints for IPS PVC Pipe Using Solvent Cement. 7. D2855 - Standard Practice for Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 8. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 10. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. SANITARY SEWER SERVICES 02014 Stantec 1 193802856 3331 14-1 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the construction of sanitary sewer services in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the some quality of Work be received on the house services in the way of grade and alignment, and shall be required on the main lines and laterals. 1.05 SUBMITTALS A. Submit the following items consistent with Section 01 3300: Product data for the following items: a. Pipe and fittings. b. Transition couplings. B. Service Risers: Location of riser, including distance along sewer main from downstream manhole and offset distance from sewer main centerline. C. Services: Location of wye from downstream manhole, length of service lines, and depth. 1.06 SITE CONDITIONS A. All Work must be confided to within the limits of construction easements or public right-of- way. B. Verify sanitary sewer service locations prior to the start of any construction. 1.07 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 MANUFACTURED UNITS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 2.02 BEDDING MATERIAL A. See Section 33 05 05. © 2014 Stantec 193802856 3331 14-2 PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances which may apply. B. Risers: Support attachment to sewer main wye as shown on Drawings. C. Minimum 1/4 inch per foot (2 percent) grade, unless otherwise directed by the Engineer. D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 33 31 00. E. The installation of solvent cemented joints shall be in accordance with ASTM D2855. F. Terminate 5 feet past property line or as shown on Drawings. G. All proposed service line locations are shown on the Drawings. H. Record Actual Depth and Station at End of Service 1. Exercise care in determining the depth. 2. The depth recording is incorporated into the "Record Drawings." I. Plug ends with plug and necessary blocking. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Low pressure air and infiltration testing shall conform to Section 33 08 30 and be performed prior to existing service reconnection (where applicable). C. Tracer Wire Testing: Demonstrate the electrical continuity of the tracer wire. 3.03 PROTECTION A. Mark end of new service with a wooden 2 inches by 2 inches by "variable" marker 1. Extend 6 inches below and adjacent to the plug. Extend 1 feet above the ground line. 2. Continuous without any breaks. 3. Vertical or plumb. END OF SECTION SANITARY SEWER SERVICES ® 2014 Stantec 193802856 3331 14-3 SECTION 33 39 00 SANITARY UTILITY SEWER STRUCTURES PART 1 GENERAL 1901 WIMMARVAT01 Wil A. Section Includes 1. Sanitary sewer manholes and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2, Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 4. Section 33 31 00 - Sanitary Utility Sewer Piping. 5. Section 33 31 14 - Sanitary Sewer Services. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Refer to Section 33 31 00 for gravity sewer pipe pay items. 2. Bid Items have been provided for Sanitary Sewer Manhole. Measurement will be based on the diameter of the manhole at the depths shown on the plans. Payment will include the manhole, manhole frame and casting, and adjusting rings in place as specified on the Drawings. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 2. C 139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 3. C 150 - Specification for Portland Cement. 4. C443 - Specification for Joints for concrete Pipe and Manholes, Using Rubber Gaskets. 5. