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IP #9421:\RFAIP&RNPARKS \2015\Q-942 Victory Park Field Authorize Plan and Spec.docx If REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Parks and Recreation February 9, 2015 Development and Planning Item No. By: Susan Rader, P&R Director By: Kirk McDonald, City Manager 8.2 Motion to authorize preparation of plans and specifications for field improvements at Victory Park (improvement project no. 942) Requested Action Staff is recommending that the City Council authorize the city engineer to prepare plans and specifications for improvements to the softball field at Victory Park, located at 5550 International Parkway (project #942). It is anticipated that work would begin late summer with the majority of the project being completed by late fall. Background Victory Park was built in 1991 in a wetland area and was built as a second lighted athletic field complex for city use. The softball field is used by adult teams that play in the New Hope Park and Recreation sponsored summer and fall leagues. These teams use the field from April through October. In addition to the softball field, a soccer field is also located at Victory Park and is used mainly for rentals. Over the years, a swale developed in center field and the right field started to sink slightly. In 2007 minimal work was done to correct the problem of a swale, but the decision was made not to do anything further with the right field area. Since 2007, the area has continued to sink resulting in the need for further improvements. Staff has met several times with the city engineer to discuss the options to fix the right field area. The fencing, backstop, lighting, scoreboard and trail were also evaluated during these meetings. However, due to the estimated costs associated with all of the items and the limited resources, staff prioritized the items to establish what needed to be done with this project and what could wait until a later project. The field work needed will include raising the elevation of right field with lighter weight fill and improving the drainage. For safety purposes, restoration of the entire outfield will need to be done with MOTION BY SECOND BY TO: 1:\RFAIP&RNPARKS \2015\Q-942 Victory Park Field Authorize Plan and Spec.docx Request for action, Page 2 February 9, 2015 grading work topsoil, sod and irrigation reconfiguration or replacement. The use of sod, rather than seed, is needed in order for play to resume on the field next spring. It was determined that in addition to the specific field work, the fencing and trail needed replacement. In several areas, the fence is failing, including the concrete strip below the fence. In an attempt to keep costs low, the poles currently being used for the backstop could remain and only have the fencing replaced. They are galvanized and are in great shape. The trail that connects the parking lot, softball field and soccer field is in poor shape and will need to be replaced. It will also be impacted with the raising of right field. Replacement of the scoreboard and retrofitting of the field lights to LED will be added to a future wish list. Funding This project is included in the 2015 CIP and the 2015 Park Infrastructure budget as shared with the Council during 2015 budget discussions. For CIP planning purposes, the cost of the project was estimated at $200,000. The engineer's estimate at this point is approximately $221,000, which includes a 10% contingency. The additional $21,000 could be used from funds earmarked for concrete and trail replacement - a total of $40,000 was budgeted for 2015. Funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments 2015 CIP list Map of Victory Park Letter from Chris Long, City Engineer Diagram of Victory Park Improvements I:\RFA\P&R\PARKS12015\Q-942 Victory Park Field Authorize Plan and Spec.doex City of New Hope 2015 Capital Improvement Program Project Description Project Year Project Cost* Staff Prioritaatian Comments In Funding Sources' MSA Str Infra Water Sewer Storm TIF rmnGa WS Grants Other fire Dept. Park Funds Ice Arena Golf Course Funding Total 2015 Street Infrastructure 2015 5800 high St. Management Plan 2015 Seal Coat 2015 225 high St. Management Plan Rellne sewer pipas. 2015 30D high Annual I&I Egect International Pkwy Lift St enerator 20151 80 hl h Emergency backup I S94 Storm Water projects 2015 100 high Re ulred TMDL YMCA Pond 2014 60 high Remove Sediment from pond Copy MachinelPloder 2015 10 high Front Office Locker room improvements 2015 25 medium Replace lookers, benchs 42nd LED strAl ht Loulslans to Xyloi 2015 115 h' h Eftlency replace HPS to LE 32 42nd LED str.l M ?Won to 169 2015 70 medium EMenry replace HPS to LE 18 HVAC Roof Unit 2015 10 high Replace aged HVAC- efficiency j Fire Dept. 2015 150 Fire Station Apparatus Drive Pod subsidy 2015 25 high 25 25 Pool mfscellaneous Equipment 2015 10 low only if needed 10 10 Pool update for shallow pool 2015 350 high shallow water area dates to 1991 350 $50 Pool gutter covers for both 20151 30 high last replaced 1998 30 30 Pool shade umbrellas Pod main pump 2015 2014 10 10 medium low addt. Shade for pool only if needed - last replaced in 1997 - u 10 10 10 10 Pod portions of decking 2014 15 low carry over from 2013: carryover to 2015 15 _ 15 Pod deck drains 2014 40 high laced in 1991 - carryover to 2015 40 40 Parks 4424 Nevada PD3ject 2014 10 low landscaping for lot adjacent to Fred Sims Park - carry over to 2015 10 200 10 200 replace fencing, improve Parks Victory Park improvements 2015 200 high _ drainage, nutWd Parks repair/ replace lights or poles andfar electrical services 2015 70 high wearing out and costly to repair, move toward LED lights _ 70 70 Parks Meadow Lake Park play uipment project 2015 1711 high equipment 170 170 Parks concrete, trai work 2015 40 medium replace where needed 40 40 Parks maintenance 2015 15 ht h courts equipment repair 15 15 Community Gyms concession equipment replacement 2015 10 medium dates back to 2000; used by rental groups 10 10 IA re -cement floor South rink 20151 350 medium cement floor cracking & popping; original in 1996 35D 350 IA electric edger 2015 121 high last replaced In 2010 12 12 IA Zamboni batteries 2015 20 high last replaced In 2010 20 20 IA paint arena floor North rink 2D15 3 high 3 3 IA sooreboard Noth rink 2015 35 medium moved from 2013; last replaced in 1994 35 35 IA skate rental 2015 10 medium purchase skates for rental, set up rental area 10 10 GC replace clubhouse tables and chairs 2014 10 medium heavily used, 12 years old c 10 1_0 GC fairway unit 2015 45 high last replaced in 1996 45 u�45 GC rotary rough mower Z mower 2015 12 high moved from 2016; last replaced In 2004 12 12 GC golf carts 2 of 5 yr lease to 2015 7 I high carts are from 2002 7 7 TOTAL 8454 i 0 a 0 0 D 0 89 0 D 0 0 1015 3"1 7 150g Stantec consulting Services Inc, 2335 Highway 36 West St, Paul MN 5511'.3 �} Tel: (651) 636-4600 #. a me Fax: (651) 636-131 1 January 20, 2015 File: 193803055 Attention: Susan Rader, Parks & Recreation Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Victory Park Improvements - Authorize Preparation of Plans & Specifications City Project No.: 942 Dear Susan: As discussed, we are requesting authorization to prepare plans and specifications for completing improvements at Victory Park. The general scope of the improvements is shown on the attached Figure 1, as well as described below: General Scope of Improvements The potential improvements generally include the following: • Raise the elevation of the slumping right outfield area • Improve drainage conditions • Remove and replace existing bituminous trail adjacent to right field o Existing trail condition is in poor condition, and raising the right field elevation will impact the trail • Replacement of the existing fencing o The chain link fencing is failing in several areas, which includes the failing concrete strip below the fence o Retain the existing galvanized poles for the backstop fencing, and replace the chain link fence Restoration of the entire outfield with grading work, new topsoil, sod, and irrigation reconfiguration/replacement Preliminary Cost Estimate The breakdown of estimated project costs, including estimated indirect and contingencies are shown on the following page: v January 20, 2015 Ms. Susan. Rader Page 2 0` 2 Reference: Victory Park Improvements - Authorize Preparation of Pians & Specifications Park Improvement Type Estimated Costs Remove and Replace 140' of Bituminous Trail $7,835 Remove and Replace 6' High Chain Link Fence $40,250 Remove and Replace Backstop $11,000 Site Grading and Fill Material for Right Field $41,800 Restoration - Topsoil, Sod, Irrigation $69,111 Total Estimated Construction Costs $169,996 Contingencies 10%) $17,000 Indirect (20%) $33,999 Total Estimated Project Costs $220,995 If Council chooses to move forward with this project, authorization of plans and specifications could be given at the January 26th Council meeting. The work under this contract could be completed during the late summer and fall of 2015. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. Attachments: Figure 1 c. Steve Ellingson, John Blasiak, Bob Paschke - New Hope; Ann Dienhart, Adam Martinson, Megan Albert - Stantec. REMOVE AND REPLACE 140' OF BITUMINOUS TRAIL REMOVE AND REPLACE 6' HIGH CHAIN LINK FENCE WITH GALVANIZED FENCE �G4"olk P V-00 qY VICTORY PARK IMPROVEMENTS wo CITY OF NEW HOPE VICTORY PARK IMPROVEMENTS - 2015 8 DATE: 1/20/2015 PROJ. NO.: 193803055 ADD LIGHT WEIGHT FILL: AND REGRADE; REMOVE AND REPLACE BACKSTOP FENCING EXISTING BACrSTOP POSTS TO REMAIN Qp ,e 0 so FIGURE 1 2335 Mghwcy36W 3f. PwL MN 15113 wwwsionlx.cam 100 S 4. rt v 5 r REMOVE AND REPLACE 140' OF BITUMINOUS TRAIL REMOVE AND REPLACE 6' HIGH CHAIN LINK FENCE WITH GALVANIZED FENCE �G4"olk P V-00 qY VICTORY PARK IMPROVEMENTS wo CITY OF NEW HOPE VICTORY PARK IMPROVEMENTS - 2015 8 DATE: 1/20/2015 PROJ. NO.: 193803055 ADD LIGHT WEIGHT FILL: AND REGRADE; REMOVE AND REPLACE BACKSTOP FENCING EXISTING BACrSTOP POSTS TO REMAIN Qp ,e 0 so FIGURE 1 2335 Mghwcy36W 3f. PwL MN 15113 wwwsionlx.cam 100 COUNCII REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Parks and Recreation March 23, 2015 Development and Planning Item No. 8.2 By: Susan Rader, P&R Director By: Kirk McDonald, City Manager Resolution approving plans and specifications and authorizing advertisement for bids for Victory Park field im rovements (improvement 2roject no. 942 Requested Action Staff is recommending that the City Council authorize advertisement of bids for the improvements to the softball field and trail at Victory Park, located at 5550 International Parkway (project #942). On February 9, 2015 the City Council authorized the preparation of plans and specifications. It is anticipated that work would begin late summer with the majority of the project being completed by late fall. Background Victory Park was built in 1991 in a wetland area and was built as a second lighted athletic field complex for city use. In addition to the softball field, a soccer field is also located at Victory Park and is used mainly for rentals. Over the years, a swale developed in center field and the right field started to sink slightly. In 2007 minimal work was done to correct the problem of a swale, but the decision was made not to do anything further with the right field area. Since 2007, the area has continued to sink resulting in the need for further improvements. Staff has met several times with the city engineer to discuss the options to fix the right field area. The Council also discussed this item briefly at the October 20, 2014 Work Session. It was determined that while it is important to fix the field for the safety of the players, Council and staff did not want to spend a great amount to determine a more in-depth fix that may or may not correct the issue for the long term. The fencing, backstop, lighting, scoreboard and trail were also evaluated. However, due to the estimated costs associated with all of the items and the limited resources, staff prioritized the items to establish what needed to be done with thisro eeccft,,and what could wait until a later project. MOTION BY.C.(�X.CJL/ SECOND BY ad4Qt166d aLSr L I:\RFA\P&R\PARKS\2015\R-942 Victory Park Field Approve Plan and Specs and authorize bidS.docx Request for action, Page 2 March 23, 2015 The field work needed will include raising the elevation of right field and improving the drainage. For safety purposes, restoration of the entire outfield will need to be done with grading work, topsoil, sod and irrigation reconfiguration or replacement. The use of sod, rather than seed, is needed in order for play to resume on the field next spring. It was determined that in addition to the specific field work, the fencing and trail needed replacement. In several areas, the fence is failing, including the concrete strip below the fence. In an attempt to keep costs low, the poles currently being used for the backstop could remain and only the fencing be replaced. The poles are galvanized and are in great shape. The trail that connects the parking lot, softball field and soccer field is in poor shape and will need to be replaced. It will also be impacted by the raising of right field. Replacement of the scoreboard and retrofitting of the field lights to LED will be added to a future CIP list. The drinking fountain is in poor condition, along with the concrete base for the fountain. Replacement of the fountain and concrete base will be bid as an alternate. The Victory Park softball field is one of two lighted fields used by adult softball teams who play in the New Hope Parks and Recreation -sponsored summer and fall leagues. The leagues include 65-70 teams each year and have more than 1200 players participating. The men's and co-rec leagues use the softball field from late April through early August, Monday -Thursday and Sunday evenings. From August through October, fall leagues use the field Monday -Wednesday evenings. In addition to the city -sponsored leagues, the field is used for the Duk Duk Daze Softball Tournament, a few Cooper High School Fastpitch games, and other rental groups. Funding This project is included in the 2015 CEP and the 2015 Park Infrastructure budget as shared with the Council during 2015 budget discussions. For CIP planning purposes, the cost of the project was estimated at $200,000. The engineer's estimate is approximately $240,000. The additional $40,000 could be used from funds earmarked for concrete and trail replacement, as $40,000 was budgeted for 2015. Funding is available in the Park Infrastructure Fund which is levy funded each year. Attachments 2015 CEP list Map of Victory Park Letter from Chris Long, City Engineer Plan Sheets of Victory Park Improvements I;\RFA\P&R\PARKS\2015\R-442 Victory Park Field Approve Plan and Specs and authorize blds.doex City of New Hope Resolution No. 15-4.5 Resolution approving plans and specifications and authorizing advertisement for bids for Victory Park field improvements (improvement project no. 442) WHEREAS, funding is available in the park infrastructure fund for the field improvements of Victory Park; and, WHEREAS, this project is an improvement which adds to the value of this community asset; and, 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 Victory Park renovation in accordance with said specifications. The advertisement shall be published for ten (10) days. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of March, 2015. Mayor ^� Attest: City Clerk I: \RFA\ P&R\ PARKS\ 2015 \ R-942 Victory Park Field Approve Pian and Specs and authorize bids.docx �7 ,�. _ _ . - - " ' Jr'�� �` � . .� _ r, - - � �. . �. .f � R _ - �� �, . _ _. _- . t � _ k v v _ I .� � �- _ , __ � . March 17, 2015 File: 193803055 Stantec Consuiiing Services Inc. 2335 Highway 36 west 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Susan Rader, Parks L Recreation Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Victory Park Improvements - Approve Plans 8 Specifications, Authorize Bidding City Project No.: 942 Dear Susan: As requested, we have prepared plans and specifications for the Victory Park Improvements project. The project generally consists of ball field improvements to raise the elevation of the slumping right field, improve drainage, trail replacement, and fence replacement (see attached plan sheets). The full plan set is available at City Hall for review. The total construction cost for these improvements is currently estimated to be $193,000. The plans also include an alternate to install a new drinking fountain, which is estimated to be $6,500. The total project cost, including the altemate and indirect costs, is estimated to be $240,000. If Council chooses to move forward with this project, approval of plans and specifications authorization to advertise for contractor bids could be given at the March 23rd Council meeting. The work under this contract could be completed during the late summer and fall of 2015. If you have any questions or require further information please coil me at (651)604-4808. Regards, STANTEC CONSUL71NG SERVICES INC. Christopher W. Long, P.E. Attachments: Plan Sheets - C0.01, C3.01, C6.01 c. Steve Ellingson, John Blasiak, Bob Paschke - New Hope; Ann Dienhart, Adam Martinson, Megan Albert - Stantec. r 7r%4,,cc,r.rnur''ylar. i.. € ' M7luna,FmrrerE RRmecrwEruwo Ir PROTECT DdSMS Nom, t fiN°I lllf IHOa — RRIO!! lyl RAIUIM LZHT A1C rMIBOIIIOa /i 4^N � / �f� 1D a9N91 ♦( )i W(FEIKN6 } ,sAaOIT lffmq 1016 jj P x —� PllllfllfB y�/i ( ff � 4/ y Oli9 /J� f1f ; F X' - ` ' I / NP Rum / Dumb it SEIO /J�J/.J •4 Il II aM1018wA n'n / I / vamS1LA[° f ilk 'S 4 yI tl N �. 7+ 't ) / / 11 ♦R� II F - 1 9A1.YAGErAWc Il /+ II ells 9fN It N Al Id, Y A DEMOLITION PLAN -x /`0 w RC NOTES: u I. INSTALL EROSION AND SEDIMENT CONTROL PRIOR TO ai ANY DEMOLTTION WORK. C s. 77 SRM. + �+� •. Il °A9EANCIgRRSM91, ,,f A6AEGlElO f 1 � � b II OfIRCS�lARFL I - - -g - i'44 f. ll tile, ars R•cruwlva 1- . - .E -' "9 '3jx Ik FMCF,:AMIe'ANII'PARS Haa 110619 RF11A01 N AACq i ills S —REMOTE 11 m,aE CArE - � - ainnraq' moa MDREPVMT ; +a":rre�.joaeiar•. '-� N 1 IS 0618['1®R)'E°O°1EH1 DEMOLITION DETAIL 0 2 N J La I. I I'll rl 00 g fI = J LU Zn > z A rr ALTERNATE 1: REPOW WATER I r J O MMAIN AND I r QNCRETE PAD rl r Ir � 11 11 IL— I I 1 I I � 4 � I 4 I � ALTERNATE 1 co.ai All, Al le� 1 $��� m6T4LL1076P BIIVIetllAIS Bfry1gIEAFAp 1 MMITA[M 3•SBPYTW ��i PIEI[IFIISIDBEREfNBTANFD BY[TIY p,�v x�mullu5ewnl 6 ��� nsTau m eBIifPWawrs FAIN rotzrstta-ssl ' Sl7� 6 • TDPSVILAIID SW AI�SAi%l® 1 BY raNSTR xim ®p1 m • 1 sL ;Jt ,� ,T .•: •:•:•.'. •. •.•_•. -_. •. •: m6TAILW m NCPFrf9BtRA7® • - _ - BEV TRAILW[ VAUJCNWJr i Bi6rALL l9B'I:TAVWIE WALL �BE7 AAQ AND3LYCL-DIBFP,IP s 1 SN6T%LLa'TTIgm.AloUM •. � �y •-.-.-•--•.•••-•.".'.".•� SIL �% 1l4 •� 3'-6"6ATE ]m rtlm1E0F '�� Y r . r r r r r w } DarFmn FMCM(DETBAM _ 2 5 TALLrau PhST(BETBAxq �J w r • w r a . w . !� w r r. v • r • . •••• J '1 I r, r m,STAN, 4•PYC SOI.W r • ` r . r + r , .� .; �� 1 A r r• ;nAmaETsatt • r a r a . :,✓ a.. B67ALLIFIB 6•WDCWa/LnIk19m1R7x6WmW�BTlAT4 Wa`r`. - r r :c r 1MSf/LLYSDF111E FEfl�(DLT6N61 - MAl1VTYq YT[IFAIAIItt r r. r • r r . r MrOffiENT AND T r TIBTMLY WBFIFRINCE STAID AIIXIC PENCE LNE DET.R�� r � • . v `� +11s • N j 1 ,i .061, rr pumunC cm ,� (J r r a r r r r r• r ... MIB„ IfO�IdAB!]w BAIR :mWrM"IFUa, S r p II ]f' r r I_ • T9 11 II' /!yam r r r rDBgIDLYl7L10 PM[oWSN1�9 B'P'''g j1 l• I1 r4 r [IYMDIR-ATODILAT]S6' I w - .. - -�J ff • ' ,I �6m' (DErSI� i w DIBTILLS.FWL • •�014 B•�VMAI�N 6R1�E !!- ji1 'f ,• III /•DEPSlDWB - .'-.,li S�TNEPADA7Dihl , r i t r ♦` r a a r . tl bETI�BTOTNE WGIRJIIf /''// % • . *vk"A1LB•�eaElslcE ]IIBTALLTPICSW.� ror 1NSTMC{"RVC3FAL10• II II .` /• �'' '• ... r OPAmID1E iDETBTDleq r r (' tDkt - ri ga �`. - ��,� .�. � -r-err � - .. • �`;`;f �'` �.��,:� �j mefai ao m oumo-7I------------ INSTAL ------ INSTALIATiON • I n , NOTES: I. INSTILL EROSION AND SEDIMENT CONTROL PRIOR TO ANY DEMOLITION WORK. 2. ALL FIELD STRIPING TO BE COMPLETED BY C[TY W W W W �, i '• W W W W ' � �f W W W W W I I I r I II II W W w W ON11 L1�E1��F,YBATaJ / : ��'- GAIB�B,Dyp , y ,•YP 1 .`-i•wa„ BmTAILBII[RAOP - F91�FII�MD 33 i it = ? FSTA1LYWIDE CMCIME BUACn PAD f I PAT , MUCH EI07IB16 J L 5 i w , DISrA1Lwmnt#mm16 TP.Mmus"'m �- INSTALLATION DETAILje I If II II � E II + I I li ! i i II I II I ' I ALTEPN17E1:16TNLIE9M WAM FTNIRAwComawmQ6'6',6ID wA1ID _ y 1 I1 I I l- ���� N � ALTERNATE 1 61� rys�s V C6.01 AFFWAVIT 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 04/0212015 and the last insertion being on 0410212015. By: Authorized Agent Subscribed and sworn to or affirmed before me on 04102/2015. Notary Public 'VVV yyyVylr�VWrr'YrrVVWYVN RNN 11i� Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 370034 City of New Hope (Official Publication) ADVERTISEMENT FOR BIDS Sealed Bids WU be received by the City of New Hope. Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Thursday, April 30, 2015, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all also necessary for the following; Victory park Improvements Project - City Projeot No. 942 In general, Work consists of ball field and trail Improvements at Victory Park. The Project consists of the following approximate quantities: 1200 LF 6' Chain Link Fencing 1500 CY Granular Borrow 9500 SQ YD 6' Wide Sod 150 TON Type SP 9.5 Bituminous Mixture for Trail (2,13) 1600 CY Premium Topsoil Borrow 1 LS Irrigation 300 SO Fr Retaining Wall 600 LF Drain Tile 2 EA 2x3 Catch Basin 1 EA Pedestrian Ramp Along with site grading, aggregate base, miscellaneous drainage im- provements, removals, restoration, fencing, drinking fountain, and corre- lated appurtenances. Complete digital Bidding Documents are available at www.quesWdn. com for $20 by inputting QuestCDN eBidDoc #3803783on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of Now Hope and at Stantec, 2335 Highway 36 West, at. 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 Bid- ders 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 inegu- laritles and informaBties 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 4/2/15, 3SP2, Bids City Project 942, 370034 ADVERTISEMES-1' FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Thursday, April 30, 2015, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else neces- sary for the following: Victory Park Improvements Promo' ect . City Prof Oct No. 942 In general, Work consists of ball field and trail improvements at Victory Park. The Project consists of the following approximate quantities: 1200 LF 6' Chain Link Fencing 1500 CY Granular Borrow 9500 SQ YD 6' Wide Sod 150 TON Type SP 9.5 Bituminous Mixture for Trail (2,B) 1600 CY Premium Topsoil Borrow 1 LS Irrigation 300 SQ FT Retaining Wall 600 LF Drain Tile 2 EA 2x3 Catch Basin 1 EA Pedestrian Ramp Along with site grading, aggregate base, tniscellansows drainage improve- ments, removals, restoration, fencing, drinking foturtai , and correlated appur- tenances. Complete digital Bidding Documents are available at www.questcdrr.com for $20 by inputting OuestMN eBidDoc 0808788on the weWte'e Project Search page, Paper Bidding Doctmrents may also be viewed at the City of New Hope and at Stantse, 2836 Highway 86 West, St, Paul, MN 65119, (661) 636-4600. Direct inquiries to Engineers Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid roust accompany each lid 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 mud time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities thereiq and further reserves the right to award the Contract to the best interests of the owner. Kirk McDonald, City Manager City ofNew Hope, Minnesota (Published in Finance and Commerce April 2, 9, 2015) 10723385 Page 1 of 1 At i.dLav' L of Publication STATE OF MINNESOTA (SS. COUNTY OF HENNEPIN ) Description: Victory Park Improvements Project - City Project No. 942 Cassie Johnson , being duly sworn on oath say :,,. and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known ^s Finance and Commerce {Ml) and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as providcd by Minnesota Satute 331A.02, and 331A.07, and other aWicablc'.aws. as amended. (i3) Sh,-,,I-[e farther states on that the printed Construction 10723385 hereto printed as part as it was printed and published there in the English language; that it was first so published on April 02, 2015 for 2 time(s): e subsequent dates of publications being as follows: 4/2/2015 4,9-2{)15 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is :hereby acknowledged as being the size and kind of type used in the X abcdefghijklmnopgrsluvwxyz abcdefgh i j k l m n op q rst uvwxv-- o Subscribed aft' .01 - Sworn to before me this 9th day of April, 2015 (Notarial Seal) Notary Public Hen AMANDA H. DORN Notary PWIiWInnewta My Cw aa*n F*m ,an 31, 9019 RATE INFORMATION: 1. Lowest classified rate paid by S commercial users for comparable space: _..r. 2. Maximum rate allowed by law for $ the above matter: T 3. Rate actually charged for the above $ matter: 16,0000 0.48999 0.1455 .:'fit nCa 4n.. June 12, 2015 Ms. Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Stantec Consulting Services Inc. 2335 Highway 36 West St, Paul MN 55113 Tel: (651)636-4600 Fax: (651 ) 636-1311 Re: Victory Park Improvements City Project No. 942 Stantec Project No. 193803055 Return of Original Bids Dear Valerie: Enclosed are all of the original Bids and Bid Securities that were received on the above - referenced Project. We have retained a copy of all bids for our files. Sincerely, STANTEC CONSULTING SERVICES INC. Cathy Administrative Coordinator Enclosures Design with community In mind 5ta ntec THIS BID IS SUBMITTED TO: City of New Hope 4401 Xy!on Avenue North New Hope, MN 55428-4898 BIDDER Peterson Companies, Inc DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. I VICTORY PARK IMPROVEMENTS PROJECT NO. 193803055 CITY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 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 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 offer the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.OT In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number Addendum Date ADDENDUM 1 APRIL 28, 2015 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 exp;orations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions °hat have been identified in SC -4,06, E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) al! additional or supplementary examinations, investigations, explorations, tests, studies, and data conceming conditions (surface, subsurface, and Underground FaciDies) 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 oe 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 offhis Bid for performance of the Work at the prices) Bid and within the times and in accordance with the other forms and conditions of the Biddina Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 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. 0 2015 Stantec 1193803055 REVISED BY ADDENDUM NO. T 00 41 10- 1 (R) REVISED BID FORM 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 Engireer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation conceming Bidders responsiveness, responsibility. and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following p6ce(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unff Price Total Price BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION LS $ 116,754.00 $ 16,754.00 2 REMOVE BITUMINOUS TRAIL PAVEMENT 3 REMOVE CONCRETE BLEACHER PAD 4 REMOVE CONCRETE CURB AND GUTTER 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE FOOTING AND POSTS) 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS ;POSTS AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FABRIC 8 SALVAGE AND REINSTALL PARK RULES SIGN 9 GRANULAR BORROW (CV) SY 850 $ 3.84 $ 3,264.00 25.63 592.60 SY 20 $ $ 17.38 278.08 LF i 6 $ $ 4.50 4,095.00 LF 910 $ $ 4.00 1,080.00 LC 270 $ T $ 590.00 590.00 1 $ 192.00 192.00 EA 1 $ 17.79 42,696.00 CY 2400 $ $ 0 2015 Stantec 1 193803055 REV6ED BY ADDENDUM NO. 1 00 41 10 -2(R) REVISED 31D FORM 10 AGGREGATE BASE CLASS 5 - SIDEWALUFRAIL 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL [2,Bj 12 SITE GRADING 13 PREMIUM TOPSOIL BORROW (LV) 14 SOD, TYPE LAW N (30 INCHES WIDE) 15 IRRIGATION 16 4" SCH. 40 PVC PERFORATED (FRENCH DRAIN) 17 4" SCH. 40 PVC NON -PERFORATED DRAIN TILE 18 4" SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK 19 6" SCH. 40 PVC NON -PERFORATED DRAIN TILE 20 6" ALUMINUM FLARED END SECTION 21 RIP RAP, CLASS II 22 -2X3 CATCH BASIN 23 6' CHAINLINK FENCING 24 RED BALL DIAMOND ROCK 25 6' FENCE FABRIC AND RAILS 26 BACKSTOP FABRIC REPLACEMENT 27 11' 4" CHAIN LINK FENCE GATE 28 3 6" CHAIN LINK FENCE GATE 29 2" NOMINAL SIZE POST COVERS 30 3" NOMINAL SIZE POST COVERS 31 TOP RAIL GUARD CAP 32 GEOTEXTILE FABRIC 33 SEGMENTA BLOCK RETAINING WALL 34 CONCRETE PEDESTRIAN CURB RAMP 35 CONCRETE CURB AND GUTTER 36 TRUNCATED DOME SURFACE TN TN LS CY SY LS LF LF LF LF EA CY EA LF TN LF LS EA EA EA EA LF SY SF SF LF SF 380 18.59 150 $ 113.00 1 $ 12,445.00 1600 1 9500 4.61 $ 29,716.00 85 $ 18.11 250 $ 5.66 650 $ 12.72 20 $ 17.87 1 $ 337.00 3 $ 135.87 2 $ 1,972.00 910 $ 18.00 50 $ 64-50 270 $ 16.00 i $ 3,400.00 $ 1,100.00 1 $ 830.00 i 22 $ 60.00 14 $ 65.00 470 $ 3'00 5.67 120 300 $ 28.75 40 $ 7.75 20 $ 46.40 a $ 50.00 $ $ 7,064.20 16,950.00 $ 12,445.00 $ 30,352.00 $ 43,795.00 $ 1,539.35 $ 1,415.00 $ 8,268.00 $ 357.40 $ 337.00 $ 407.61. $ 3,944.00 $ 16,380.00 3,225.00 $ 4,320.00 $ 3,400.00 $ 1,100.00 $ 830.00 $ 1,320.00 $ 910.00 $ 1,410.00 $ 680.40 $ 8,625.00 $ 310-00 ' $ 928.00 $ 400.00 02015Stantec 1 193803055 REVISED BY ADDENDUM NO. 1 00 41 10-31R1 REVISED BID FORM 37 CONCRETE BLEACHER PAD 38 REMOVE AND REPLACE FOUL POSTS 39 SILT FENCE 40 INLET PROTECTION 41 STREET SWEEPER (WITH PICKUP BROOM) TOTAL BASE BID ALTERNATE 1 - DRINKING FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD TOTAL ALTERNATE 1 SY 20 $ 69.75 550.00 EA 2 $ 2.50 LF 300 $ EA 2 $ 125.00 HR 4 $ 149.00 EA $ 4,999.00 $ 1,395.00 $ 1,100.00 $ 750.00 $ 250.00 $ 596.00 $ 273,981.64 $ 4,999.00 $ 4,999.00 @2015Stanisc 1 193603055 REVISED BY ADDENDUM NO. 1 0041 10-4(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, orwho fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum critera shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime r.nntrnrtnr nr rtihcon"mr.tor thnt mnkps n fnl4p Ontpmpnt A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of comp:iance from all subcontractors of anv tier pursuant to subdivision 3, clause 7. By signing this statement, I, Jonathan M. Peterson President [typed or printed name), [title] certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Peterson Companies, Inc. (Name of the Person, Portneship or Corporation submitting this proposal) 8326 Wyoming Trail (Business Address) Chisago City, MN 55013 (City, State and Zip C ) Signed (Bid r uthorized representative) April 30, 2015 Date 02015Stariec 1 193803055 REVISED BY ADDENDUM NO.1 0041 10-5(R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for F.na1 Payment in accordance with Paragraph, 4.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: SUBMITTED on April 30 '2015. Corporat,on Name: Peterson Companies, Inc. (SEAL) State of Incorporation: Minnesota Type By: Service, Limited Liability): General (Signature) Name (typed or printed): Jonathan M. Peterson Title: President Attest(CORPORATE SEAL! (Sign tur of Corporate Secretary Business Street Addross (No P.O. Bo Vs): Peterson Companies, Inc. 8326 Wyoming Trail, Chisago City, MN 55013 Phone No.: (651) 257-6864 Fax No.: (651) 257-3393 Email: tjphillips@petersoncompanies.net ® 2015 Staniec 1 193803055 REVISED BY ADDENDUM NO. 1 00 41 10 - 6(R) REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Peterson Companies, Inc B326 Wyoming Trail Chlsago Clty, MN 55013 as Principal, hereinafter called Principal, and Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 061 B3 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total 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 (Here insert full name, address and description of project) Victory Park Improvements Project in New Hope, MN - City Project No. 942 NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30tH day of � April , 2015 . Peterson Companies, Inc lncipa!) (Seal) TItle) Jonathan M. Peterson President Travelers Casualty and Surety Company of America Surety) (Sea!) If .1414 Y (Title) Linda K. French ,AEiorney in Fact AIA DOCUMENT A310-8 -AIA - F B 1970ED-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. County of CHISAGO ) On this before me appeared 30th day of April Jonathan M. Peterson 2015 , to me personally known, who, being by me duly sworn, did say that he is the President of PETERSON COMPANIES, INC. , 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 Jonathan M. Peterson acknowledged said instrument to be the free act and deed of said corporation. 11,011 1,01, ell! x �� LAURIE R. t.YONS x WTD Ijua�c _ MINNESOTA Notary Public County, 47 My Commission Expires11 My commission a its^%� ;�� ,lanuasy 31, 2019 — x ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) _ ) Ss. County of HENNEPIN ) On this 30th before me appeared day of April Linda K. French 2015 , to me personally known, who, being by me duly sworn, did say that she 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 Linda K. French acknowledged said instrument to be the free act and deed of said corporation. g MELINDA 0 BLODGETT �If?TARIfFLIBLIC -MINN' SOTA w'y CG'%''•;JISSKON EXPIRES 01191118 Notary Public Washington County, r My commission expires: January 31 CR?A'AAN SITE & ATHLETIC FIELD CONSTRUCTION - LANDSCAPING • IRRIGATION • MAINTENANCE r RESPONSIBLE CONTRACTOR VERIFICATION OF COMPLIANCE STATE OF MINNESOTA ) )SS. COUNTY OF CHISAGO ] N I, Jonathan M. Peterson, an officer of Peterson Companies, Inc., herein referred to as "Contractor" certify that y Peterson Companies, Inc. is in compliance with the Minimum criteria requirements of a "Responsible Contractor" as defined in subdivision 3 of the Minnesota Responsible Contractor Law, Minnesota Statutes § 16C.285. I further certify all subcontractors that the Contractor intends to retain have verified to the Contractor through a signed statement under oath by an owner or officer that they also meet the same minimum criteria; and that they have obtained the same from each lower tier subcontractor and will furnish such signed statements upon request. Upon award Peterson Companies, Inc. will submit a Responsible Subcontractor Verification which is project specific listing subcontractors they intend to retain. I understand it is the responsibility of Peterson Company, Inc. to notify companies we have contracts with if we no longer meet the criteria of a "Responsible Contractor" and failure to do so may result in termination of Contract. I declare under penalty of perjury that, to the best of my knowledge, everything I have stated in this document is true. ell— Signed this2 7_4�day of G[4 0-,e 2015 By: Jonathan M. Peterson Its: President W 7", rk 7GfaL'.h+J41^t'.'�RIV1F laV1.'.JWYJ'vb'LVLAr�7�fN�iS/1 .: Signed and sworn before me on = _VVV jf 20 {_J LYQNS Notary Public r`^^^^^`"'�u"�vv,'^"•',ti^^An�ntin'vw++wx 8326 Wyoming Trail Chisagc City, MN 55013 (t) 651-257-6864 (f) 651-257-3393 (e) admin@petersoncompanies.net www.petersoncompanies.net Ar Affirmative Action, Equal Opportunity Employer UNANIMOUS CONSENT TO JOINT ACTION OF THE BOARD OF DIRECTORS AND SHAREHOLDERS OF PETERSON COMPANIES, INC. Pursuant to the provisions of Minnesota Statutes 302A, the following action is taken by the Board of Directors and Shareholders of Peterson Companies, Inc. (the "Corporation"), by unanimous written consent, as if a meeting of the Board of Directors and Shareholders had been duly called pursuant to notice and the Shareholders and members of the Board of Directors entitled to vote on the matters presented had been present and voting in favor of such action. There are 100,000 issued and currently outstanding shares entitled to vote on the matters presented herein ("Shares"), and the undersigned Shareholder is the holder of record of all of the Shares on the date of this Unanimous Consent. RESOLVED, that Jonathan M. Peterson, Curtis M. Peterson and Michael J. Peterson are appointed to the Board of Directors and each shall continue to serve until their successor is duly elected and qualified or he is removed by the shareholders of the Corporation; and it is FURTHER RESOLVED, that the following named persons are appointed to the offices set forth opposite their respective names, to serve in that capacity until their successor is duly elected and qualified: President / Treasurer: Jonathan M. Peterson Vice President: Curtis M. Peterson Secretary: Laurie Lyons The undersigned, constituting the sole Shareholder of record of the Corporation entitled to vote on the matters presented herein and the sole member of the Board of Directors, has executed this Unanimous Consent to Joint Action of the Board of Directors and Shareholders, effective April 21, 2011, Jona an M. Peterson, Shareholder & Director F:ICLIENTICdcats P1Peterson Companies, 1ncgUABuy-Sell Agreement\1 1.04,21 Unanimous Consent to Action of the Board of Directors and Sharcholdcrs.doc WARNING: THIS POWER OF ATTORNEY ES INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Path 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. 