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 6. C 923 - Specification for Resilient connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals. 1.04 SITE CONDITIONS A. Manhole locations are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. SANITARY UTILITY SEWER STRUCTURES © 2014 Starntec 193sDMSA 333900-1 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Gaskets. 2. Joint sealants. 3. Manufacturers recommended installation procedures for jointing. 4. Plastic liner materials. Submit shop drawings for the following items consistent with Section 01 33 00: 1. Manholes, including reinforcing, joints, pipe connections, and castings. 2. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: a. Plans and elevations locating and defining all material furnished by manufacturers. b. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items consistent with Section 01 33 00: 1. Castings. 2. Precast maintenance hole sections and steps. 1.06 QUALITY ASSURANCE A. The quality of all materials, the process of manufacture, and the finished sections shall be subject to inspection and approval by the Engineer or other representative of the Owner. Such inspection may be made at the place of manufacture or on the Work after delivery, or at both places and the materials shall be subject to rejection at any time on account of failure to meet any of the requirements specified herein. Material rejected after delivery to the Site shall be marked for identification and shall be removed from the Site at once. All materials which have been damaged after delivery will be rejected and if already installed shall be removed and replaced entirely at the Contractor's expense. B. At the time of inspection, the materials will be carefully examined for compliance with the appropriate ASTM Standard and this Section and with the approved manufacturer's drawings. All precast manhole sections shall be inspected for general appearance, dimension, "scratch -strength," blisters, cracks, roughness, soundness, etc. The surface shall be dense and close -textured. C. Manhole Design 1. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. 2. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soli borings, unless noted otherwise on the Drawings. 3. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. SANITARY UTILITY SEWER STRUCTURES © 2014 Stantec 1 193802856 333900-2 D. In Plant Certification of Manholes and Manhole Joints for Water Tightness 1. All manholes used on this Project shall be tested according to the following procedures and meet or exceed the specified requirements. All procedures are located in the American Concrete Pipe Association Cast Plant Certification Manual v3.0 (www.concrete-pipe.org/gcast.htm) in the referenced sections. 2. Vacuum test according to Section IV, Appendix A using the test requirements for the leakage rate of 0.003 CFM per square foot of internal surface area a. All sections and monolithic bottoms shall be tested. Eccentric cones are exempt from testing. b. Mark passing tested sections with VT P (P for passing) and section ID corresponding to testing report. c. Manholes delivered to the Site without testing and positive marking will be rejected or its Bid Unit Price reduced 15 percent at the discretion of the Engineer. The foregoing Bid Unit Price reduction is cumulative to any and all other reductions available, including the reduction under Section 3 below. d. Vacuum test results shall be submitted within 2 weeks of product delivery. Payment for product will be withheld until receipt of test results. 