229554 Certificate No. 006272864 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 Skillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, 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 the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companieshve caused this instrument to be signed and their corporate seals to be hereto affixed, this February day of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty hum ante Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 2nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI,SfI,�) FIRE i Oi,�,,napP.00ww"vL Y �� Z t 98a�i i1 i1 �! / ��cORPORA,tyy =LE :y�pORAT�.� n aRRTFORD*A `� < 14, MK cpM})4 en 188e p ANt State of Connecticut City of Hartford ss. Ey: Robert L. Raney, enior Vice President On this the 2nd day of February 2015 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. 6�0 In Witness Whereof, I hereunto set my hand and official seal. jQ C . My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID 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 Chain=, 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 scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any 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 `mates Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and atftx-ed the seals of said Companies this 30th day of April 15 ilo� e�' Kevin E. Hughes, Assistant Sec tory rC�h}8`O1a!'"syr`(-,4\ E Qty ���}11149y �Vp� 1-p8`q'N �y'�fY A�� 1{ Y �� - H 11 � 9 ��lcPMll�>R;m We(�G��p4%x:`4' � pa , d 1482 � a+, I: }n c IWRIPOfiCa. t [�rW�GH0. 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. BIDDER:€� _,0t/41e-ile9'r+ + + Stantee DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO. I VICTORY PARK IMPROVEMENTS PROJECT NO. 193803055 CiTY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 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 Biddlno 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 Bldding Documents, and the following Addenda, receipt of all which Is hereby acknowledged: Addendum Number Addendum Date B. Bidder has visited the Site and become famifarwith 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 ail: (])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 Facifftfes) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4D6. E. Bidder has obtained and carefully studied (ar accepts the consequences for not doing so) all additional or suppiementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facllities) at, or contiguous to, the Site which may affect cost, progress, or performance o` the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, incfuding applying the specl€c 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 cons;der 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 pricefs) Bid and within the times and in accordance with the other terms and conditions of the Biddinq Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to tie Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from vlsits 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. 0 2015 Stan'ec 1 1931303055 REVISED BY ADDENDUM NO. 1 00 41 10- 1181 REVISED BID FORM 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 orwith any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the taw may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation conceming Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and 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 prtce(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 11.03.11 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. SASE BID - RECO=RUCt AREAS: 1 MOBILiZATION IS I 0 $��� $ 2 REMOVE BITUMINOUS TRAIL PAVEMENT SY 850 $ $ SD ma 3 REMOVE CONCRETE BLEACHER PAD Sy 20 $ o� $ �0or- 4 REMOVE CONCRETE CURB AND GUTTER LF 16 $ b ~ $ azo !E'-0 5 REMOVE b' CHAINLINK FENCE (INCLUDES CONCRETE LF 910 $ ' l $ o FOOTING AND POSTS) . 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POSTS LF 270 ..n $ $ g�O AND CONCRETE PADS REMAIN IN PLACE] 7 REMOVE BACKSTOP FABRiC LS 1 I $ _ rp 6 u� $ WN) tL 8 SALVAGE AND REINSTALL PARK RULES SIGN FA 1 ba $ $ 50e2~ 9 GRANULAR BORROW (CV) CY 24,70 p $ % Cj $S $— 5,-L40 alb— ®20�SStartec 1193ww55 REVISED BY ADDENDUM NO. 1 0041 10 -2(R) REVISED BID FORM W�c� r 10 AGGREGATEBASE CLASS 5-SIDEWALK/TRAIL 11 TYPE 5P 9.5 BITUMINOUS MIXTURE FOR TRAIL (2,B) 12 SITE GRADING 13 PREMIUM TOPSOIL BORROW (LV) 14 SOD, TYPE LAWN (30 INCHES WIDE) 15 IRRIGATION 16 4'SCH.40 PVC PERFORATED (FRENCH DRAIN) 17 4'SCH. 40 PVC NON -PERFORATED DRAIN TILE 18 4' SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK 19 6'SCH. 40 PVC NON -PERFORATED DRAIN TILE 20 C ALUMINUM FLARED END SECTION 21 RIP RAP, CLASS 11 22 2X3 CATCH BASIN 23 6' CHAINLINK FENCING 24 RED BALL DIAMOND ROCK 25 6' FENCE FABRIC AND RAILS 26 BACKSTOP FABRIC REPLACEMENT 27 11' ,C CHAIN LINK FENCE GATE 28 3' 6' CHAIN LINK FENCE GATE 29 7' NOMINAL SIZE POST COVERS 30 3' NOMINAL SIZE POST COVERS 31 TOP RAIL GUARD CAP 32 GEOTEXTILE FABRIC 33 SEGMENTAL BLOCK RETAINING WALL 34 CONCRETE PEDESTRIAN CURB RAMP 35 CONCRETE CURB AND GUTTER 36 TRUNCATED DOME SURFACE IN 380 $� TN 150 $ 17-!1 $ 11 ,75n LS 1 $ 1 4-oo - $ 1 oo w �� CY 1600 $_ dd dd� $ SY 9500 $ � $ 47,7-4S 7,24SLS LS 1 $_ �i1� $ LF 85 $ _ $ C �� LF 250 $ ® $ ffO LF 650 / 1 D $ 14 u,m $� LF 20 $_ $ 3 za EA 1 $ 3 i5� $ CY 3 $_ $ EA 2 $ o� 35b $ b0 ca LF 910 $� AS $ ��(s TN 50 ZQ $ S9 - $ o a. LF 270 $ y $ 40CR a LS 1 tsb $ 3ar8��or" $ EA 1 $ CJG' $ �$O EA 1 77 5� $ J s� r $ EA 22 $ 2C0�s $ 5-'Y Z-! EA 14 $ � $ lir LF 470 $ $ SY 120 $ $eeo '" SF 300.1' $ 2450 SF 40 $ �o ! $ LF 20 $ _ 00 '0 $ SF 8 $ -1�5 `= $ 44Q " ® 2015 Stantec 1 193MM55 REUSED BY ADDENDUM NO. 1 0041 10 - 3;R) REVISED BID FORM 37 CONCRETE BLEACHER PAD SY 20 $ r�... $ 7O a 38 REMOVE AND REPLACE FOUL POSTS ao EA 2 $ �9�� $ 39 SILT FENCE LF 300 $ $ 40 INLET PROTECTION EA 2 $ $ 41 STREET SWEEPER _(WITH PICKUP BROOM) HR 4 $ TOTAL BASE DIDa -4,1, �S ALTERNATE 1 - DRINIaNG FOUNTAIN 42 REPLACE DRINKING FOUNTAIN fi AND CONCRETE PAD EA 1ew TOTAL ALTERNATE 1 $ 02015S1antec 1193803055 REVSED BY ADDENDUM NO. 1 00 41 10-4TRI REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §I6C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prlme contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime cnntrnrtnr or ci ihrnntmrtnr thnt mnkpq (1 fnlea OntamPnt A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, f-------- :gam Z410 f7 //I&1_i{" (typed or printed name), (title) certify that 1 am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. {Name of the Person, Par reship or Corporation 0 �tw PermtAk I JI0 (City, Stale and Zip CgM B Signed l`1 e: H* proposal) `j 3 0 /)-1- Date 02015 Stantec 1193803055 REVISED BY ADDENDUM NO.1 0041 10 -SIR) REVISED &D FORM 6.01 Bidder agrees that the Work will be Substanfialiy Completed and compieted 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 on 2015. If Bidder is: Nyor*71 • • • Corporation Name: +l` IiV p C lt_s l641i(SEAL) State of Incorporation: i i9 Type (Gene Professional, Service, Limited Liability): By: ell (Signature) Name (typed or printed): _ a r I ° °' rltle: IP Attest (CORPORATE S EA L) {Signature of Corporate Secreforyj Business Street Address (No P.O. Box #'sl Phone No.: IK -1 Fax No.:r ?� - d � 02015 Stantec 1193803055 REVISED BY ADDENDUM NO. 1 0041 10 -SIR) REVISED BID FORM 1830 2aOrH STREET W ■ NEw PRAGUE MN 56071 CoNTRAcToR [O 0 0002492 PHONE 952.758.2108 FAX 952.756.5159 www KAWTT.COM Prime Contractor Verification Project Number/Name: Victory Park Improvements The undersigned owner/officer of K. A. Witt Construction, Inc. (Prime Contractor) herby certifies that it complies with each of the minimum criteria of Minn. Stat. 15C.285, Subd. 3 -Responsible Contractor Requirements. K.A. Witt Construction, Inc. intends to retain the following lower tier subcontractors for this project: 4 lc JI-Pri, 57o This statement shall serve as notification that K. A. Witt Construction, Inc. is in compliance with the minimum criteria required for a "Prime Contractor". I understand that it is K. A. Witt Construction, Inc's responsibility to notify companies we have contracts with if we no longer meet the criteria of a "Prime Contractor" and failure to do so may result in the termination of the contract. Dated: _ K. A. Witt Construction, Inc. Prime Contract Brandon Witt, Vice President Subscribed and sworn to before me I This - 50 day of r'/ l 2015 Notary Public I s► , ` Wiz' ��- Bid Bond CONTRACTOR: jVame, legal status and address) K. A. Witt Construction, Inc. 1530 - 280th Street West New Prague, MN 56071 OWNER: (Name, legal status and address) City Of New Hope �3n 1� t � 1 SURETY: (Name, legal status and principal place of business) Granite Ret Inc. 14001 Quallbrook Drive Oklahoma City, OK 73134 BOND AMOUNT: Five Percent of the Bid Amount (59/6 of Bid Amount) PROJECT: Victory Park Improvements (Name, location or address, and Project number, if any) Bond No. RB0060827 This document has Important legal consequences. Consultation with an attorney Is encouFaged with respect to Its completion or modlflcat:on. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and other Ase acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof-, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 22nd day of April, 2015 (Witnesm) (Witness) __i;ii ./ (Principal) (Title) Granite Re. Inc. (Surety) (Titte)Troy Staples i ttorney-In-Fact v, Y+A IJ !i .,:.: -Aim,ld •kmark X0,6j,trJli&Jl AJd Cu[mJrrLP::r ritizio e.0. ihati! Init AIA Document A31011I.— 2010. Copyright ®1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. .O=' TE! Y., is Ct _ U. A., Cltl t Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright0aia.mg. 051110 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On tills day of in the year before me personally come(s) to me known and known to me do be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he ,^ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) state of County of p ) On this day of in the year before me personally come(s) a member of the co -partnership known and known to me to be the person wbo is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) state of -,eVj'naz.S d3t) County of -1�'Co-ff ) On this '40 day of N OP of the in the year -'WeS7- before me personally corne(s) -, to me known, who, being duly swum, deposes and says that he Is the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order, SUSAN ELAINE FAIRRENDORFF. 't NOTIIRY>'UBX-M*00TA Notary Public .� �1YCami�u►F�nu�ay31,2U62(S^� ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 22nd day of April, in the year 2015, before me personally come(s) Troy Staples, Attomey(s)-in-Fact of Granite Re. Inc, with whom I am personally acquainted, and who, being by me duly swom, says that he is (are) the Attomey(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order, a TONI L FCRRILL Notary Public NOTARY PUBLIC " Y*" MINNESOTq �kE , W Commission Ex i p res Jan. 37, 2017 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies -and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 271 day of February, 2015. Kenneth D. Whittington, President STATE OF OKLAHOMA ) S 6 A L SS: COUNTY OF OKLAHOMA ) Kylek. McDonald, Treasurer On this 27`s day of February, 2015, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretaryr-reasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. A� e My Commission Expires: August 8, 2017 ya Commission #: 01013257oP NotakPublic GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 22nd day of April, 2015. REAL Kyle P. McDonald, Secretary/Treasurer ® Stantec BIDDER: Rachel Contracting, IIIc. DOCUMENT 00 41 10 REVISED BID FORM REVISED BY AD DEN DUMNO. 1 VICTORY PARK IMPROVEMENTS PROJECT NO. 193803055 CITY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 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 2.OT 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 identlfied in the Bidding Documents, and the following Addenda, recelpt of all which is hereby acknowledged: Addendum Number Addendum Date 04/28/2015 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work, D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02 and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not considerthat any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as Indicated in the Bidding Documents. 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. 0 2075 Stantec 1 193803055 REVISED BY ADDENDUM NO.. 0041 10-1(R] REVISED BID FORM I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid Is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or fine to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an Investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such Investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict BLdder'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 11.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Unifx Qty Unit Price Total Price BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION 2 REMOVE BITUMINOUS TRAIL PAVEMENT 3 REMOVE CONCRETE BLEACHER PAD 4 REMOVE CONCRETE CURB AND GUTTER 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE FOOTING AND POSTS) 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POSTS AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FABRIC 8 SALVAGE AND REINSTALL- PARK RULES SIGN 9 GRANULAR BORROW (CV) LS 1 $ 15,000.00 $ _ 15,000.00 SY 850 $ 5.00 $ 4,250.00 SY 20 $ 13-00 $ 260.00 LF 16 $ 24.00 $ 384.00 910 $ 5.00 $ 4,550.00 LF 270 $ 7.00 $ 1,890.00 LS 1 $ 1,400.00 $ 1,400.00 EA 1 $ 500.00 $ 500.00 88' CY 2400 $'�"$ 12..00 ?.�t800.o0 0 2015 Stentec 1193803055 REVISED BY ADDENDUM NO. 1 00 41 10 - 2(R) REVISED BID FORM 10 AGGREGATE BASE CLASS 5 - SIDEWALK/TRAIL TN 380 $ 27.00 $ 10,260.00 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL (2,B) TN 150 $ 110.00 $ 16,500.00 12 SITE GRADING LS 1 $� $ 315 r0w 13 PREMIUM TOPSOIL BORROW (LV) CY 1600 $ S?).50 $ 2.1 y (000- 14 SOD, TYPE LAWN (30 INCHES WIDE) SY 9500 $ 55.10 $ .00 15 IRRIGATION LS 1 $ 201000.dO $ 20io00.00 16 4'SCH.40 PVC PERFORATED (FRENCH DRAIN) 85 $ 18.00 $ 1,530.00 17 4' SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 250 $ 9.00 $ 2,250.00 18 4' SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK LF 650 $ 12.00 $ 7,800.00 19 6' SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 20 $ 8.00 $ 160.00 20 C ALUMINUM FLARED END SECTION EA 1 $ 300.00 $ 300.00 21 RIP RAP, CLASS II CY 3 $ 175.00 $ 525.00 22 2x3 CATCH BASIN EA 2 $ 2,600.00 $ 5,200.00 23 6' CHAINLINK FENCING LF 910 $ 21.00 $ 19,110.00 24 RED BALL DIAMOND ROCK TN 50 $ 120.00 $ 6,000.00 25 6FENCE FABRIC AND RAILS LF 270 $ 28.00 $ 7,560.00 26 BACKSTOP FABRIC REPLACEMENT LS 1 $ 8,600.00 $ 8,600.00 27 11' 4' CHAIN LINK FENCE GATE EA 1 $ 1,300.00 $ 1,300.00 28 3 6' CHAIN LINK FENCE GATE EA 1 $ 1,000.00 $ 1,000.00 29 7 NOMINAL SIZE POST COVERS EA 22 75.00 $ 1,650.00 30 3' NOMINAL SIZE POST COVERS EA 14 $ 110.00 $ 1,540.00 31 TOP RAIL GUARD CAP LF 470 $ 7.00 $ 3,290.00 32 GEOTEXTILE FABRIC SY 120 $ 5.00 $ 600.00 33 SEGMENTAL BLOCK RETAINING WALL SF 300 $ 55.00 $ 16,500.00 34 CONCRETE PEDESTRIAN CURB RAMP SF 40 $ 12.00 $ 480.00 35 CONCRETE CURB AND GUTTER LF 20 $ 70.00 $ 1,400.00 36 TRUNCATED DOME SURFACE SF 8 $ 100.00 $ 800.00 0 2015 Slantec 1193803055 REVISED BY ADDENDUM NO, 00 41 10 - 3(R) REVISED BID FORM 37 CONCRETE BLEACHER PAD 38 REMOVE AND REPLACE FOUL POSTS 39 SILT FENCE 40 INLET PROTECTION 41 STREET SWEEPER (WITH PICKUP BROOM) TOTAL BASE BID ALTERNATE 1 - DRINKING FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD T07AL ALTERNATE 1 SY 20 100.00 $ 2,000.00 EA 2 $ wo-o $ 9�,cm- LF 300 $ 3.00 $ 900.00 FA 2 $ 500.00 $ 1,000.00 HR 4 $ 200.00 $ 800.00 � 314,939.od EA 1 $ $T000.00 $ %om-o0 $ om •®C] ® 2015 Stantec 1 193803055 REVISED BY ADDENDUM NO. 1 DO 41 10 - 4(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $30,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who falls to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime rnnfrnr.fnr or a jhcnntrnrrtnr thnt mnkPs n fn[tP gtntpmpnt A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of anv tier pursuant to subdivision 3, clause 7. By signing this statement, 1, Matthew Coz (typed or printed name), President (ittle) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed Rachel Contracting, Inc. (Name of fhe Person, Partneship or Corporation submitting this proposal) 4125 Napier Court NE (Business Address) St. Michael, MN 55376 (City, State and Zip Code) j or 04/30/15 Dafe G 2015 Stantec 1193803055 REVISED BY ADDENDUM NO. T 0041 10-5(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 following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: SUBMITTED on April 30th 2015. Corporation Name: Rachel Contracting, Inc. (SEAL) State of Incorporation: Minnesota Type (General By: Name (typed or printed): Service, limited Matthew Coz General Business Title: President Attest (CORPORATE SEAL) Donald hel { stature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 4125 Napier Court NE, St. Michael, MN 55376 Phone No.: 763-424-1500 Emal. mcoz@mchelcontracting.com Fax No.: 763-424-1501 0 2015 Stantec 1193803055 REVISED BY ADDENDUM NO. 1 0041 10-6(R) REVISED BID FORM RACHEL C O N T R A C T I N G April 30, 2015 Regarding: Evidence of Authority to Sign for Rachel Contracting, Inc. To Whom It May Concern: 4125 Napier Court NE St. Michael, MN 55376 omca 763.424.1500 rax: 763.424.1501 a wwrachekontracting.corn Please note that Rachel Contracting, Inc is a registered corporation in the State of Minnesota formed/filed January 11, 2006. The following persons have authorization to sign documents in the name of Rachel Contracting, Inc.: Donald J. Rachel — Chief Executive Office, Secretary, and Treasurer Matthew Coz — President • Mark A. Kraemer — Vice -President Respectfully Yours, Matthew Coz President Rachel Contracting, Inc. 7632¢1500 (phone) 763-424-1501 (fax) CONM1ITTED TO PROFESSIONAL CONSTRUCTION EXCELLENCE AND SAFETY THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Rachel Contracting, Inc. 4125 Napier Court N.E. St. Michael, MN 55376 as Principal, hereinafter called Principal, and North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% -), for the payment of which sura well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here Insert full name, address and description of project) Victory Park Improvements Project - City Project No. 442 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, ot%rmse to remain in full force and effect. Signed and sealed this 30th day of _ April , Rachel Contracti g, In (Principal) W'j�� PJnQL , — (Witness) 6 . — ittiltEw C , (Title) f North American Specialty Insurance Company (Surety) (Seal) (Witness) f 4 (Title) Brian J. Oestreich ,Attorney in Fact DOCUMENTAIA 1Q—BID BOND — IA - 1970ED—THEAME INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 26008 CORPORATE ACKNOWLEDGMENT State of Minnesota ss County of Wright ) On this 30th day of April 2015 , before me appeared MA�ww Cbl- , tome personally known, who, being by me duly sworn, did say that he/she is they"m1dE nt- of Rachel Contracting. Inc. _ , 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 cof— acknowledged said instrument to be the free act and deed of said corporati n. n R SHELLY A. JUUi+ Notary Public t County, NOTARY PUBLIC -MINNESOTA tMy commission expires __ -F5 My Commission Expires Jan. 31, 2017 SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 30th day of _ April 2015 , before me appeared Brian J. Oestreich , tome personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American Specialty Insurance Company . a corporation, that the seal affixed to the foregoing instrument Is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestrelch acknowledged said instrumentto be the free act a deed of said corporation. a RACHEL THOMAS Notary Public Ramsey County, Minnesota www RAM. MyCommisaicn Expires My commission expires 1/31/2020 * January 31, 2020 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: BRUCE N. TELANDER, R.W. FRANK, DONALD R. OLSON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOFTIS, TINA L. DOMASK, BRIAN J. OESTREICH, LINDA K. FRENCH, RACHEL THOMAS, NICOLE NELSON, SANDRA M. DOZE, JOHN W. WALSH, BETSY WRIGHT, JEROME T. OUIMET, KURT C. LUNDBLAD, JACK CEDARLEAF II, D.R. DOUGHERTY and CHRISTINE M. HANSEN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9a of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the sea] of the Company, and it is FURTHER RESOLVED, thafthe signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." a�111trY q// Dunn Pr� �Ggg� ON F t� By A SFAL Wnwur L : m � Steven P. Anderson, Senior Vice President or Yiogton International Ianee Company gg T SEAL Qtr q & Swior Vice President of North American Specialty Insurance Company Qc .rn rusfa+ By David M. Layman, Vice PreddeOt of Washington International Insurance Company & Vice Preddent of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this17th day of AFHI 2013 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of April ' , 20 13 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "�OFFX3AL SEW DONNA D. SKLENS Notary Public, State of Illinois Donna D. Sklens, Notary Public MY CaasuniSdon Bltpiles 10/06015 1, Jeffrey Goldberg 'e duly elected Assistant Secreta of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of� April 12015 Jeffrey Goldberg,M c President & Assistant Seav" of Washington international Insurance Company & North American Specialty Insurance Company (3 5tantec bOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO. 1 VICTORY PARK IMPROVEMENTS PROJECT NO. 1938033055 CITY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Won Avenue North New Hope, MN 55428-4898 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 al: 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 otI.er terms and conditions of the Bidding 2.01 Bidder accepts oil of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposiflon 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 th=.s Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Doc:urrlents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number I Addendum D Ig I B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as tool' federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied al:: (1) repors of explorations and tests of subsirface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relatlr.g to existing surface or subsurface structures at, or contiguous to, the Sate (except Underground Facilities) which have been identified it SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have beer identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences For not doing so) all additlona! or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (s:.Ir°ace, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performcnce of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of constriction to be employed by Bidder, including opp!ying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precojtior.s and programs incident thereto. F. Bidder does not consider that any further examinations, Investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices) Bid and within the Times and in accordance with the other terms and conditions of the Biddina Documents. G. Biader is aware of the genera nature of wore to be performed by Owner and others at the Site that relates f_a the Work as indicated in the Bidding Documents. H. Bidder has corrected the information known to Bidder, information and observatlors obtained from Vsits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, stuaies, and data with the Bidding Documents. 0 3715 5tantec i 193803055 REVISED BY ADDENDUM NO. 1 0041 10-1(R) REVISED BCD FORM I. Bidder has given Engineer written notice of a i conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the B`dding Documents, and the written resolution fhereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of a'l terms and conditions for the performance of the Work for which the Bid is submitted. K. Bidder will submit written evidence of i!s authority to do business in the state where the Project is located not later than the date of il.'s execution of the Agreement. 4.01 Bidder Further represents that,: A. The prices in this Bid have been arrived at independently, without consu;totion, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting B. The prices it this Bld have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit or evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Conditions 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 actua? quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Pdce Total Price BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION 2 REMOVE BITUMINOUS TRAIL PAVEMENT 3 REMOVE CONCRETE BLEACHER PAD t REMOVE CONCRETE CURB AND GUTTER 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE FOOTING AND POSTS) 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POSTS AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FA3RIC 8 SALVAGE AND REINSTALL PARK RULE5 SIGN 9 GRANULAR BORROW (CV) LS 1 $ l IZSt7o Sy 850 $ 0 Sy 20 $ LF ' 6 $- LF 910 $ • �� LF 270 $ 4. Zb LS 1 $ lSZs-, OC? EA i $ 9WO- 00 CY 2400 $ 11. 65' $ J In- vo $ 21,1000 $S� =00 $ 32v, w $ 6os-I.So $ $ 52, 00 $ co $ r 9Gn. exp 020155tortec 1193603055 REVISED BY ADDENDUM NO. 1 00 41 10 - 2(R) REVISED BID FORM 10 AGGREGATE BASE CLASS 5-SiDEWALK/TRAIL 11 TYPE SP 9.5 81TUMINOUS MIXTURE FOR TRAIL PB) 12 SITE GRADING 13 PREMIUM TOPSOIL BORROW (LV) 14 SOD, TYPE LAWN (30 INCHES WIDE) 15 IRRIGATION 16 4"SCH. 40 PVC PERFORATED (FRENCH DRAIN) 17 4" SCH, 40 PVC NON -PERFORATED DRAIN TILE 18 4" SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK 19 6" SCH. 40 PVC NON -PERFORATED DRAIN TILE 20 C ALUMINUM FLARED END SECTION 21 RIP RAP, CLASS II 22 2X3 CATCH BASIN 23 6' CHAINUNK FENCING 24 RFD BALL DIAMOND ROCK 25 6 FENCE FABRIC AND RAILS 26 BACKSTOP FABR'.0 REPLACEMENT 27 11'4" CHA N LINK FENCE GATE 28 36" CHAIN LINK FENCE GATE 29 2' NOMINAL SIZE POST COVERS 30 3" NOMINAL SIZE POST COVERS 31 TOP RAIL GUARD CAP 32 GEOTEXTILE FABRIC 33 SEGMENTAL BLOCK RETAINING WALL 34 CONCRETE PEDESTRIAN CURB RAMP 35 CONCRETE CURB AND GUTTER 36 TRUNCATED DOME SURFACE TN 380 $ 21f • 65' $ --2-U-7.00 TN 150 $ 1 Z • Zs- $ B 90 LS $ to -110.00 $ oro . v0 CY 1600 $ 46.25- $ -14 )oo,00 SY 9500 $ � • a $ 10-7g oo LS , s $ '191w- gra ; I 1100, L �s LF 85 $ 32-00 $ 3730.00 LF 250 $ 2-1 •exp $ 6 [ Q.00 LF 650 $ Z. OD $ C i s©. w LF 20 $ r Soo. oo EA 1 $ K'00. 00 $ CY 3 $SO. Ot9 $ sQ. (Uo EA 2 $ 2250.00 $ So -0 00 LF 910 $ _ 2D. 60 $ V If3. TN 50 $ 10-7.00 $ ��- LF 270 $ `�• �-S $ �131•Sa LS I $ 'I $ •1219 60 EA 1 $ 1`60- 00 $ 60.00 EA 1 $ SW. 06 $ S10.00 EA 22 $ 30,00 $ 60• Oo EA 14 $ 7%.00 $ 00 LF 470 $ 2.6�- $ Sv SY 120 $ 5.00 $ a0. GiJ SF 300 $ 24.5 $ -1+; SF 40 $ 2j 1. oo �s.,00 $�`.u0 LF 20 $ 4 Z. O c) $ g4o. Qd SF 8 $ 4z. oo $ 336.00 02D155tantec 11938OW55 REVISED BY ADDENDUM NO. 1 00 41 10 -3(RI REVISED BID FORM 37 CONCRETE BLEACHER PAD 38 REMOVE AND REPLACE FOUL POSTS 39 SILT FENCE 40 INLET PROTECTION 41 STREET SWEEPER (WT'H PICKUP BROOM) TOTAL BASE BID ALTERNATE T - DIUNIONG FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD TOTAL ALTERNATE 1 SY 20 $ 7-00.00 $ -- �P . bD EA 2 $ 310.00 $10.00 LF 300 $ EA 2 $ `L 0,00 $ �00,op HR ` 4 $ S-0. 00 $ _ 1 r000,00 35-19". 00 g.1 EA 1 $ S00. 0® $ 9 S00. L)0 $ 8Sao. no 0 2015 Stantec 1 1938030.55 REVISED BY ADDENDUM NO. 1 00 41 10 - 4(Rj REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime r'nntrnrtnr nr a lhrnntrnrtnr that mn1I n fnlca OntPmF?nt A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of anv tier pursuant to subdivision 3, clause 7. By signing this statf meet, I, (typed or printed name), �L P Pres: l,a.4 (title) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed S L4M (Name of the or Corporafion submiffing this proposal) ?'00to Ave.. /Jong (Business Address) (City, State and Zip Code) or representative) +3ors Da e 02D15Stanfec 1 193803055 REVISED BY ADDENDUM NO. 1 0041 10-5(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 1 A.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 I'cuidated damages in the event of W!ure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.0' The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent.. 5.01 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 2015. If Bidder Is: -7i— IM& Corporation Name: JU-AF-0[-#v\ [}ra SEAQ State of Incorporation: AtA&—S-Vlk Type (Geal Business, Professional, Service, Limited Liability): {'—'emr OUSI ^t.SS By:V'44�� (Signature) Name (typed or printed): Title: doc_e Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business S!reet Add I ess NQ P.O. B'qx #'s 2Cx)lo '7S'Y"`� Hde. N®rr MAI S -5-34o Phone No.: Email: f 01..�h 1r'1SiYUC1'flA�e�1�', Cop—, b 2015 Staniec 1 193803055 REVISED BY ADDENDUM NO. 1 0041 10-6(R) REVISED BID FORM UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Bid Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) SUNRAM CONST RUCTION INC United Fire & Casualty Company 978 Second Avenue SE P.O. Box 73909 20010 75TH AVE N, CORCORAN, MN 55340 Cedar }rapids, Iowa 52407 OWNER: (Name, legal status and address) CITY OF NEW HOPE This document has important legal consequences. Consultation with an attorney is 4401 XYLON AVENUE N, NEW HOPE, MN 55428 encouraged with respect to its completion or modification. BOND AMOUNT: Five Percent of the Bid Amount Any singular reference to Contractor, Surety, PROJECT: (Name, location oraddress, and Project number, d any) Owner or other party shall be considered plural where applicable. VICTORY PARK IMPROVEMENTS The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner ar,d Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, they this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shad be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heref;om ar.d provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the 'stent is that this Band shall be construed as a statutory bond and rot as a common law bond. Signed and sealed this 30th day of April 2015 (Witness) I INWWtI �i'ii (Witness) SUNRAM CONSTRUCTION :NC 111:L- W (P ncipal) (Seal) �.,ST - (Title UNITED FIRE & CASUALTY COMPANY (Surely) (Seal) Attornev ;n Fact Nicole M. Cotv (Title) CONT0525 (072010) The :anguage it this document conforms exacCry to the language used in AIA Document A31 C 2010 edition. CORPORATE ACKNOWLEDGMENT STATE OF P4 INN ESUT19 COUNTY OF P)ENNEPI N On the 30th day of April 2015 , before me personally appeared , LeF_ 5UNRAM to me, who being duly sworn, did depose and say: that s/he resides in % )AIAI1f-S- Q A that s/he is the P sSm -f of the Sunram Construction Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the sea; affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. (SE ANNETTE MARIE SHIERTS rlii'I�, NOTARY PUBUC Notary Public STATE OF MINNESOTA MY COMMISSION EVIRES JANUARY 31, 2020 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 30th day of April 2015 before me personally appeared, Nicole M. Coty to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of United Fire & Casualty Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and ed of s id corporation. (SEAL) , Notary Public DORT1 EA KAY siWF'A ul;vw"I Notary Public Wilma Er• a,r�r,isaion Ex ' danu 31 2049 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Bond No.:0001476 i UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX Obligee: 01TY OF NEW HOPE 4401' XYLON AVENUE N NEW HOPE, FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA MN 55428 Uf) CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint NICOLE M. COTY, OR M. A. JONES, D. SOBASZKiEWICZ, ALL INDNIDUALLY Of 2010 CENTRE POINTE BLVD PO BOX 64016 MENDOTA HEIGHTS, VIN 55120 their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $10,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authofitj hereby granted shall expire August 29th, 2015 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY, "Article VI—Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory uistruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set foi h in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS Vi NFREOF, the COMPANIES have tach caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this l3th day of April 12015 .......... UTED FIRE & CASUALTY COMPANY PO'M cuaroQATe ` �S COR IT , m4j,T Fo UNITED FIRE & INDEMNITY COMPANY $= - ar sr,yy. �eac FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Lirn, ss: Vice President On this 13th day of A,uri' 2015 Leibre me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of i KITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations di .scribed in and which executed the above instrument; that he knows the seal of said corporations; that the sea; affixed to the said instrument is such corl,oi ate seal; that it was so affixed pursuant to authority given by the Board of Directors f said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations cP Judith A. Davis Iowa !Notarial Seal Notary Public • -` Commission number 173041 My commission expires: 4/23/2015 o„ rk My Commission Expires 4/23/2015 1, David A. Lange, Secretary of UNITED Fl la: & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of' he bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF S -UD CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said or'.ginals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof! have hereunto subscribed my name and affixed the corporate seal of the said Corporations. this 3Qth day of Apr; _ 17015— ?+ CORL aATC 'Q4j••, ,n'� _ i Ci7ilP0RA7t TSL �Y� .LY 72 �.n' By 'unr,O+Yd``. SCAT. ,6 �� a �•-c��;FOAa`�.��°_ Secretary, OF&C Assistant Secretary, OF&I/FPIC BPOA0053 0813 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 (10 5tantec DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. 1 VICTORY PARK IMPROVEMENTS PROJECT NO. 193803055 CITY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 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'ndicated 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 Biddinq 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security, The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number I Addendum Date e Id, x(11 S 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 sat'sfied as to all federal, state, and loca; Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of exp;orations and tests of subsurface conditions at, or contiguous to, the Sate 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 addfional or supplementary examinations, investigations, explorations, tests, studies, and data concerning cond'tions (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 spec<flc means, methods, techn'ques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident `hereto. 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 'he times and in accordance with the other terms and conditions of the Biddina Documen's. G. Bidder is aware of the general nature of work to be performed by Owner and others at fhe 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 :n the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 0 2015 Stantec 1193603055 REVISED BY ADDENDUM NO. 1 00 41 10 - 1(R) REVISED BSD FORM I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer a' the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to 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. knit Prices have been computed in accordance with Paragraph 1 1.03.B of the General Conditions Bidder acknowledges that estimated quantifies are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. Na. Item Univ Qty Unit Price Total Price BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION LS i $ �� 2 REMOVE BITUM;NOUS TRAIL PAVEMENT SY 850 3 REMOVE CONCRETE BLEACHER PAD Sy 20 $ 4 REMOVE CONCRETE CURS AND GUTTER . F 16 $ 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE LF 910 $ i .'