3. Pipe spigot inspection 100 percent according to Section IV, Appendix A a. Mark passing tested section with GNGP for passing. b. Manholes delivered to the Site without testing and positive marking will be rejected or its Bid Unit Price reduced 5 percent at the discretion of the Owner. The foregoing Bid Unit Price reduction is cumulative to any and all other reductions available, including the reduction under Section 2 above. PART 2 PRODUCTS 2.01 COMPONENTS A. Manholes 1. Precast concrete sections conforming to ASTM C478 and this Section. Lift holes penetrating through the interior wall are NOT permitted. a. All sections shall be cured by an approved method and shall not be shipped nor subjected to loading until the concrete compressive strength has attained 3,000 psi and not before 5 days after fabrication and/or repair, whichever is longer. b. The date of manufacture and the name and trademark of the manufacture shall be clearly marked on the inside of each precast section. 2. Joints: Rubber gasketed joint forming a water tight seal conforming to ASTM C443. 3. Water Tight Pipe Connections a. Conform to ASTM C923 for connections between maintenance hole structures and pipes 1) Positive Mechanical Seal a) Required for 24 inches diameter and smaller pipe. b) Kor-N-Seal , PSX, or equal. 2) Integrally Cast Gasket a) Greater than 24 inches diameter pipe. b) A -Lok X -Cel, or equal. b. As shown on the Drawings. B. Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. SANITARY UTILITY SEWER STRUCTURES 0 2014 Stantec 1193802856 333900-3 C. Structure Bases 1. Pre -cast integral with bottom section of manhole for all structures 8 foot inside diameter and smaller. All structures supplied smaller than 8 foot inside diameter shall also have pre -cast inverts installed. D. Castings: See Section 33 05 17 2.02 ACCESSORIES A. Joint Sealers 1. Sealer between upper precast section and casting frame and between all precast sections. a. Thickness: 1 inch wide by 3/8 inch thick (minimum). b. High quality, non -hardening, butyl rubber, 98 -percent solids that will not harden, shrink or oxidize. c. Ram-nek, or approved equal. B. Mortar 1. Grout a. Cement and fine aggregate as specified for concrete. b. Mix Proportion: 1 -part Portland cement, 2 -parts sand, by weight. c. Woter/Cement Ratio: 0.50 +/- 0.05. d. Non - Setting by prolonged mixing. e. Mix TO minutes in a power mixer. f. Slump: 6 inches +/- 1 inch. 2. Non -Shrink Grout - Minimum compressive strength of 3,000 psi. C. Adjusting Rings: Conform to Section 33 05 17. PART 3 EXECUTION 3.01 TRANSPORTATION A. Transport precast units by rail or truck in a manner to avoid excessive stress or strain on units. B. Support units during hauling and stockpiling with sufficient hardwood shores to prevent cracking and spalling. Secure units in place to prevent shifting or undesired movements. Location of temporary supports shall be as directed by precast manufacturer. 3.02 MANHOLE INSTALLATION A. Excavation and Preparation of Trench: Conform to Section 02320. B. Place pre -cast integral base section on compacted subgrade and bedding for structures 6 feet diameter and smaller. Pre -cast base slabs may be installed independently of the structure for those greater then 6 feet. C. Set pre -cast concrete sections plumb with a 1/4 inch maximum out of plumb tolerance allowed. Seal all'joints of pre -cast sections with a combination a rubber o -ring set in a recess and a Ram-nek preformed joint sealer in sufficient quantity to fill 75 percent of the joint depth. SANITARY UTILITY SEWER STRUCTURES © 2014 Stantec 1 193802856 333900-4 D. Repair the inside of any leaking joint by chemical injection or other approved material to the satisfaction of the Engineer. E. Casting Adjustment 1. Conform to Section 33 05 17. 2. Seal joint at the casting frame seat with 2 rows of joint sealer. F Steps 1. Set the centerline of each step within each maintenance hole to be within 2 inches of the vertical centerline for the group of steps. 2. Offset step centerline from pipe and drop openings. 3. Install top step at a maximum of 20 inches below top of casting. G. Prevent entrance of dirt and debris from all new and existing manholes. 3.03 FIELD QUALITY CONTROL A. After successful completion of leak testing in accordance with the provisions of Section 33 08 30, all surfaces covered with lining, including welds, shall be tested with an approved Holiday Detector (Tinker & Rasor Model AP -W) with the instrument set between 18,000 and 22,000 volts. 