- FOOTING AND POSTS) 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POSTS LF 270 $ v� AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FABRIC LS 1 $ [ G G 8 SALVAGE AND REINSTALL PARK RULES SIGN EA $ ' d O[ 150k w 9 GRANULAR BORROW (CV) CY 2400 $ 0 2015 Stantec 1 193803055 REVISED BY ADDENDUM NO. 1 00 41 10 - 21R) REVISED BID FORM 10 AGGREGATE BASE CLASS 5-SIDEWALK/TRAIL TN 380 ew $'a�_ 'it $ 1__'4_3 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL (2,B) TN 150 $ 1_ 0 Cl✓ $ ? J 12 SITE GRADING LS 1 G=am $1T- �G $ 121'- 13 PREMIUM TOPSOIL BORROW (LVJ CY 1600 a! v $ OJ $, a k� 14 SOD, TYPE LAWN INCHES WIDE) ��p G J Yr 50 (30 SY 9500 $ $_ J� 15 IRRIGATION LS T $ �! �/ $ �� el J -o 16 4" SCH. 40 PVC PERFORATED (FRENCH DRAIN) LF 85 $ $ T7 4"SCH. 40 PVC NON DRAIN TILE 5t 510 -PERFORATED LF 250 $ $ - f 18 4" SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK LF 650 $ T9 6' SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 20 $ 20 6' ALUMINUM FLARED END SECTION EA 1 $ /(J-7$ t-lY3'u 21 RIP RAP, CLASS II CY 3 $ 3 91 CJw 22 2X3 CATCH BASIN EA 2 $ $ 1-7U °� "r 23 6' CHAINLINK FENCING LF 910 $ v l u 4; 3 r rvu 5 J 24 RED BALL DIAMOND ROCK TN 50 $ $ 25 6' FENCE FABRIC AND RAILS a ;. 270 �OR $ r $ �l r �j otiJ15 � ��`2 26 BACKSTOP FABRIC REPLACEMENT LS 1 $ / $ T76 DJ '1'3 6 DJ 27 11' 4" CHAIN LINK FENCE GATE EA 1 $ $ 28 V r d 7d 3 U � 3'6" CHAIN LINK FENCE GATE EA ; $ $ D 7u �V 63 r 29 2' NOMINAL SIZE POST COVERS EA 22 $ $ (,� u =J ! -r Es u y 30 3" NOMINAL SIZE POST COVERS EA ; 4 $ $ -? 1,365 3 0� 31 TOP RAIL GUARD CAP LF 470 $ $ ctlu ����� 32 GEOTEXTILE FABRIC ABRIC SY 120 $ o 5� J$ 33 SEGMENTAL BLOCK RETAINING WALL SF 300 $ 34 CONCRETE PEDESTRIAN CURB RAMP SF 40 $ o J 'u $ 13 r f 136 35 CONCRETE CURB AND GUTTER LF 20 $ $ q'ti '4� y� 36 TRUNCATED DOME SURFACE SF 8 $ _ $ 0 2015 Startec 1 193803055 REVISED BY ADDENDUM NO. 1 00 4110 - 31R1 REVSED BID FORM 37 CONCRETE BLEACHER PAD SY 20 $ � p `u r� bJ 9A6 to 38 REMOVE AND REPLACE FOUL POSTS EA 2 $ $ �v v� �i wo ✓ 39 SILT FENCE LF 300 $ $ Z,,35 40 INLET PROTECTION EA 2 — 5 TSO 41, STREET SWEEPER (W;TH PICKUP BROOM) HR 4 $ TOTAL BASE BID QQ -=, 737 4`�t�, 3��. to crz�l ALTERNATE i - DRINKING FOUNTAIN � � 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD EA 1 $1 $ to, .150� TOTAL ALTERNATE 1 / Su $! v I a Sa I ® 2015 Stantec 1 193803055 REVISED BY ADDENDUM NO. 1 00 41 10 -4(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § I6C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § ] 6C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligib'.e to be awarded a construction, consract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime r.nntrnrtnr nr ei ihrnnfmHnr thnt mnlrac n fnkP z4nti-mpnf A prime contractor sha:l submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of anv tier pursuant to subdivision 3, clause 7. By signing this statement, I, 'J5n_5" n �• , ,,typed or printed name), 1 ! P (title) certify that l am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed �� &- C,:) (Name of the Person, Portneship or Corporation s 0 �r ��6`1 (Business h. L proposo)) e L �11411 J -531(o (City, State and Zip Code) (Bidder or representative) 7�fo Date 0 2015 Staniec 1 193803055 REVISED BY ADDENDUM NO. 1 0041 10-51R) 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 14.07.13 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 conditon 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. th SUBMITTED on M, f 3 U 2015. If Bidder Is: Corporation Name: 01% �. ro'tr-4C-+ , lK L (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): " G 11 4 I By: (Signature) Nome (typed or printed): h Lot Title: V Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): L'VI XLz IDte^-/1 Al fi�`10 Phone No.: 76 � 17 0 —'I f'j � Fax No.: 76 7—* 7) o 7 =mai.: lot 0 2015 Stantec 1 193803055 REVISED BY ADDENDUM NO. 1 0041 10-6[R) REVISED 31D FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we G.L. Contracting, Inc. 4300 Willow Drive Medina, MN 55340 as Principal, hereinafter called Principal, and International Fidelity Insurance Company One Newark Center Newark, NJ 07102-5207 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total 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 (Here insert full name, address and description of project) Victory Park Improvements Project - City Project No. 942 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of A rll , 2015 . G.L. Contracting, Inc. qncipal)-(Seal) (Witness) ` (Title) (Witness) International Fidelity Insurance Company (Surety), (Seal) le) shua R. Loftis ,A ney in Fac AIA ME 310-B No - AIA 0 - FEBRUARY 1970 ED - THE AM LHIUAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of ) ss County of On this 30th day of April 2015 , before me appeared �pn Svcv-50- , to me personally known, who, being by me duly sworn, did say that he/she is the V; cc fires, bc' i - of G.L. Contracting, Inc. _ , 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 7:).r4 acknowledged said instrument to be the free act and deed of said corporation. DOUGLAS JAMBS SV1 OtMN o :� i4• NOTARY PUBLIC :.;,_ a MINNESOTA Notary Public_ ��� County �``� Fdlycurm►iis�wnEsrpke.Jsn's1'1o14 My commission expires�� sea+ SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 30th day of April 2015 , before me appeared Joshua R. Loftis , to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of International Fidelity 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 Joshua R. Loftis acknowledged said instrument to be the free act and deed of said corporation. ■ i NICOLE MARIE STILLINGS Notary Public Dakota County, Minnesota IS. NOTARY PUSUC - MINNESOTA My Commission Expires My commission expires 1/31/2020 January 31, 2020 W Tel(C73)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office In the City of Newark, New Jersey, do hereby constitute and appoint 4 CRAIG REMICK, KURT C LUNDBLAD, R SCOTT EGGINTON, DR DOUGHERTY, JOHN E TAUER, JACK CEDARLEAF ll, BRUCE N TELANDER, R W. FRANK, DONALD R OLSON, LINDA K FRENCH, 1 NICOLE STILLINGS, RACHEL THOMAS, JOSHUA R LOFTIS, BRIAN J OESTREICH, SANDRA M DOZE, LIN ULVEN, MELINDA C BLODGETT, JERRY T OUIMET f Minneapolis. MN their true and lawful attorney(s)-in-fact: to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writrls obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute n ilii rggutRtion contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said iNtE AA ONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -taws of INTERNATIONAL. FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted bythe Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201-0 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000 "RESOLVED, that �1 the President, Vice President Executive Vice President or Secreta of the Corporation shall have the to point, and to revoke the appointments of, �ttomeys-in-Fact or agents wlih power and authority as defined or limited in their respective powers of a may, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the naiuxe thereof or related thereto, and (2) any such Officers of the Cc oration may appoint aril revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation, and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given ttaar the execution of any bond, undertaking recognizance contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation: to be valid and binding upon the Corporation with the same force and effect as though manually affixed " IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014 pi94 r STATE OF NEW JERSEY F/LlCCO36 County of Essex r ROBERT W MINSTER ' Executive Vice President(Chief OCperaling Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and. being by me duty sworn said he is the therein described and authorized offrcerof INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, i have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written • A NOTARY PUBLIC OF NEW JERSEY My Commosion Expires April 16. 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have cornpared the foregoing copy of the Power of Attorney and affidavit. and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, have hereunto set rry hand this 30th day of Aprii , 2015 MARIA BRANCO, Assistant Secretary COUNCIL REQUEST FOR ACTION 411 Originating Department Approved for Agenda Agenda Section Parks and Recreation May 11, 2015 Development & Planning Item No. By: Susan. Rader, P&R Director By: Kirk McDonald, City Manager 8.2 Resolution awarding low bid of $273,981.64 to Peterson Companies, Inc. for Victory Park field and trail improvements (im rovement project no. 942) Requested Action Staff requests approval of a resolution awarding a contract for the improvements to the softball field and trail at Victory Park (project #942) to the lowest responsible base bid, Peterson Companies, Inc. in the amount of $273,981.64. On March 23, 2015 the City Council approved the plans and specifications and authorized bids for the project. It is anticipated that work would begin late summer with the majority of the project being completed by late fall. Background Victory Park was built in 1991 in a wetland area and was built as a second lighted athletic field complex for city use. In addition to the softball field, a soccer field is also located at Victory Park and is used mainly for rentals. Over the years, a swale developed in center field and the right field started to sink slightly. In 2007, minimal work was done to correct the problem of a swale, but the decision was made to do nothing further with the right field area. Since 2007, the area has continued to sink, resulting in the need for further improvements. Staff met several times with the city engineer to discuss the options for fixing the right field area. The fencing, backstop, lighting, scoreboard and trail were also evaluated. However, due to the estimated costs associated with all of the items and the limited resources, staff prioritized the items to establish what needed to be done with this project and what could wait until a later project. The field work will include raising the elevation of right field and improving the drainage. For safety purposes, restoration of the entire outfield will need to be done with grading work, topsoil, sod and irrigation reconfiguration or replacement. The use of sod, rather than seed, is needed in order for play to resume on the field next spring. MOTION BY SECOND BY TO:1S�. I:\ RFA\P&R\PARKS\20151R-942 Victory Park Field Approve Bid.docx Request for action, Page 2 May 11, 2015 It was determined that in addition to the specific field work, the fencing and trail needed replacement. In several areas, the fence is failing, including the concrete strip below the fence. In an attempt to keep costs lower, the poles currently being used for the backstop will remain and only the fencing will be replaced. The trail that connects the parking lot, softball field and soccer field is in poor shape and will need to be replaced. It will also be impacted by the raising of right field. The Victory Park softball field is one of two lighted fields used by adult softball teams who play in the New Hope Parks and Recreation -sponsored summer and fall leagues. The leagues include 65 to 70 teams each year and have more than 1200 players participating. The men's and co-rec leagues use the softball field from late April through early August, Monday through Thursday and Sunday evenings. From August through October, fall leagues use the field Monday through Wednesday evenings. Softball league registration in 2014 was $50,000. In addition to the city -sponsored leagues, the field is used for the Duk Duk Daze Softball Tournament, a few Cooper High School Fastpitch games, and other rental groups. Recommendation It is the recommendation of staff and the city engineer that the City Council award the low base bid of $273,981.64 for the field and trail project to Peterson Companies and not include Alternate 1, which was a new drinking fountain and concrete work. Staff has determined that the drinking fountain work can be done in- house. Although the city has not previously worked with Peterson Companies, they have worked with Stantec/Bonestroo and the experiences have been positive. Athletic fields are one of their areas of expertise and they have provided a list of recently completed projects. Funding This project is included in the 2015 CIP and the 2015 Park Infrastructure budget as shared .with the Council during 2015 budget discussions. The budgeted amount was $200,000 for the field work and an additional $40,000 for trail work. For the plans and specifications, the engineer's estimate for the total project cost was $240,000. The construction cost low bid of $273,981.64, plus the indirect costs of approximately $40,018 will bring the total projected project cost to $314,000, which is $74,000 over the engineer's estimate. An additional $70,000 could be used from 2015 funds earmarked for repair and replacement of park lights, with a $4,000 reduction in another 2015 line item. Funding is available in the Park Infrastructure Fund which is levy funded each year. The cost breakdown of the full project: I:\RFA\P&R\PARKs\20151R-942 Victory Park Field Approve Sid.docx Engineer Estimate Projected Base $193,000.00 $273,981.64 Alternate 1 $ 6,500.00 AO Indirect Costs $ 40,500.00 $ 40,018.36 Total $240,000.00 $314,000.00 I:\RFA\P&R\PARKs\20151R-942 Victory Park Field Approve Sid.docx Request for action, Page 3 May 11, 2015 Attachments Resolution Letter from Chris Long, City Engineer Plan Sheets of Victory Park Improvements Copy of the quote tabulation Peterson Companies, Inc. recently completed projects 2015 Park Infrastructure CIP listing Aerial of Victory Park I:\RFA\P&R\PARKS120151R-942 Victory Park Field Approve Bid.docx City of New Hope Resolution No. 15- 82 Resolution awarding low bid of $273,981.64 to Peterson Companies, Inc. for Victory Park field and trail improvements (improvement project no. 942) WHEREAS, funding is available in the park infrastructure fund for the field and trail improvements at Victory Park; and, WHEREAS, this project is an improvement which adds to the value of this community asset; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the bid from Peterson Companies, Inc. in the amount of $273,981.64 base bid for Victory Park field and trail improvements is the lowest responsible bid submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to Peterson Companies, Inc. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota authorize entering into a contract for the field and trail improvements at Victory Park with Peterson Companies, Inc. for $273,981.64. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 111h day of May, 2015. Mayor Attest: /�U� 0 City Clerk I \RFA\P&R�PARKS\20151R-942 Victory Park Field Approve Bid.docx Stantec Consulting Services Inc. 2335 Highway 36 West, St. °aui MN 55113 May 5, 2015 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Victory Park Improvements City Project No. 942 Stantec Project No. 193803055 Sid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on April 30, 2015. 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 was a total of 5 Bids. The following summarizes the results of the Bid received: Contractor Total Base Bid Low Peterson Companies, Inc. $273,981.64 #2 K.A. Witt Construction, Inc. $274,264.85 #3 Rachel Contracting, Inc. $314,839.00 #4 Sunram Construction, Inc. $351,959.00 #5 G.L. Contracting, Inc. $417,366.20 Alternate 71 Total Base Bid with Alternate 7 $4,999.00 $278,980.64 $5,180.00 $279,444.85 $8,000.00 $322,839.00 $8,500.00 $360,459.00 $10,250.00 $427,616.20 The low Bidder, using the Total Base Bid or Total Base Bid plus Alternate 1, on the Project was Peterson Companies, Inc. The Total Base B°d Amount is $273,981.64. This compares to the Engineer's Opinion of Probable Costs of $193,000. This Bid has been reviewed and round to be in order. If the City Council wishes to award the Project to the low Bidder, then Peterson Companies, Inc. should be awarded the Project on the Total Base Bid Amount of $273,981.64. If the City Council wishes to award the Project to the low Bidder, Peterson Companies, Inc., on the Total Base Bid Amount plus Alternate No. 1, then the Adjusted Total Bid Amount would be $278,980.64. Should you have any questions, please feel free to contact me at (651 ) 604-4808. STANTEC CONSULTING SERVICES INC. r Christopher W. 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F L L L D .. . . . . . . . ....... . . . . . . . . . . . . . . r 11 1� : � rIIr rw= marrm 1 � wwommmw --� Fil u �ea Ego p iE MMLL 2w rDINEND aLEa m aLEAC1815 TO eEREDLSTAII Eo HY c[Ir 1NSENL1C HfI1R�YQA PATH (DET SIWlfi) AUArAaa s mewATwx HEIW&11 EeSTTW M3CE Axo xav elneoEwe vATx NOTES: 1. INSTALL EROSION AND SEDIMENT CONTROL PRIOR TO ANY DEMOLMON WORK. 2. ALL FIELD AND PARKING LOT STRIPING TO BE COMPLETED BY QTY W 3. RETAINING WALL DESIGN TO BE APPROVED BY ENGINEER w BEFORE INSTALLATION. • 1 . w w w • ` � - l II II I fi"TDPSDq ANo sGD Ne�9AFRL1® INSTNL IOE'-9" - - Ir EY CDNSRiICI[W GRNIDIG lllC 5[11. 4a W w w � - ! � I I P9iFGFAT® II FRENCH DRNN - • _ — � I I NEla.8t1) :SJL .t. r- w f I - - - DiSYALLG' FVC NDN-P1AEgNT® .•. � I1 5 .-.-.�.-_�- .•.•. .�_�. .�_ _ _ BEIAW TMIL WffH S"W►WME$ � w [&lYE 6ERVHk - - f II DETNL Iff WIDE 51 y` A 1 l5 NA)OINFATI DR1E6TTAAWLLe6G"GTEWDDNPI�rFLY1Y0IIE9EEDFRDNDN}DLCj W•-•��.D.GSEN1100'RETN-.-WNL- 'NET6L]-1� AND3[Y[4D Ra�lrRAP. TOJ.-693�]6 - w W w w w PDMS eRViPRIAAYRE[AE . A'SCTWALLPLIS1fRQFEF6.E MN.IIE.5-r.aAAND6 ". - • •}}• r 1F5 fI rIL_ / I I }1 -i 55 i __..�~rrfr.a1 I �/1ID1` -R �H��QAp3•-aGTDMIDDMasi" Wi i4'tiL� .• v S(DETaa3bj 1 . PA0 j PATUt H' WIDE [CMatETE &FAO[i1 I _ _ PATCH, MAICx EQSI➢G J�.. - ---------- I— _-_---_ 1 PERFGPATED FRENCH DRAB • - • • • • •. �� �'i ___._-----__ (DEr Sf61a1 r r • . r r r v r r r r . ' _ -.- _ _ . 1 1 _ •! � �• VKTNL LN IRiWaCell679AiLN£f STMXI �- hl • • `hffr LLV DUIF1aTDCtW L9IK WfEEISrtE CIAO fAP{DEYIM-M!r `�-• •; N 'i .. .jp' ]8' r r . INSTALLATION DEWL W f r IA6x41L6'SIDHNE R]I[E IDETE.D}9y I - MNNYAIx 15'x+ � B 1 � r . r • r • + + . r . r . . . . .. r .