3.04 CLEANING A. All new manholes shall be thoroughly cleaned of all silt, debris, and foreign matter of any kind prior to final inspection. END OF SECTION SANITARY UTILITY SEWER STRUCTURES © 2014 Stan+ar I 19ARn2R.S,/ 333900-5 October 14,2014 Adam Martinson Stantec Inc. Re: Xylon Ave Sanitary Sewer Improvements delays due to Xcel Energy. Adam, It is Eureka's position that the schedule provided at the preconstruction meeting and the answers provided concerning our schedule left no doubt as to when the Xcel utility lines would need to be de -energized. We have showed good faith efforts in working with the utility companies on this project. Eureka is reserving the right to submit a claim for costs incurred due to delays caused by Xcel Energy. Sincerely, Mike Derr 20141 Icenic Trl Lakeville, MN 55044 Tel. (952) 469-5685 Fax (952) 469-5228 COUNCII Request for Action Originating Department Approved for Agenda Agenda Section Public Works March 9, 2015 Consent Item No. By: Bob Paschke, Dir Pub Works By: Kirk McDonald, City Manager 6.7 Resolution approving final payment to Eureka Construction, Inc. for the Xylon Avenue North Sanitary Sewer Improvements (Improvement Project No. 943) Requested Action Staff recommends that final payment of $7,904.12 to Eureka Construction, Inc., and the City of New Hope accepts Project No. 943. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to develop future needs and growth of commercial and retail properties. Background Hy -Vee had requested that the city utilities are ready to accommodate the redevelopment in 2014. The critical utility needing improvements was the sanitary sewer on Xylon Avenue, as the elevation was not low enough to allow for connection of the redevelopment to the city sewer main. The other city utilities can serve the immediate needs of the redevelopment, and can be improved in 2015 in concurrence with the other utility infrastructure and street improvements on Xylon Avenue and 45t'' Avenue. A City Center feasibility report was presented and accepted by the Council on March 11, 2013. Identified in the City Center Feasibility Report were specifications to match the upgrade of city sanitary sewer on Xylon Avenue to the improvements completed on Winnetka and 45th in 2012. The size of the existing sanitary sewer was to be increased from nine to ten inches, and the pipe elevation was to be lowered as recommended in the feasibility report. Council authorized the plans and specifications for improvement project 943 on 6/9/2014, and ordered solicitation of bids on 7/28/2014. Motion by Com— .. Second by To: .- 3 L: xyion-sanitary tinal cioc Request for Action, Page 2 March 9, 2015 The bid opening occurred on Sept 3, 2014, with a total of 6 bidders, and Eureka Construction, Inc. as the low bidder. The contract was awarded at the September 8, 2014 Council Meeting. Construction began and was completed during the fall months of 2014. The contractor was able to avoid impacts to the existing water main and storm sewer at a few crossing locations with the new sanitary sewer. As the construction impacts were avoided, cost savings were incurred and the project was completed under the Original Contract Amount by $19,468.40. The contractor has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $7,904.12 is made to Eureka Construction, Inc. and the City of New Hope accepts the project. Funding The engineer's estimate on total project costs is $265,000. The funding source will initially be provided by the EDA, and in the fixture reimbursed by TIF. Attachments • Resolution City engineer memo Request for payment City of New Hope Resolution No. 15- 38 Resolution approving final payment to Eureka Construction, Inc. for sanitary sewer improvements