��• �a 9EIY4@ITRALIIIID ``li _v D�IAILY A4MBiANCE STit@ AIAYG FEx[E 1➢JE NET l84Ej +_ • r W r r + _ �� / `H,, K � I I i 1 • r r r r �. . r . • . • . • . ' . • . • r - « .. r r . « « r \ L6TALL flIl W DLLS II I j if « r . Y . • . 1� 1 — -} r d � 7. nATwEwr�ID I. I� Ir , NIB nsrNLmxoIETE +� I T` I li cum ,I PEParr EE831x0'61LLFltTC_ M +" �' - r • IxmaL,•soL,e we oEAwTa;" _ R w, �ID v�iAm� � � ' F,,�,"•iI/ „ ii � � I� — l - ♦ + CLL,,TDfALATLSa' +SEPNIATf01y f'eROW F1NISH GRIpE I ! 11 . --JI I1 NSTNL rFOIA + IaEYSTO14A1 - t 58=1x5TMLnT 1 1 ; f • - T r S`O`T a r . . .. . I. n - :' jlD NLRMO E=GJjl ' I I 44 I r ALTEANM1TEL `RN.TNLi'SIDEINIE FEIY[E fDET8.93E1 - .� - O �� �•DMTA[L x9NL9Ala _ TdY.. r • • • • •r E1ii mb AU. a5-4•PIe R11. II II _ FN�jf I I FOIIIIrAWgA MODEL '•' AEA/'• IARYNL 190'-YPK S[H. 10 +aI 90 PERFORAfEDFeilCll II _ - _ -f 3MFr4 ( DPADIIDE (DETSTO IECf r DRgp �DEfST(i16H] i P..0 NECI'mE1mTnIG • I TAP.. N - , I , P]IINTADINLLIEIl SFeIttF I -1 Tt1 MEW mAa IE $•y;� + - � • • • . • • '" 899y1 .. � i � � I I PP➢, MATCH ER6TfIG moi..• . . . _,,-'• I f l� I ``\N .. • •-�7Edc�tdEr3Riri'�.4 y�,—_-�_� 11.•a, Q N + i \�\\ ••wffiq- M.w DaaD�mE ---- _ ,_ �.r_ fDETsralSq ,_----- �. A INS7ALLAlION PLAN Dom/ ALTERNATE 1 D u 4J f4J vi s. 3 y OF � F?aa z 4 L C6.a1 5 z INSTALL VALVE FOR EXISTING 25" _ IRRIGATION LINE (TYP. 3) - ". ! CONNECT NEW IRRIGATION SYSTEMA TO SERVICE EXISTING SOCCER 5¢ FIELD IRRIGATION LINES -. _. _. _. --.. ....• . •' w NS -- IRRIGATION AREA�� VA / / 1 / I I f � l iI NOTES: 1. EXISTING IRRIGATION SYSTEM FOR THE SOCCER FIELD IS SHOWN IN A GENERAL LOCATION. 2 .EXISTING IRRIGATION IN SOCCER FIELD TO REMAIN IN PLACE. REPLACE IRRIGATION VALVES. 3. ALL SPRINKLER HEADS FROM BALLFIELD TO BE SALVAGED AND RETURNED TO CITY OF NEW HOPE PUBLIC WORKS. 4. EXISTING SOFTBALL IRRIGATION CAN BE SEEN ON SHEET C.001. EXMING IRRIGATION PIPE WILL NOT BE REMOVED UNLESS ENCOUNTERED DURING GRADING OPERATIONS. S. NEW IRRIGATION SYSTEM WILL BE DESIGNED BY CONTRACTOR AND APPROVED BY ENGINEER PRIOR TO INSTALLATION. THE SYSTEM WILL ADEQUATELY IRRIGATE THE SOFTBALL FIELD AS WELL AS CONNECT TO AND SERVICE THE EXISTING SOCCER FIELD IRRIGATION LINES. -- --- --- - --------------- ----- _ z CONNECT NEW IRRIGATION TO DZMG 3" LINE FROM GARAGE BURRING 1 �f 11 !I 11 if I II II II II LI � I I ,•II II fl 11 u C r/ C6.02 ®S II SIL7 FENCE INSTN1ATa7N I lrn.x� IIIIL CITY OF NEW HOPEr MN Ir^East TOPS 0IL IIIA• 4111 r xue xrm THPFA➢FD KEY— a ss- Y S S PYC PLUG -DO xor CLUE 1. TSRrr IF.A, M mb. akf eux apenp 1 Gwmdad,llmdmn spe4leRP. �Y6 HR9RNNr CLEVI T 1 GS�hblk rsM'age b.nel ane brclell web Wiped labral wL T --- O_-E 1' i PhtlE>4WsfsmbmnwnNSebLorYrlkoredrrapr- `NrYle c r BN.e,uab 5*PelRebwlrP p.mound Prt a> krN IRM. Hyl WS - - _ FABf1IC �- CLEE SR e' AlAlsCD _ SCHTE.QC CD 13 Y DFM' TI F QFRb'aL1T _ .'�1,'. .-. ,a ... _ ..rm.�• r:m::'' � MOUNTABLE mL frr PVC—E L]NE CIFANOIN$ Ise TRENCH RETAIL MaeLTxRrp 114'0 HOLE iYPACPl © xunertrww THROUGH ORNEWAY Y PIPE DETAIL b b FRENCH DRAIN PERFORATED PIPE' TRENCH RETAIL, SP®AL ® PVC NON -PERFORATED PIPE �ffazav J Suh� TRENCH DETAIL. SmaAL n� �� Mg CIN OF NEW HOPE, MN sro-LSe CITY OF NEW HOPE. MN sTtY�eO CITY DF NEW HOPE, MN srR-i a�ulu�ilo.lu�xl rucWxesuLm lk �l STAWRMea®xIYY II,J ®S II SIL7 FENCE INSTN1ATa7N I lrn.x� IIIIL CITY OF NEW HOPEr MN Ir^East - � oLerncw6 Nva PLAN r�uTCOprolarar� ale�iro om I MapEL 661ar01wNE OR 4n'cwgq®egYIL, OIOAaIN{S aF erewowNmp mTrARIrEHnr 1...- rue<Asr�rlr e-nau� w AT HAW paalr MLh/RGYTNNK ru Til Mery RaebM eaeGW rA511N'y I Ierx1L INM[o relb C W N CGLie OR tl11' I3PRPIFF1i Bolla INLET PANN CATCH BASININ INS 9e7 ®IYC2C AFTER PAVING CITY OF NEW HOPE. MN ERoic TOPS 0IL IIIA• 4111 r xue xrm THPFA➢FD COMMON PILL PYC PLUG -DO xor CLUE 4' PJC PERFORATED PIPE wl SOIL ♦ ` ♦� COARSE FIMR .. ♦, �` , .• HR9RNNr CLEVI T r A' Mn00T 11612 — 3 "j0; .,. MnOOT 961 S T --- O_-E 1' �c)PLAN �• WS - - _ FABf1IC �- CLEE SR e' r T 4. _ SCHTE.QC IY.7 ! le'r 1 ser _ WRFC • _ PERFORATED PIPE DFM' TI F QFRb'aL1T _ .'�1,'. .-. ,a ... _ ..rm.�• r:m::'' � MOUNTABLE frr PVC—E L]NE CIFANOIN$ YAR NCH DETAIL TRENCH RETAIL STo-tSA - � oLerncw6 Nva PLAN r�uTCOprolarar� ale�iro om I MapEL 661ar01wNE OR 4n'cwgq®egYIL, OIOAaIN{S aF erewowNmp mTrARIrEHnr 1...- rue<Asr�rlr e-nau� w AT HAW paalr MLh/RGYTNNK ru Til Mery RaebM eaeGW rA511N'y I Ierx1L INM[o relb C W N CGLie OR tl11' I3PRPIFF1i Bolla INLET PANN CATCH BASININ INS 9e7 ®IYC2C AFTER PAVING CITY OF NEW HOPE. MN ERoic LkLELllu e.I- Heenan R3W6R or ;„ eet� Banun eecM1 1hn d Y_ rto.. M 6 Imps aWlane ash Cissa Fkn Yhvp limit, M. rrRRc orauna N�qr, x . le- uodaR.w ao- �,mb..m stared .react � s 1/2' an Yfalr IM eushlee mtlk8 � ' S 6m,� the Neke- SECTION stantm 27(3' CATCH fl95lM M�n� CITY OF NEW HOPE MN sro-> TRENCH DTALL ` COARSE FILTER AGGREGATE MNRI 3199-2H SOCK tiro HOLE TTPICAL 9lN PIPE DETAIL xGe PVC PERTORAT$1 PIPE Re x13 ® 511tC'C TRENCH DETAIL, SPECIAL CIN OF NEW HOPE. MN sro-t6 EKISTING , TOPS 0IL IIIA• COMMON PILL VAFM 4' PJC PERFORATED PIPE wl SOIL ♦ ` ♦� COARSE FIMR .. ♦, �` , .• COMMON FILL'. r A' Mn00T 11612 — 3 "j0; .,. MnOOT 961 S T DM �c)PLAN �• r - - LkLELllu e.I- Heenan R3W6R or ;„ eet� Banun eecM1 1hn d Y_ rto.. M 6 Imps aWlane ash Cissa Fkn Yhvp limit, M. rrRRc orauna N�qr, x . le- uodaR.w ao- �,mb..m stared .react � s 1/2' an Yfalr IM eushlee mtlk8 � ' S 6m,� the Neke- SECTION stantm 27(3' CATCH fl95lM M�n� CITY OF NEW HOPE MN sro-> TRENCH DTALL ` COARSE FILTER AGGREGATE MNRI 3199-2H SOCK tiro HOLE TTPICAL 9lN PIPE DETAIL xGe PVC PERTORAT$1 PIPE Re x13 ® 511tC'C TRENCH DETAIL, SPECIAL CIN OF NEW HOPE. MN sro-t6 EKISTING , •�, � '♦ . AGK.aEWTE 8• 'n'r s•r ;• ♦ ` ♦� COARSE FIMR .. ♦, �` , .• COMMON FILL'. r A' Mn00T 11612 — 3 "j0; .,. MnOOT 961 S \ ` MNOOT 3199.2H MnOOT 9624 �• _ FABf1IC �- \•. .� � e' r T 4. VARA OR!' ♦ ,`i♦ IY.7 ! le'r 1 ser _ WRFC • _ PERFORATED PIPE SCC. 40 .'��... • '�. 4•D.q 6"RK PIPE _ .'�1,'. .-. ,a ... _ ..rm.�• r:m::'' � MOUNTABLE frr I�•, YAR NCH DETAIL TRENCH RETAIL 1B' 114'0 HOLE iYPACPl S 4• fl THROUGH ORNEWAY •+r PIPE DETAIL volar NOTE: 9 Place 14 reharm Chown, where Curb Craebcr utility tranches 0h 1 1/2' 0 cover. FRENCH DRAIN PERFORATED PIPE' TRENCH RETAIL, SP®AL ® PVC NON -PERFORATED PIPE �ffazav J Suh� TRENCH DETAIL. SmaAL stmftC DRB ANDamEIe ® CIN OF NEW HOPE, MN sro-LSe CITY OF NEW HOPE. MN sTtY�eO CITY DF NEW HOPE, MN srR-i 08.01 R !R �g3 R4_ e{ee 1-apH 8� E.� olf }xL y�'.y PNlv4Yu'W epuA T R B e 4v T.V PLAN A _J rarnn � .e..ws Sd mb v.k SECTION B$ 6' maa AAMe� 6'nR fRn aQm.Ra: LTwmr3lnlx SECTION A -A cqa s •seicpe lnox sake Im�a PEDESTRIAN LINO MMP ® Stantac ➢STARS xmt CITY OF NEW HDPE MN srna rr MRNRNWH ]ry 0.S �SHORILRHN Ee01SLE 1P' 03 SEE TYP. 56[gaN OA3' FT 3• wLAp1Ng [OLAiSE MR(141E14R 5P� B' AGdEGATE IASL, GAS 1, fa950a1E, ExavAYmN ANo ww1IRINgARBRKAre eAs; GAS s, u WBELIFD er THE EHm®N Bl'RI M I N10U5 PATHYNLY r MHNiMW 1rN o,S I SNgriOBI FIO15mE 3'TYP, jll 05 e3q' LC QDNOIEIE PER SPE; A" AG411H:ATE IANSF GAS S, f0elbdtlJ911® DCAVATHRN AND I➢EIROMLA® mit usF, GAS E, AS.. " SRIRKTE!" THE BN. CONCRETESICEWA,R TYPICAL SECT IDN TOR RTMIMgI' uul Sal ® Stan m PATHWAY AND CONCRETE So ChoII1C 11 CITY OF NEW HOPE, MN sTM-26 EL: 8985 MODULAR BLOCK RETAINING WALL (BY MANUFACTURER, APPROVED BY ENGINEER PRIOR TO INSTALLATION) 1U TRAIL OW.) 1 EL VARIES – CHAIN LINK FENCE POST 6'-0', TYP. 6' HIGH CAP BLACK Wr PL M/(2)-UZ'0 Y ADHESIVE ANCHORS DRAINAGE ZONF, CRUSHED FILTER AGGREGATE MHDOT 3199.2H �_ OUTFIELD DRAIN TRF RETAINEo SOIL r 1 —1PGEATWILE FABRIC COMPACTED• �• Mpl, CONCRETE PA➢ 6" MM. STRL)MRAL FILL OR CRUSHED STONE RETAINING WALL SECTION_ - o r r 4 z f i ( 02 11TH PERF. PVC SCH. 40 DRAIN TILE 4"0 MIN – W"DCK IODNNOLT706"PVC �_ OUTFIELD DRAIN TRF RETAINEo SOIL r 1 —1PGEATWILE FABRIC COMPACTED• �• Mpl, CONCRETE PA➢ 6" MM. STRL)MRAL FILL OR CRUSHED STONE RETAINING WALL SECTION_ - o r r 4 z f i ( 02 nl No I'-9' SERVLCE GATE ON A nosrmc -- vOL PM -121 AN GATE D nG suLE FBIC BNIFlELD AGGREGATE. TDP ELEVATION TO MATCH ADJACENT TURF DOWREM FOUNDATION FOR TND. CORNER. AND GATE POSTS ONLY FENCE POST - DW6EIFR VARIES Ar,l RUL �N0 FD R DID, WFOR LRE POBS D, RND! AND FDR AND Bli[ PDFIS ^ , FENCE SECTION n NO 5(AL£ 2s• ow POST (2.117s &C.) ROTE PGLE TO BE PNNim AG 9PECIREII TOP ANL 9 CA FMRO TDRWEH PLAYING rFLD t HOTTOY RUL I� FOUL POLE VA R EXISTING RAIL AT 707' HEI RETMTN DJ m - PDP. FMRC TDRARH 10P Rll 6 AELO = NEW 9 GAUGE CHAT LI NSC FABRIC. *ATH 9' HDOHF PG615 R FABIHG S SPE TONS FOR IHW ORNEI[R RUL �N0 FD R DID, WFOR LRE POBS D, RND! AND FDR AND Bli[ PDFIS ^ , FENCE SECTION n NO 5(AL£ 2s• ow POST (2.117s &C.) ROTE PGLE TO BE PNNim AG 9PECIREII TOP ANL 9 CA FMRO TDRWEH PLAYING rFLD t HOTTOY RUL I� FOUL POLE VA R EXISTING GALVANIZED STEEL POSTS TO REMAIN U NEIY POST CAP -STANDARD .X un NC RAIL AT 69" HEIGHT TO REMAIN • CAP FOR CORNER AND END HENCE MAINTENANCE SNAP SELFIGFI POSTS. LOOP CAP FGR UNE NEW 6 GAUGE CHAIN E Np''-- FOSis UNK FABRIC. WITH INSTALL NEW CUT 1' OFF TOP OF EMSTING POSTS BOTTOM EDGE BURIED j' CA -V. STEEL BOLT d LOCKNUT DRILLED THRU NEW ✓E EXISTING POSTS PARALLEL TO FENCE RUN OIRECTTON - TYP. AT 5' FROM TOP 6'-O' NOM. HEIGHT. -/0. BOTTOM OF EACH POST SHORTER FOR LINE EXISTING POST TO REMAIN POSTS HEIR SCH. 40 GALV. STEEL PIPE, 2' NOM. 51g FOR EXISTING 1.5' NON. SZE POSTS NTD L S NOM. SZE FOR EXISTING 2.5' BOM. &2E POSTS SING TEAM BENCH OR BLEACHER PAD TO REMAIN ADDITIONAL RAILS AT 1' INTO AGGREGATE 25" AND 47" HEIGHTS SURFACE EXISTING RAIL O 3" HEIGHT TO REMAIN EXISTING CONCRETE FOUNDATIONS TO REMAIN NACKSTOP DETAIL NDsrAE EXISTING POST FOUNDATION TO REMAIN OEMNO SCALE U J CO.W EXISTING RAIL AT 707' HEI RETMTN DJ m - O = NEW 9 GAUGE CHAT LI NSC FABRIC. *ATH FABRIC EDGES LAPPED W 3" TO 4' L EXISTING RAIL AT 138" HEIGHT To REMAIN Q �I EXISTING GALVANIZED STEEL POSTS TO REMAIN U NEIY POST CAP -STANDARD .X un NC RAIL AT 69" HEIGHT TO REMAIN • CAP FOR CORNER AND END HENCE MAINTENANCE SNAP SELFIGFI POSTS. LOOP CAP FGR UNE NEW 6 GAUGE CHAIN E Np''-- FOSis UNK FABRIC. WITH INSTALL NEW CUT 1' OFF TOP OF EMSTING POSTS BOTTOM EDGE BURIED j' CA -V. STEEL BOLT d LOCKNUT DRILLED THRU NEW ✓E EXISTING POSTS PARALLEL TO FENCE RUN OIRECTTON - TYP. AT 5' FROM TOP 6'-O' NOM. HEIGHT. -/0. BOTTOM OF EACH POST SHORTER FOR LINE EXISTING POST TO REMAIN POSTS HEIR SCH. 40 GALV. STEEL PIPE, 2' NOM. 51g FOR EXISTING 1.5' NON. SZE POSTS NTD L S NOM. SZE FOR EXISTING 2.5' BOM. &2E POSTS SING TEAM BENCH OR BLEACHER PAD TO REMAIN ADDITIONAL RAILS AT 1' INTO AGGREGATE 25" AND 47" HEIGHTS SURFACE EXISTING RAIL O 3" HEIGHT TO REMAIN EXISTING CONCRETE FOUNDATIONS TO REMAIN NACKSTOP DETAIL NDsrAE EXISTING POST FOUNDATION TO REMAIN OEMNO SCALE U J CO.W Project Name: VICTORY PARK IMPROVEMENTS 7hen* catry&atthcslsanexact Stantec rgPV&CBgn 7fbidsn City Project No.: 942 Project No.: 193803055 Bid Opening: Thursday, April 30, 2015 at 10 A.M., CDT Owner: City of New nM Minnesota QM61oot_ W_ Long LkartSe A10. 4247106 Bidder No.1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Peterson Companies, Inc. K.A. Witt Construction, Inc Rachel Contracting, Inc. Sunram Constnrction, Inc. Item Total Unit Price Total Unit Price Item Units Qty_ $16,754.00 BASE BID - RECONSTRUCT AREAS: $9,000.00 $9,000.00 1 MOBILIZATION LS 1 2 REMOVE BITUMINOUS TRAIL PAVEMENT SY 850 3 REMOVE CONCRETE BLEACHER PAD SY 20 4 REMOVE CONCRETE CURB AND GUTTER LF 16 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE FOC LF 910 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POST LF 2)10 7 REMOVE BACKSTOP FABRIC LS 1 8 SALVAGE AND REINSTALL PARK RULES SIGN EA 1 9 GRANULAR BORROW (CV) CY 2400 10 AGGREGATE BASE CLASS 5 - SIDEWAUQ RAIL TN 380 tl TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL (2,B) TN 150 12 SITE GRADING LS 1 13 PREMIUM TOPSOIL BORROW (LV) CY 1600 14 SOD, TYPE LAWN (30 INCHES WIDE) SY 9500 15 IRRIGATION LS 1 16 4- SC H. 40 PVC PERFORATED (FRENCH DRAIN) LF 85 17 4' SCH.40 PVC NON -PERFORATED DRAIN TILE LF 250 18 4' SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK LF 650 19 6' SC H. 40 PVC NON -PERFORATED DRAIN TILE LF 20 20 6"ALUMINUM FLARED END SECTION FA 1 21 RIP RAP, CLASS If CY 3 22 2)(3 CATCH BASIN EA 2 23 6' CHAINLINK FENCING LF 910 24 RED BALL DIAMOND ROCK TN 50 25 6' FENCE FABRIC AND RAILS LF 270 26 BACKSTOP FABRIC REPLACEMENT LS 1 27 11' 4" CHAIN LINK FENCE GATE EA 1 28 3'6" CHAIN LINK FENCE GATE EA 1 29 2' NOMINAL SIZE POST COVERS EA 22 30 3" NOMINAL SIZE POST CDVERS EA 14 31 TOP RAIL GUARD CAP LF 470 32 GEOTE)CIILE FABRIC SY 120 33 SEGMENTAL BLOCK RrTAINING WALL SF 300 34 CONCRETE PEDESTRIAN CURB RAMP SF 40 35 CONCRETE CURB AND GUTTER LF 20 36 TRUNCATED DOME SURFACE SF 8 37 CONCRETE BLEACHER PAD SY 20 38 REMOVE AND REPLACE FOUL POSTS EA 2 39 SILT FENCE LF 300 40 INLET PROTECTION EA 2 41 STREET SWEEPER (WITH PICKUP BROOM) HR 4 $1,972.00 TOTAL BASE BID $2,350.00 $4,700.00 ALTERNATE 1 - DRINKING FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD EA TOTAL ALTERNATE 1 TOTAL BASE BID PLUS ALTERNATE 1 Contractor Name and Address: Signed By: Title: Bid Security: Addenda Acknowledged: Unit Price Total Unit Price Total Unit Price Total Unit Price Total $16,754.00 $16,754.00 $9,000.00 $9,000.00 $15,000.00 $15,000.00 $16,925.00 $16,975.00 $3.84 $3,264.00 $5.00 $4,250.00 $5.00 $4,250.00 $2.60 $2,210.00 $25.63 $512.60 $5.00 $100.00 $13.00 $260.00 $27.00 $540.00 $17.38 $278.08 $20.00 $320.00 $24.00 $384.00 $20.00 $320.00 $4.50 $4,095,00 $4.25 $3,867.50 $5.00 $4,550.00 $6.65 $6,051.50 $4.00 $1,080.00 $3.00 $810.00 $7.00 $1,890.00 $4.20 $1,134.00 $590.00 $590.DD $600.00 $600.00 $1,400.90 $1,400.DD $1,525.00 $1,525.00 $192.00 $192.00 $50.00 $50.00 $500.00 $500.00 $9,000.00 $9,000.00 $17.79 $42,696.00 $18.25 $43,800.00 $12.00 $28,80D.00 $21.65 $51,960.00 $1859 $7,064.20 $18.25 $6,935.00 $27.00 $10,260.00 $21.65 $8,227.00 $113.00 $16,950.00 $97,15 $14,572.50 $110.00 $16,500.00 $92.25 $13,837.50 $12,445.00 $12,445.00 $14,500.DD $14,500.00 $35,000.00 $35,000.00 $10,710.00 $10,710.00 $18.97 $30,352.00 $25.25 $40,400.00 $13.50 $21,600,00 $46.25 $74,000.00 $4.61 $43,795.00 $4.45 $42,275.00 $5.70 $54,150.00 $4.85 $46,075.00 $29,716.00 $29,716.00 $21,715.00 $21,715.00 $20,000.00 $201000.00 $19,70D.D0 $19,700.00 $18.11 $1,539.35 $24.65 $2,095.25 $18.00 $1,530.00 $38.00 $3,230.00 $5.66 $1,415.00 $10.75 $2,687.50 $9.00 $2,250.00 $27.00 $6,750.00 $1272 $8,268.00 $14.10 $9,165.00 $12.00 $7,800.00 $23.00 $14,950.00 $17.87 $357.40 $16.00 $320.00 $B.00 $160.00 $65.00 $1,300.00 $337.00 $337.00 $315.00 $315.00 $300.00 $300.00 $1,500.00 $1,500.00 $135.87 $407.61 $150.00 $450.00 $175.00 $525.00 $150.00 $450.00 $1,972.00 $3,944.00 $2,350.00 $4,700.00 $2,600.00 $5,200.00 $2,250.00 $4,500.00 $18.00 $16,380.00 $21.45 $19,519.50 $21.00 $19,110.00 $20.60 $18,746.00 $64.50 $3,225.00 $59.20 $2,950.00 $120.00 $6,000.00 $67.00 $3,350.00 $16.00 $4,320.00 $14.85 $4,009,50 $28.00 $7,560.00 $21.25 $5,737.50 $3.400.00 $3,400.00 $3,080.00 $3,080.00 $8,660.00 $8,600.00 $7,275.00 $7,275.13D $1,100.00 $1,100.00 $880.00 $880.00 $1,390.00 $1,300.00 $1,260.00 $1,260.00 $830.00 $830.00 $357.50 $357.50 $1,000.00 $1,000.00 $520.00 $520.00 $60.00 $1,320.00 $26.95 $592.90 $75.00 $1,650.04 $30.00 $660.D0 $65.00 $910.00 $41.80 $585.20 $110.00 $1,540.00 $36.00 $504.00 $3.00 $1,410.00 $7.,75 $1,29250 $7.00 $3,290.00 $2.65 $1,245.50 $5.67 $680.40 $3.00 $360.00 $5.00 $600.00 $5.00 $600.00 $28.75 $8,625.00 $41.50 $12,450.00 $55.00 $16,500.D0 $24.85 $7,455.00 $7.75 $310.00 $10.00 $400.00 $12.00 $480.00 $21.00 $840.00 $46.40 $928.00 $30.00 $600.00 $70.00 $1,400.00 $42.00 $840.00 $50.00 $400.00 $55.00 $440.00 $100.00 $800.00 $42.00 $336.00 $69.75 $1,395.00 $58.50 $1,170.00 $100.00 $2,000.00 $200.00 $4,000.00 $550.00 $1,100.00 $495.00 $990.00 $4,000.00 $8,000.00 $310.00 $620.00 $2.50 $750.00 $2.50 $750.90 $3.00 $900.00 $5.25 $1,575.00 $125.00 $250.00 $150.00 $300.00 $500.00 $1,000.00 $250.00 $5()0.00 $149.00 t596.00 $150.00 600.00 $200.00 $1300.00 $250.00 81.000.00 $273,981.64 $274,264.85 $314,839.00 $351,959.00 $4,999.00 t4,999.0 $5,180.00 $5, 18Q,QQ $8,000.00 $11M0,00 $8,500.00 $4,999.00 $5,180.00 $8,000.00 $8,500.00 $278,980.64 $279,444.85 $322,839.00 $360,459.00 Peterson Companies, Inc K.A. Witt Construc[ipn, Inc. Rachel Contracting, Inc. Sunram CorkstrucUon, Inc. 8326 Wyoming Trall 1530 West 280th Street 4125 Napier Court NE 20010 75th Avenue N Chlsauo M. MN 55013 New Prague, MN 56071 St. MichaeL MN 55376 Corcoran. MN 55340 Jonathan M. Person Brandon Witt Matthew Coz Ryan M. Sunram President Vice President President Vice President Bid Bond Bid Bond Bid Bond Bid Bond 1 1 1 1 193803065-RUabAsm BT -1 Starrtec Item Hum_ BID TABULATION ___Item Units Qtv Bidder No. 5 G.L. Contracting, Inc. Unit Price Total BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION LS 1 $4,D49.00 $4,049.00 2 REMOVE BITUMINOUS TRAIL PAVEMENT SY 850 $7.30 $6,205.00 3 REMOVE CONCRETE. BLEACHER PAD SY 20 $7.30 $146.00 4 REMOVE CONCRETE CURB AND GUTTER LF 16 $7.90 $126.40 5 REMOVE V CHAINLINK FENCE (INCLUDES CONCRETE FOS LF 910 $9.40 $8,554.00 6 REMOVE U CHAIN LINK FENCE FABRIC AND RAILS (POST LF 270 $7.00 $1,890.00 7 REMOVE BACKSTOP FABRIC IS 1 $1,696.50 $1,696.50 8 SALVAGE AND REINSTALL PARK RULES SIGN FA 1 $292.50 $292.50 9 GRANULAR BORROW (M CY 2400 $25.10 $60,240.00 10 AGGREGATE BASE CLASS 5 - SIDEWALK(TRAIL TN 380 $25.90 $9,842.00 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL (2,B) TN 150 $116.70 $17,505.00 12 SITE GRADING LS 1 $17,097.60 $17,097.60 13 PREMIUM TOPSOIL BORROW (LV) CY 1600 $53.90 $86,240.00 14 SOD, TYPE LAWN (30 INCHES WIDE) SY 9500 $6.90 $65,550.00 15 IRRIGATION IS 1 $21,920.00 $21,920.00 16 4' SCH. 40 PVC PERFORATED (FRENCH DRAIN) LF 85 $34.60 $2,941.00 17 4' SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 250 $23.40 $5,850.00 18 4- SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK LF 650 $76.10 $16,965.00 19 6' SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 20 $24.60 $492.00 20 6" ALUMINUM FLARED END SECTION EA 1 $62230 $622.30 21 RIP RAP, CLASS II CY 3 $147.80 $443.40 22 2X3 CATCH BASIN EA 2 $3,970.00 $7,940.00 23 V CHAINLINK FENCING LF 910 $42.70 $38,857.00 24 RED BALL DIAMOND ROCK TN 50 $63.10 $3,155.00 25 6' FENCE FABRIC AND RAILS LF 270 $15.80 $4,266.00 26 BACKSTOP FABRIC REPLACEMENT