on Xylon Avenue, south of 4511, Avenue to 42nd Avenue, (Improvement Project No. 943). WHEREAS, the City Council routinely considers public infrastructure improvement projects to develop future needs and growth of commercial and retail properties; and, WHEREAS, the city engineer had developed project specifications and contract terms for the work; and, WHEREAS, the city has received bids for the work described and had identified the lowest responsible and responsive bidder; and WHEREAS, the contractor has completed all improvements as accepted to staff and engineering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: I. That the city accepts project No. 943. 2. That final payment of the contract between the city of New Hope and Eureka Construction, Inc. in the amount of $7,904.12, for the Xylon Avenue North Sanitary Sewer Improvements is hereby approved. 3. That the city manager is authorized to make final payment. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of March, 2015. Mayor Attest: City Clerk I3 Starrtec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: January 6, 2015 For Period: 12/2/2014 to 1/6/2015 Request No: 2/FINAL Contractor: Eureka Construction, Inc., 20141 Iconic Trall, Lakeville, MN 55044 CONTRACTOR'S REQUEST FOR PAYMENT XYLON AVENUE NORTH SANITARY SEWR IMPROVEMENTS STANTEC PROJECT NO. 193802856 CITY PROJECT NO. 943 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 Uquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC 4�� - Approved by Contractor: EUREKA CONSTRUCTION, INC. qw—� kw -40 - Specified Contract Completion Date: 183802555RFP2FINAL.*m $ 289, 724.50 $ 0.00 $ 0.00 $ 289, 724.50 $ 270,256.10 $ 0.00 $ 270.256.10 $ 0.00 $ 270,256.10 $ 262,351.98 $ 0.00 2/FINAL $ 7,904.12 Approved by Owner: CITY OF NEW PE Date:�- 9 938GM8RFP2F INAL,xiam Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION Ls 1 14215.00 1 $14,215.00 2 TRAFFIC CONTROL LS 1 5000.00 1 $5,000.00 3 PORTABLE TOILET EA 4 150.00 4 $600.00 4 FULL DEPTH RECLAMATION SY 4650 1.10 4650 $5,115.00 SALVAGE RECLAIM MATERIAL (P) CY 1290 7.10 1290 $9,159.00 6 REMOVE MANHOLE EA 1 802.00 1 $802.00 7 REMOVE CONCRETE WALK SY 80 8.00 94.5 $756.00 8 REMOVE CONCRETE CURB AND GUTTER LF 140 4.50 146 $657.00 9 SALVAGE AND REINSTALL RCP STORM SEWER PIPE LF 130 49.50 32 $1,584.00 10 ABANDON AND BULKHEAD SANITARY SEWER PIPE EA 2 170.00 2 $340.00 11 RECONNECT EXISTING WATER SERVICE - 6" DIP EA 1 1181.00 $1,181.00 12 RECONNECT EXISTING WATER SERVICE - 314" TO 1" COPPER EA 1 1284.00 $0,00 13 REMOVE 8" WATERMAIN PIPE LF 180 16.00 121 $1,936.00 14 CONNECT TO EXISTING $" WATERMAIN EA 6 833.00 2 $1,666.00 15 ADJUST VALVE BOX EA 5 263.00 5 $1,315.00 16 PLACE SALVAGED RECLAIMED PAVEMENT MATERIAL (P) CY 1033 13.50 1033 $13,945.50 17 TYPE SP 12,5 NON -WEARING COURSE MIXTURE (2,B) TN 590 72.00 570.7 $41,090.40 18 BITUMINOUS CURB PATCH LF 280 18.00 138.88 275.8889 $4,966.00 19 BITUMINOUS SIDEWALK AND DRIVEWAY PATCH SY 80 24.00 76 $1,824.00 20 4" CONCRETE SIDEWALK SY 70 49.50 58 $2871.00 21 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 52 15.00 $0.00 22 TRUNCATED DOME PANEL SF 8 58.00 $0.00 23 CONNECT EXISTING SANITARY SEWER PIPE TO MANHOLE 3 993.00 3 $2,979,00 24 IMPROVED PIPE FOUNDATION LF 1194 1.00 705 $705,00 25 10" PVC SANITARY SEWER PIPE, SDR 26 LF 1194 75.00 1246 $93,450.00 26 10"X6" PVC WYE„ SDR 26 EA 4 432.00 4 $1,728.00 27 6" PVC SANITARY SERVICE PIPE, SDR 26 LF 40 76.50 32 $2,448.00 28 8" PVC SANITARY SERVICE PIPE, SDR 26 LF 90 71,60 85 $6,077,50 29 6" PLUG EA 4 218.00 4 $872.00 30 8" PLUG EA 4 234.00 4 $936.00 31 4' DIAMETER CONCRETE SANITARY MANHOLE EA 7 5075.00 7 $35,525.00 32 8" DUCTILE IRON WATERMAIN CLASS 52 LF 180 72.00 81.66 $5,879,52 33 8" GATE VALVE AND BOX EA 1 1770.00 1 $1,770.00 34 STRIPING, PAINT LS 1 3650.00 1 $3,650.00 35 TOPSOIL BORROW (LV) CY 20 68.00 10 $680.00 36 HYDROSEED WITH MULCH SY 100 5.00 10 100 $500.00 37 