LS 1 $3,276.00 $3,276.00 27 11' 4" CHAIN LINK FENCE GATE EA 1 $936.00 $936.00 28 3' 6" CHAIN LINK FENCE GATE EA 1 $380.30 $380.30 29 2" NOMINAL SIZE POST COVERS EA 22 $28.70 $631.40 30 3" NOMINAL SIZE POST COVERS EA 14 $44.50 $623.00 31 TOP RAIL GUARD CAP I F 4/0 $2.90 $1,363.00 32 GEOiFMLE FABRIC SY 120 $13.40 $1,608.00 33 SEGMENTAL BLOCK RETAINING WALL SF 300 $50.70 $15,210.00 34 CONCRETE PEDESTRIAN CURB RAMP SF 40 $23.40 $936.00 35 CONCRETE CURB AND GUTTER LF 20 $46.80 $936.00 36 TRUNCATED DOME SURFACE SF 8 $46.80 $374.40 37 CONCRETE BLEACHER PAD SY 20 $210.60 $4,212.00, 38 REMOVE AND REPLACE FOUL POSTS EA 2 $526.50 $1,053.00 39 SILT FENCE LF 300 $5.90 $1,770.00 40 INLET PROTECTION EA 2 $292.50 $585.00 41 STREET SWEEPER (WITH PICKUP BROOM) HR 4 $146.60 1586.40 TOTAL BASE BID $417,366.20 ALTERNATE 1- DRINKING FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD FA 1 $10,250.00 910,250.OD TOTAL ALTERNATE 1 #10,250.00 TOTAL BASE BID PLUS ALTERNATE 1 $427,616.20 Contractor Name and Address: Rachel Canpacting, Inc. 4125 Napier Court NE St. Michael, MN 55376 Signed By: Matthew Coz Title: President Bid Security: Bid Bond Addenda Acknowledged: 1 19390306"k rAbx m BT -2 i RECENTLY COMPLETED PROJECTS Site Name: Brainerd High School Owner. ISD 181 Location: Brainerd, MN Dates: April 2014 - September 2014 Architect: Widseth Simth Notting General: Peterson Companies, Inc. Project Contact: Erica Marcussen Site Name: 218-316-3607 Site Name: Redwing Tennis Courts Owner Redwing Public Schools, ISD 256 Location: 2451 Eagle Ridge Dr Dates: June 2014 - October 2014 Architect: Larson Engineering General: Peterson Companies, Inc. Project Contact: Greg Buchal Site Name: Rockford High School Owner: Rockford Area Schools Location: Rockford, MN Dates: June 2014 - October 2014 Architect: ICS Consulting General: Peterson Companies, Inc. Project Contact: Andrew Faukner Site Name: 763-354-2670 Site Name: Rockford Promenade Owner: Rockford Area Schools Location: Rockford, MN Dates: June 2014 - October 2014 Architect: ICS Consulting General: Peterson Companies, Inc. Project Contact: Andrew Faukner 763-354-2670 Site Name: Northwestern University Owner: Northwestern University Location: Roseville, MN Dates: March 2014 - October 2014 Architect: NA General: PCL Construction Services, Inc. Project Contact: Trent Johnson Site Name: University of St. Thomas Turf Owner: University of St. Thomas Location: St. Paul, MN Dates: May 2013 - September 2013 Architect: Anderson Johnson Associates General: Peterson Companies Project Contact: Jay Pomeroy AJA - 763-544-7129 Site Name: Tartan & North Turf Field Construction Owner: ISD 622 Location: Saint Paul, MN Dates: May 2013 - July 2013 Architect: Larson Engineering General: Kraus Anderson Project Contact: Jon Kuenstling Kraus Anderson 763-786-7711 Information: Removal of exsisting facilities and equipment. Earthwork, Utilites, Synthetic Turf, Athletic Equipment, Irrigafon and restoration. Contract: 14016F Luke $2,764,000.00 Project Removals, Earthwork, Utilities Import and install new Information: base, bedding material, retaining walls, drainage and utilities for Tennis Courts including Athletic Equipment, Fencing, and associated fencing. Site resoration. Contract: $717,000.00 Brad 14063F Project Removals, Earthwork, Utilities Import and install new Information: base, bedding material, drainage and utilities for Tennis Courts including Athletic Equipment, Fencing, and associated fencing.Site Restoration. Contract: Luke 14065F $1,272,400.00 Project Import and install new base, bedding material, Information: drainage and utilities baseball field. Complete facility including associated fencing, dugout, bullpen, batting cages, and associated athletic equipment. Contract: $1,845,000.00 Luke 14097F Project Demolition of exsisting facilities including removal of Information: subgrade. Import and install new base, bedding material, drainage and utilities for football, baseball, softball, tennis and seeting area. Complete facility including athletic equipment installation. Contract: $3,3001000.00 Luke 14009F Project Construction of a 143,000 SF combination soccer Information: and softball field. All mass excavation, base preparation, site utilities, irrigation and restoration completed in house. Site amenities to include 740 seat capacity leg truss bleacher system, brick dugouts, concrete, fence, etc. Contract: $1,327,500.00 13018E Project Complete removal of existing natural grass football Information: fields including 30" soil correction to construct synthetic turf playing fields at Tartan and North High. Contract: $1,172,690.00 ion.kuentsling@ krausanderson.com 13021F Page 1 of 4 Page 2 of 4 r � `IT"°'-•�'` ai$ ' RECENTLY COMPLETED PROJECTS Site Name: Esko Athletic Complex Project Renovation of dilipidated stadium to include Owner: Esko Public Schools Information: demolition of all existing site features, mass Location: Esko, MN excavation and site utilities, preparation of all site Dates: May 2013 - August 2013 features including synthetic turf field and running Architect: Larson Engineering track including all events. General: Peterson Companies / Larson Engineering Project Contact: Mike Murphy - Larson Engineering Contract: $1,500,000.00 515-225-4377 mm urphye larsonen r.eom 13031F Site Name: Forest City 2013 Athletic Improvements Project Renovation of baseball and softball fields from natural Owner: Forest City School District Information: grass to synthetic turf to include all demolition, site Location: Foresty City, IA preparation, utilties, athletic equipment, irrigation and Dates: July 2013 - September 2013 restoration a!I completed in house Architect: I&S Group General: Peterson Companies Inc. Project Contact: Andy Brandel - I&S Group Contract: $400,000.00 507-331-1500 andy.brandel@is-grl2.com Site Name: North Campus High School Project Construction of new K-12 School consisting of a Owner: St. Louis County Schools information: 100,000 SF building and 40 acre site including site Location: Cook, Minnesota erosion control, mass earthwork, building and footing Dates: April 2011 -October 2011 excavation including soil correction, site utilities and Architect: Johnson Controls athletic field construction. General: Kraus Anderson Project Contact: Jason Rentmeester Contract: $2,500,000.00 Kraus Anderson - 763-756-7711 Jason.rentmeester@krausanderson.com Site Name: Alexandria New High School Project Construction of a new K-12 school consisting of a Owner: Alexandria Schools Information: 180,000 SF building and 90+acre site including site Location: Alexandria, MN erosion control, mass earthwork, building and footing Dates: June 2012 -]November 2012 excavation including soil correction and all site Architect: JLG 1 Cunningham 1 AJA utilities. Site included new athletic complex with General: Kraus Anderson synthetic turf footbal field. Project Contact: Jason Rentmeester Contract: $4,285,000.00 763-786-7711 Jason.rentmeestergkrausanderson.com Site Name: Cushman f=ield Project Full stadium reconstruction. including all removals, Owner: Grand Forks Public Schools Information: soil correction, site work and utilities to prepare site Location: Grand Forks, North Dakota for new running track, synthetic turf football field, and Dates: June 2011 -September 2011 track and field events. All athletic equipment and Architect: Anderson Johnson Associates installed in (rouse. General: Peterson Companies Project Contact: Jay Pomeroy Contract: $1,700,000.00 763-544-7129 I Pomeroy@affiainc.net Site Name: Richfield Athletic Field Project Excavate and dispose of existing grass football field Owner: Richfield High School Information: for new synthetic turf field with all necessary soil Location: Richfield, Minnesota corrections, utilities, turf underdrainage and synthetic Dates: June 2011 - September 2011 turf base preperation and tolerance. Architect: Larson Engineering General: Peterson Companies Project Contact: Erik Meyer Contract: $520,000.00 Larson Engineering - 651-481-9120 emever@larsonengr.com Site Name: Cambridge Tennis Courts Project Reconstruction of seven tennis courts including Owner: Cambridge School District information: demolition and removal of old courts, earthwork, soil Location: Cambridge, Minnesota correction, utilities, fence, asphalt, court surfacing Dates: June 2011 - August 2011 and restoration. Architect: Larson Engineering General: Peterson Companies Project Contact: Greg Buchal Contract: $420,000.00 Larson Engineering - 651-481-9120 gbuchal@larsonenar.com Page 2 of 4 � r .Z+� RECENTLY COMPLETED PROJECTS Site Name: Strong Stadium Project Full stadium reconstruction including all removals, Owner. Beloit College Information: soil correction, site work and utilities to prepare site Location: Beloit, WI for NCAA running track, synthetic turf football field Dates: April 2011 - August 2011 and track and field events. All athletic equipment, Architect: Graef USA scoreboard, ACO trench drain and site amenities General: Peterson Companies installed in house Project Contact: Michael Brady Contract: $1,200,000.00 Beloit College 608-363-2200 bradvm@beloit.edu Site Name: Paul Qel Field Project 15 acre NCAA athletic complex including synthetic Owner: Winona State 1 Winona Area Schools Information: turf, running track, natural soccer and baseball fields, Location: Winona, MN site amenities, irrigation and restoration Dates: May 2009 to October 2009 Architect: CHA Sports General: Peterson Companies $2,400,000.00 Project Contact: Bill O'Laughlin Contract: Winona Schools 507-494-0871 william.olau hlin winona.kl2.mn.us Site Name: U of M Hammer Throw and Synthetic Turf Project One portion of this project was oonverting an existing Owner: University of Minnesota Information: parking lot into a NCAA hammer throw area including Location: Minneapolis, Minnesota earthwork, retaining wall, underdrainage rock and Dates: September 2011 - December 2011 utilities, fencing, asphalt and aglime tolerance Architect: LHB Corporation graded. Also constructed were new synthetic turf General: Peterson Companies batting cages complete including all underdrainage Project Contact: Neil Tessier and base rock. LHB Corporation - 612-752-6968 Contract: $350,000.00 Site Name: Forest Lake Roundabout Project Road & roundabout construction project including Owner: City of Forest Lake Information: demolition of entire downtown street, soil correction, Location: Forest Lake, Minnesota export of contaminated materials and installation of Dates: June 2010 - October 2010 new utilities, retaining walls, concrete, asphalt, Architect: Bonestroo ornamental railings, irrigation, landscaping and site General: Peterson Companies restoration Project Contact: Ryan Goodman Contract: $3,200,000.00 Bonestroo - 651-967-4616 rvan.soodman@bonestroo.com Site Name: Rice Creek Regional Trail Project Construction of 2.5 mile trail through heavily wooded Owner: City of Lino Lakes Information: areas including clearing and grubbing, earthwork, Location: Lino Lakes, Minnesota class 5, (1,000'X 14) boardwalk set on a total of Dates: July 2010 - March 2011 6,860 LF of helical piers both installed in house, Architect: SRF Consulting concrete abutments and precast pedestrian bridge, General: Peterson Companies concrete, asphalt, and all site restoration Project Contact: Karen Baleska Contract: $1,610,000.00 SRF Consulting - 763-767-2865 karen.blaska@co.anoka.mn.us Site Name: Addison Trails High School Project Construction of 10 acre athletic complex including Owner: Dupage 88 School District Information: synthetic turf football field/softball field, natural grass Location: Addison, Illinois soccer and baseball fields with site amenities, Dates: May 2010 - September 2010 irrigation and seed. Architect: Wight Architects General: Peterson Companies Project Contact: Jeannine Eicker Contract: $2,050,000.00 Lend Lease - 312-245-1355 leannine,eiker@lendlease.com Site Name: Edinbrook and Zanewood Elementary Project Reconstruction of two athletic fields including Owner: City of Brooklyn Park Information: tolerance grading, irrigation and seed. Location: Brooklyn Park, Minnesota Dates: July 2010 - August 2010 Architect: AJA General: Peterson Companies Project Contact: Jon Oyanagi Contract: $275,000.00 City of Brooklyn Park - 763-493-8337 lon.ovanaRi@brooklvnioark.ora Page 3 of 4 r � Ji t X1. RECENTLY COMPLETED PROJECTS Site Name: St. Paul Harding High School Owner: St. Paul School District Location: St. Paul, Minnesota Dates: June 2010 - August 2010 Architect: Larson Engineering General: Peterson Companies Project Contact: Erik Meyer Larson Engineering - 651-481-9120 Site Name: Lakeview Terrace Park Owner: City of Robbinsdale Location: Robbinsdale, Minnesota Dates: September 2010 - June 2011 Architect: City of Robbinsdale General: Peterson Companies Project Contact: Robin Verkinnes City of Robbinsdale - 763-531-1263 Site Name: Foley Football Field Remediation Owner: Foley School District Location: Foley, MN Dates: August - September 2010 Architect: AJA Architects General: Peterson Companies Project Contact: Jay Pomeroy AJA Architects: 763-544-7129 Site Name: Bielenberg Sports Complex Owner: City of Woodbury Location: Woodbury, MN Dates: June 2008 -August 2008 Architect: Bonestroo General: Peterson Comoanies Project Contact: Paul Griffin City of Woodbury: 651-714-3500_ Site Name: Bruce Vento Elementary Owner: St. Paul Schools Location: St. Paul, MN Dates: May 2006 - Octoboer 2006 Architect: Sanders Walker Bergly General: Peterson Companies Project Contact: Larry Wacker S W B: 651-221-0401 Site Name: Golfview Park Renovation Owner: River Falls Wildcat Soccer Association Location: River Falls, WI Dates: July 2009 - September 2009 Architect: Gill Design General: Peterson Companies Inc. Project Contact: Garrett Gill or Jon Schmenck 715-425-9511 Site Name: Rice Lake Community Athletic Complex Owner: Rice Lake Area Schools Location: Rice Lake, WI Dates: May 2009 - September 2009 Architect: Rattler Corporation General: Rettler Development Project Contact: Rick Rettler 715-341-2633 Project Complete reconstruction of existing complex to Information: include removal of existing running track and natural grass field, excavation and disposal of soils for soil correction and installation of new S lane running track and synthetic turf field. Contract: emeyer@larsonengr.com $1,100,000.00 Project Complete reconstruction of existing complex to Information: include removals, grading, utilities, fencing, concrete, asphalt, irrigation and seed to construct a new multi- use grass field and three competition grass baseball fields. Contract: $1,200,000.00 rverkinnes@ci.robbinsdale.mn.us Project Renovation of existing athletic complex to include information: removal of existing soil materials, installation of draintile system, installation of irrigation, import and placement of sand/peat mixture and seeding for turnkey fields. Contract: ipomeroy@aiainc.net $200,000.00 Project Installation of flat draintile system, irrigation and Information: import and placement of sand growing medium including tolerance grading. Contract: pau1.Rriffin@cLwoodbuEy.mn.us $500,000.00 Project Full site removals, onsite srcreeing of existing Information: materials, mass earthwork, utilities, import and placement of sand/peat mix, installation of irrigation and turnkey seeding Contract: Iwacker@swb-loucks.com $600.000.00 Project Mass earhwork including onsite soil borrow for clean Information: sand extraction, incorporating peat material into sand fields, installation of irrigation and turnkey seeding $275,000.00 Contract: Barrett@gilIdes ianinc.om Project Removals of existing athletic features, mass Information: earthwork and utilities, preperation for 8 lane running track, synthetic turf field, natural sand based baseball, softball and multi -use field including irrigation and seeding, Contract: Page OwilerC@rettler.com. $1,000,400.00 ,Costs In thousands Funding Sources: MSA - MNlDOT State Aid Sir Infra - Tax levy - street Infrastructure Water - Water Fund Seam - Sanitary sewer fund Storm - Storm water fund 11F - Tax Increment Anancing CenGar- Central Garage fund - iderr®I service fund WS - Watershed Commissions Grants - Grants from any source Other - Includes developmen funds. County funds, JWC, Federal funds, EDA, other City Hall - City Hall budget Fire Dept - Fire Department budget Perk Funds - Tax levied pads Infrastructure and park dedcaeon Ice Arena - Ice Arena operating budget GoIFCourse - Goll Course operating budget 61W..D15 City of Naw Hope 2015 C...... rovement P am Proect "act Staff Comments Main Funclina Source" Fundin Project Descd on Year Cost* — Prioritization MSA Str Infra Water Sewer Storm TIF enG WS Grants Other Fire �epk Park Funds Ice.4re_na GaB Total 2015 Street Infrastructure 2015 6900 St Man ement Plan 3700 1700 250 350 BODp 2015 Seal 2015 225 h' St. Mane em Plan 225 225 ar pi Reline sewer pipes 2015 250 high Annual IN Project 2513 250 International Pkwy LHt St 04 owl 85 2015 85 high Emergency backup r LS*4 B5 Storm Water projects 2015 100 high Required TMDL 10D _ 100 _ YMCA Pond 2015 _ 60 high Remove Sediment from pond 60 60 Storm Water otAce I move Plotte2015 1 D medium area for Stowater itlon kin mh 10 _ 10 Lunchroom! Locker ream Int 2015 25 medium heirs Re lace lockers & benches 25 25 42nd LED str.11ght Louisiana to _ 2015 115 high cien replace HIPS to LFA 32 115 115 42nd LED Xylan to 169 2016 70 h Man cien FA lace HPS to L 18 70 70 HVAC Rooff Untt Unit 10 medium Replace aged HVAC- 10 14 W* ave watennain 2015220 h tall WM to loo - Centra Homes 220 22 Fie Dept 2015 150 high Fire Station Apparel Drive 150 150 Pool subsicl_ _ _ 2015 25 __ high if needed 25 Pool miscellaneousequipment 2015 10 low _ on ffneeded ------25 10 10 Pod deekln Saint maintenance 2015 15 low 15 15 _ shallow water area dates to - - - --- Padp _ update for shallow I 2015 360 h 1991 350 350 Pod Etter covers for both 2015 30 high last replaced 1996 30 30 Pool shade umbrellas 2015 10 madum addt. shade for pool 10 1 D only if needed - last replaced in Pool Mai nup mp 2015 10 low 1997 - carryover from 21314 10 10 last replaced In 1991 - carryover -- Foal deck drains 2015 40 from 2014 40 Parks concrete, trail work ,-c:l'., medlum replace whera needed 40 40 _- _ — —_10 Parlor maintenance 2015 16 high couft equipment reDstr 15 15 repair or replace; move toward I Parks I hon Improvements 2015 70 hl h Lm Ights 70 70 Parks Meadow Lake Park play dates back to 1992; replace play ui mert_Prcect _ _ 2015 170 high equipment 17D 170 Fred Sims Park - carry over from Parks 4424 Nevada project 2015 10 bw 2014 10 to replace fencing, impmve { Parks Victory Park Improvements 21)151 200 h' h drainage, ouffleid i 20D 200 Community Gyms concession dates hack to 2000; used by equ are replacement 2016 10 mecum rental groups 10 10 cement floor crooking & popping; IA fSeutp rinkj__ 2015 _ _ _350 medium original 1996. 