STREET SWEEPER WITH PICK-UP BROOM HRS 10 130.00 2.75 $357.50 38 SILT FENCE LF 100 2.00 $0.00 39 PROTECTION OF CATCH BASIN, STREET EA 7 191.00 10 $1,910.00 40 TELEVISE SANITARY SEWER LF 1200 1.40 1261.2 $1,765.68 TOTAL BASE BID: $270,256.10 TOTAL BASE BID: $270,256,10 TOTAL WORK COMPLETED TO DATE $270,256-10 9 938GM8RFP2F INAL,xiam PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO, 943 STANTEC PROJECT NO. 193802856 CONTRACTOR EUREKA CONSTRUCTION, INC, CHANGE ORDERS No. Date Total Change Orders Desorbilon Amount PAYMENT SUMMARY No. From To Pavment Retainage Comninfoel 1 09/01/2014 112/01/20141 .262,351.98 5,354.12 267,706.10 2/FINAL 12/02/2014 101/06/2015 1 7,904.12 Total Amount Earned 270,256.10 Material on Hand Totat Payment to Date $270,256.10 Original Contract $289,724.50 Retainage Pay No. 2/FINAL Change Orders Total Amount Earned $270,256.10 Revised Contract $289,724.50 193802858RFP2FINAL.xrsm Page 1 of I MINNESOTA- REVENUE Oontrzetor Affidavit Submitt3d Thank you, your Contractor Af6davlt has been approved. Confirmation Summary Confirmation Number: Submitied Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Plumber. Account Number: Project Owner: Project Numben PmJed Begin Date. Project End Date: Project Location: Project Amount: Subcontractor Summary 1-400.096-064 21 -Jan -2015 9:33:20AM EUREKA CONSTRUCTION INC 41-1930670 Eureka Contractor Affiriavlt 919748608 4131274 CITY OF NEW -HOPE NIA 15 -Sep -2014 15 -Nov -2014 XYLON AVE, CITY OF NEW HOPE $289,724.50 Name ID Affidavit dumber BrTUMINOUS ROADWAYS WC 8225235 1014923264 J 8 R LARSON GROUNDS MAINTENANCE 5930620 439713792 SAFETY SIGNS LLC 5139558 1052655618 CAPITOL CONCRETE 5893965 11.66901248 HYDRO VAC INC 7201085 1314754464 Important Messages A cry of this page must be provided to the contractor or government agency that hired you, Contact Us If you need further assistance, contact our Wthholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-594, or (email) VlWthhakting.tax@state_mn,us. Business hours are 8:00 a m. - 4:30 p.m. Monday - Friday. How to View and Print this. Request You can see copies of you requests by going to the History Tab. Please pnr spfefimma_t_1V M for your records using the print or save functionality built Into your browaar. haps-1lwww.mndor.state.mn.us/tpleservices/ ./Retrieve/0/b-/CTFZkpKuywnC92HfOO1VY... 1/21/2015 Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confrmation Number: 1-543-729-536 Submitted Date and Tune: 6-Ian»2015 9:03:28 AM Legal Name; 131TUMINOUS ROADWAYS INC Federal Employer ID: 41-0646864 User Who Submitted: litzarn Type of Request Submitted: Contractor Affidavit Af'f'idavit Surnm:a-ry AMdavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors; 1014923264 8225235 CITY OF NEW HOPE EUREICA NO 14-007 30-0ct-2414 31 -Oct -2014 XYLON AVE NORTH $47,280.40 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.inn,us, Business hours are 8:00 ase. - 4;30 pan, Monday - Friday. Hour to View and Print this Request You can see copies of your requests by going to the History Tab. Please print!hig confirmifio pan for your reeords using the print or save functionality built into your brow.5er. https:llwww.nmdor.state.rnn.usltpleservicesllRetrievel0lb-/MK OLOfLJuRUIVJfrOE19g—,.. 1/6/20.15 Page IofI MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Numbrr: 1.501-458-816 Submitted Date and Time: 6 -Jan -2015 10:16:15 AM Legal Name: J & R LARSON GROUNDS MAINTENANCE LL Federal Employer ID: 04.3648185 User'Who Submitted: JRLGROUNDS Type of Request. Submitted: Contractor Affidavit Affidavit Summary AtiMdavit Number: Account Number: Project Owner: Project Number: Project Begin Date. Project End Date: Project Location: Project Amount: Subcontractors: 439713792 5930620 CITY OF NEW HOPE XYLON AVE N 04 -Nov -2014 04 -Nov -2014 NEW HOPE $7'00.00 No Subcontractors Iehportant Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota. Relay, or (email) Withholding.tax@state.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmationapse_ for your records using the print or save functionality built into your browser. https:/lwww.fru-idor.state.mn.us/tp/eservices/ /Retrieve/0/b-/WU2b_gS4GpogSTJMZaqkdA... 1/6/2015 81/14/2615 16:19 9524696689 MINNESOTA- R ENUE Contractor Affidavit. Submitted Thank you, your Contractor Affidavit has been approved. CorLArmatiout Summary Confirmation Number: 0-604-823-104 Submitted Date and Time: 14 -Jan -2015 4.14:05 PM LegAANawe: SAFETY SIGNS LLC Fedmal Employer. ID' 41-1991774 User Who Submitted. ryan shimek Type of Request Submitted: Contractor A#iicia it Affidavit Summary Afirsdavtt Number: Account Number, Project owner: Project Number: Project Begin Date: Project End Data: Project Location: Prq;cst.Amomt: Subcontmctars: 105265916 5139558 CITY OF NEW RC)PE 943 21 -Sep -2014 06 -Nov -2014 XYLON AVE N $8,900.00 No Subcontractors SAFETY SIGNS important Messages A copy of this page must be provided to the contractor or govenunent agency that hired you. PAGE ®1/61 Page 1 of 1 Cor -tact Us If you need further assistance, contact our Withholding Tari Division at (Mom Area) 651-282-9999, (GrcaW M�Mcsota) 800.657-3594., (TTY Users) Call 711 for Minnescf Relay, of (email) Withholding tax@stat mn.us. Business hours are 8:00 am, - 4:30 p.m. Monday - ]Friday. How to View and Prom this Reque3t You can see copies of your requests. by going to the History Tab. Pipe print_Ihis_cnn anon r+aae for your records using the print or save functionality built into your brows . hnDSJ/WWW.condor.state.tnn.us/tv/e$e>wvioesl /Rt eve/ft-/1aUAbF)ffi01V 4KU eDa 1/14/2015 Page 1 of 1 Contractor Affidavit Submitted Thank you,. your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-135-997-312 Submitted mate and Time: 7 -Jan -2015 8.05:11 PM Legal Name: CAPITAL CONCRETE INC Federal Employer ID: 01-0627479 User Who Submitted: edda0701 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1166901248 Account Number: 5893965 Project Owner: CITY OF NEW DOPE Project Number: 14-007 Project Begin Date: 01 -:tun -2014 Project End Date: 01 -Oct -2014 Project Location: XYLON AVE N SANITARY SEWER IMPROVEMENTS ProjectA.mount: $2,871.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contract or or government agency that hired you. C -,ntaet tis If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-4999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax c�istate.mn,us. Business hours are 5:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by ;Ding to -the history Tab. Please Prim it t ,k conf-rnat:or -t ye for your records using the print or save functionality built into your browser. https://www.mndo...z.state;rnn.usltpleservicesl /Retrieve/0lb-IVDJhFZMpXVmpOiPbOld5hQ... 1/7/2015 Page 1 of 1 MINNESOTA - REVENUE Contractor Affidavit Submitted Thank you. your Contractor Affidavit has been approved, Confirmation Summary Conflrrrration Number: Submitted Date.and Time; Legal Nam, Federal Employer ID: User Who Submitted: Type of Request Subrnitted: Affidavit Summary Affidavit Number, Account Number: Project Omnter. Project Number: Project Begin Date: Project Erol [late: Project Location: Project Amount: Subcontractors: 1-141-545-344 20 -Jan -2016 10:36:15 PM HYDRO VAC INC 20-1563957 Hydro -Vac Inc Contractor Affidavit 1914750464 7201085 CITY OF NEW HOPE. 14007 04-NOV-2014 04 -Nov -2014 XYLON AVE NO., NEW HOPE $1,766.88 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: Diviston at (Metro Area) 661-2829899, (Greater Minnesota) 800-657-3594, or (email) YTAhhold hg.Iax#state.mn.us. Business hours are 8:00 a,m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this pgrftatioa nage foryour records using the print or save functionality built Into your browser. hl tps://www.mndor.state.mtLusltpleservicesl/Retrievel0lb-/fTOhl4S6uaPjODwXGu9RFC_?FIL... 1/20/2015