0 replacement of equip In south IA HVAC Phase 1 2015 203 __ hr! rink from 1996 98 105 203 _ [A paint arena floor North rink 2015 3 high _ 3 3 moved fnsn 2013; last replaced IA scoreboard North rink 2015 35 medium In 1994 35 35 purchase skates for rental, set W skate rental 2015 1 D medium _ trental area 10 10 GC replace clubhouse tables and heavily used, 12 years aid chairs _ 2015 10 medium 10 10 GC golf carts 2 of 5 lease to 2015 7 h h 7 7 TOTS 8943 0 3925 1920 565 510 D 45 0 98 185 15D 1015 153 7 6593 ,Costs In thousands Funding Sources: MSA - MNlDOT State Aid Sir Infra - Tax levy - street Infrastructure Water - Water Fund Seam - Sanitary sewer fund Storm - Storm water fund 11F - Tax Increment Anancing CenGar- Central Garage fund - iderr®I service fund WS - Watershed Commissions Grants - Grants from any source Other - Includes developmen funds. County funds, JWC, Federal funds, EDA, other City Hall - City Hall budget Fire Dept - Fire Department budget Perk Funds - Tax levied pads Infrastructure and park dedcaeon Ice Arena - Ice Arena operating budget GoIFCourse - Goll Course operating budget 61W..D15 G i3�Ot±<F1�N L'.:�I'eN$E141' MELmm P. PER$EL,LIN" STEVEN A SONORALL STACY& WOOD$' 'Real Property Law Specialist Certified By The Minnesota Stata Bar Mhociatioin 'Licensed id IlliooislColorado' 3Qualiffed Neutral Mediator under Rule 114 SET` -_T` `SONDRALL PERSELLIN 1= 5 P.A., ATTORNEYS AT LAW June 22, 2015 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Victory Park Improvements City Project No. 942 Our File No.: 99.1.0030 Dear Val: 8525 EDINBROOK CROSSING, SSE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 www.jspWaw.com Writer's Direct Dia! No.: (763) 201-0265 e -may saw@ispwiaw.com personal delivery Enclosed please find four copies of the contract with Peterson Companies, Inc. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificate of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Sincerely, ff ll Lacy A. oods, Assistant City Attorney, City of 1 w Hope Enclosures cc: Steven A. Sondrall, City Attorney Bob Paschke, Public Works Director Chris Long, City Engineer June 26, 2015 Mr. Jonathan Peterson Peterson Companies, Inc. 8326 Wyoming Trail Chisago City, MN 55013 SUBJECT: Victory Park field and trail improvements City Project 942 At its meeting of May 11, 2015, the New Hope City Council approved the contract with your company for project no. 942 for $273,981.64. 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, rL*f kv Valerie Leone. City Clerk, CMC Enclosures — Contract, IC -134 cc: Susan Rader, director of parks and recreation Chris Long, city engineer Shawn Markham, contract manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 554284898 • www. ci.new-hope.mn.us City Hall. 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 pbot 0,40tsNIC S 06 Project Manual For Victory Park Improvements Prepared for: City of New Nope, Minnesota City Project No. 942 (31", Stantec CONTRACT April 2015 DOCUMENTS Stantec Project No. 193803055 Client#: 7071 PETECOMI ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MMMDIYYYY) 06/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE- HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER CCWACr _ MN -COMMERCIAL LINES COBB STRECKER DUNPHY $ ZIMMERMANN 150 S FIFTH ST STE 2800 P 612 349-2400 FAX No: 672 349 2490 E40ML ADDRESS: GENERAL UABRITY MINNEAPOLIS, MN 55402 INSURER(3) AFFORDING COVERAGE NAiC # INSURER A:AMERISURE INSURANCE COMPANY INSURED PETERSON COMPANIES INC INSURERB: AMERISURE MUTUAL INSURANCE CO INSURER C: 8326 WYOMING TRAIL CHISAGO CITY, MN 55013-9382 INSURER D; pEAAqCCMHHq PREMISES Ea oNI!gnce $300,000 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER- RFVICInkl NIIIURw• THIS IS TO CERTIFY THAT- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR 1 WD POLICY NUMBER MIDI EPF Mmmpn v ULM A GENERAL UABRITY CPP2095245 1/01/2015 0110112016 OCCURRENCE $110001000 X COMMERCIAL GENERAL LIABILITY pEAAqCCMHHq PREMISES Ea oNI!gnce $300,000 CLAIMS -MADE 7x-1 OCCUR MED EXP (Any one person) $5,000 X CONTRACTUAL LIAB PER PERSONAL & ADV INJURY $1,000,000 X POLICY FORM AND XCU GENERAL AGGREGATE s2,000,000 GENLAGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO. -LOC $ B AUTOMOBILE LIABILITY CA2095244 1/01/2015 01/01/207 (E. g ED SINGLE LIMB O accident 11000,000 AUTO BODILY INJURY (Per parson) $ JXANY ALL 0OWNED SCHEDULED BODILY INJURY (Per accident) $ HIRED AUTOS X NON-0MJED PROPERTY DAMAGE $ AUTOS Per amdent I $ B X UMeREI r A UAB X OCCUR CU2095M 1/01/2015 01/01/209 EACH OCCURRENCE $10,000.000 EXCESS UAB CLAIMS -MADE AGGREGATE $10,000,000 DED I X RETENTION$70 000_ $ A WORKERS COHPFAISATIONWC2095247 7/01/2075 01/0112016X WC S TATU- AND EMPLOYERS LIABILITY Y I N ANY PROPFUFTORIPARTNERIEXECUTRAWOTH- ANY PROPRIETORIPARTNERIEXECUi1VE OFFICER/MEMBEREXCLUDED? NIA E.L. EACH ACCIDENT I$1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOY=EE $1 000 000 Ifyes, describe under DESCRIPnONOFOPERATIONSbelow E.L. DISEASE -POLICY LIMIT I $1,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CITY PROJECT NO 942 VICTORY PARK IMPROVEMENTS ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTO AND UMBRELLA LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON CONTRIBUTORY: CITY OF NEW HOPE STANTEC CONSULTING SERVICES, INC. CITY OF NEW HOPE 4401 XYLON AVE NO NEW HOPE, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS - AUTHORED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) 1 of 7 The ACORD name and logo are registered marks of ACORD #S7196681M688205 AMW DOCUMENT 00 91 13 ADDENDUM 1 VICTORY PARK IMPROVEMENTS CITY PROJECT NO. 942 PROJECT NO. 193803055 NEW HOPE, MINNESOTA April 28, 2015 Number of Pages: 9 (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 0 2015 Stantec 1 193803055 M 0091 13-1 DOCUMENT 00 01 10 - TABLE OF CONTENCTS 1. Remove "32 17 23 PAVEMENT MARKINGS" from Table of Contents. DOCUMENT 00 41 10 - BID FORM 1. Delete this Document in its entirety and add the attached Document. DOCUMENT 32 1123 - AGGREGATE BASE COURSES 1. Page 32 11 23-1, Paragraph 1.01.A, insert the following immediately after 1.01.A.1: 2. Crushed aggregate material for ball diamond maintenance strip. 2. Page 32 11 23-1, Paragraph 1.02.A. Add the following items immediately after 1.02.A.1.0 and renumber the current 1.02.A.2 to be 1.02.A.3: 2. A Bid Item has been provided for Red Ball Diamond Rock. Measurement will be by the ton of material compacted in place as determine from weight tickets delivered to the Engineer. Product shall only be used as the 2 foot maintenance strip surrounding the outfield and sideline fencing. 3. Page 32 11 23-2, Paragraph 2.01. Add the following items immediately after 2.0I .A.4: B. Red Ball Diamond Aggregate 1. Maintenance strip aggregate shall be 100% Bryan Red Rock athletic field crushed red dolomitic limestone (Red Ball Diamond Rock) obtained from Bryan Rock Products of Shakopee, MN, Phone (952) 445-3900. No substitutions will be allowed for this product. Product gradation shall conform to the following requirements: 3/8 inch sieve 100 percent passing #4 sieve 95 percent to 100 percent passin #40 sieve 35 percent to 50 percent passing #80 sieve 25 percent to 35 percent passing #200 sieve 15 percent to 25 percent passing DOCUMENT 32 32 23 - SEGMENTAL RETAINING WALLS 1. Page 32 32 23-1, Paragraph 1.02.A. Add the following items immediately after 1.02.A.2.d and renumber the current 1.02.A.2.d to be 1.02.A.2.e: d. Drain the and crushed filter aggregate material behind wall. LIST OF ATTACHMENTS 1. Document 00 41 10 - Revised Bid Form. END OF SECTION ADDENDUM 1 0 2015 Stantec 193803055 0091 13-2 (:� Stantec NDDER" DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. 1 VICTORY PARK IMPROVEMENTS PROJECT NO. 193803055 CITY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 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 Biddinn 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: 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 fa, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices) Bid and within the times and in accordance with the other terms and conditions of the Biddina Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 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. 0 2015 stantec 1 193803055 REVISED BY ADDENDUM NO. 1 0041 10- 1 [Ri REVISED BID FORM I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder, J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by 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 pdce(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units My Unit Price Total Price BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION LS 1 $ $ 2 REMOVE BITUMINOUS TRAIL PAVEMENT Sy 850 $— $ 3 REMOVE CONCRETE BLEACHER PAD SY 20 $ $ 4 REMOVE CONCRETE CURB AND GUTTER LF 16 $ $_ 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE LF 910 _ $_ FOOTING AND POSTS) 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POSTS LF 270 $ $_ AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FABRIC LS 1 8 SALVAGE AND REINSTALL PARK RULES SIGN EA 1 _ $ 9 GRANULAR BORROW (CV) Cy 2400 0 2015 Siantec 1193803055 REVISED BY ADDENDUM NO. 1 00 41 10 - 2[RI REVISED BID FORM 10 AGGREGATEBASE CLASS 5-SIDEWALK/TRAIL TN 380 $ $ 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL {2,B) TN 150 $ $ _ 12 SITE GRADING LS 1 13 PREMIUM TOPSOIL BORROW {LV) CY 1600 14 SOD, TYPE LAWN [30 INCHES WIDE) SY 9500 $ 15 IRRIGATION LS 1 16 4' SCH. 40 PVC PERFORATED (FRENCH DRAIN) LF 85 $ $ 17 4' SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 250 18 4'SCH, 40 PVC PERFORATED DRAIN TILE WrrH SOCK LF 650 19 6" SCH. 40 PVC NON -PERFORATED DRAIN TILE LF 20 20 6' ALUMINUM FLARED END SECTION EA 1 21 RIP RAP, CLASS II CY 3 22 2X3 CATCH BASIN EA 2 23 6 CHAINLINK FENCING LF 910 24 RED BALL DIAMOND ROCK TN 50 $ $ 25 6' FENCE FABRIC AND RAILS LF 270 26 BACKSTOP FABRIC REPLACEMENT LS 1 27 11' 4' CHAIN LINK FENCE GATE EA 1 28 3' 6" CHAIN LINK FENCE GATE EA 1 $ $ 29 2' NOMINAL SIZE POST COVERS EA 22 $ 30 3' NOMINAL SIZE POST COVERS EA 14 $ $ 31 TOP RAIL GUARD CAP LF 470 $ $ 32 GEOTEXTILE FABRIC SY 120 33 SEGMENTAL BLOCK RETAINING WALL SF 300 '$ $ 34 CONCRETE PEDESTRIAN CURB RAMP SF 40 $ $ 35 CONCRETE CURB AND GUTTER LF 20 S" 36 TRUNCATED DOME SURFACE SF 8 $ ® 2015 Stantec 1193BO3O55 REVISED BY ADDENDUM NO. 1 00 41 10 - 3(R) REVISED BID FORM 37 CONCRETE BLEACHER PAD 38 REMOVE AND REPLACE FOUL POSTS 39 SILT FENCE 40 INLET PROTECTION 41 STREET SWEEPER (WITH PICKUP BROOM) TOTAL BASE BID ALTERNATE 1 - DRINKING FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD TOTAL ALTERNATE 1 SY 20 EA 2 LF 300. EA 2 HR 4 s_ EA 1 02035Stantec 1193803055 REVISED BY ADDENDUM NO. 1 00 41 10- 4(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime rnntrnrtnr nr v ihrnntrnrtnr thnt mnlrPe n fnlep Ontpmpnt A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, (typed or printed name), (title) certify that I am an owner or officer of the company and do veffly under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed (Name of the Person, Partneship or Corporation submitting this proposal) (Business Address) (City, State and Zip Code) (Bidder or authorized representative) Dote 02015Stantec 1 193803055 REVISED BY ADDENDUM NO. 1 0041 10-51R1 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. If Bidder Is: A Corporation SUBMITTED on 2015. Corporation Name: (SEAL) State of Incorporation: Type )General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email: 02015 Stantec ( 193803055 REVISED BY ADDENDUM NO. 1 00 41 10 - 6(R) REVISED BID FORM 0 In re woffne I A Partnership Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email: (SEAL) Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): _ Business Street Address (No P.O. Box #'s): Phone No.: Fax No-: Email: END OF DOCUMENT 0 2015 Stantec 1193803055 REVISED BY ADDENDUM NO. 1 0041 10- 7{Rl REVISED BID FORM SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota r W. Christopher W. Long, P.E. Date: April 9, 2015 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2015 Stantec . 193803055 0001 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 0021 13 Instructions to Bidders 0041 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 3100 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 - Existing Conditions 0241 13 Selective Site Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill 31 2313 Subgrade Preparation Division 32 - Exterior Improvements 3211 23 Aggregate Base Courses 32 12 01 Flexible Paving (Municipal Projects) 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 17 23 Pavement Markings 3231 13.33 Chain Link Backstops TABLE OF CONTENTS 0 2015 Stant— 1191MMS:5 0001 10 - 1 Division 32 - Exterior Improvements (Cont'd) 32 32 23 Segmental Retaining Walls 32 84 00 Plant Irrigation 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 40 00 Storm Drainage Utilities 33 46 00 Subdrainage END OF SECTION TABLE OF CONTENTS 0 2015 Stantec 1 193803055 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Thursday, April 30, 2015, 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: Victory Park Improvements Project - City Project No. 942 In general, Work consists of ball field and trail improvements at Victory Park. The Project consists of the following approximate quantities: 1200 LF 6' Chain Link Fencing 1500 CY Granular Borrow 9500 SO YD 6' Wide Sod 150 TON Type SP 9.5 Bituminous Mixture for Trail (2,B) 1600 CY Premium Topsoil Borrow 1 LS Irrigation 300 SQ FT Retaining Wall 600 LF Drain Tile 2 EA 2x3 Catch Basin 1 EA Pedestrian Ramp Along with site grading, aggregate base, miscellaneous drainage improvements, removals, restoration, fencing, drinking fountain, and correlated appurtenances. Complete digital Bidding Documents are available at www.guestcdn.com for $20 by inputting QuestCDN eBidDoc #380378 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 END OF SECTION ADVERTISEMENT FOR BIDS 0 2015 Stantec 193803055 0011 13-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to; A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Stantec Plan Room. © 2015 Stantec 193803055 S .� o,� S r"= a . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. INSTRUCTIONS TO BIDDERS © 2015 Stantec , 193803055 0021 13-2 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" 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 Biddina Documents; and (3) Bidder's safety precautions and programs; INSTRUCTIONS TO BIDDERS 0 2015 Stantec . 193803055 0021 13-3 F agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE S - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803055 0021 13-4 ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 -SUBSTITUTE AND "OR -EQUAL" ITEMS 1.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful 1',I-STRUC11-IONIS TO UD ERS ® 2015 Stantec 193803055 0021 13-5 Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 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 fox numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803055 0021 13-6 qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or ail 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 2015 Stantec 193803055 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 or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 1S - 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 14 - 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 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 some 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. © 2015 Stantec 193803055 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 T5 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. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with §16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION 0 2015 Stantec 1 193803055 INSTRUCTIONS TO BIDDERS 0021 13-9 Peterson Inc Sta ntec DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO, 1 VICTORY PARK IMPROVEMENTS PROJECT NO. 193803055 CITY PROJECT NO. 942 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 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 lo 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 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in wr[ting upon request of Owner. 3,01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the to,:owing Addenda, receipt of all which is hereby acknowledged: Addendum Number Addendum Date ADDENDUM 1 APRIL 28, 2015 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 al',: (1 ) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and a:l drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Faciliffes) 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 or 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 12rms and conditions of the Biddina Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 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. 02015Stortec 1193603055 HVISED BY ADDENDUM r -'J. 1 0041 10- 1183 REVED BID FORM 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 al; terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of Its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the 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): Ail specific cash allowances are included in the price(s) set forth below and have been computed in accordance With Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and finai 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 - RECONSTRUCT AREAS: MOBILIZATION L5 1 $ 16,754.00 $ 16,754.00 2 REMOVE BITUMINOUS TRAIL PAVEMENT 3 REMOVE CONCRETE BLEACHER PAD 4 REMOVE CONCRETE CURB AND GUTTER 5 REMOVE 6' CHAINLiNK FENCE (INCLUDES CONCRETE FOOTING AND POSTS] 6 REMOVE N CHAIN LINK FENCE FABRIC AND RAILS (POSTS AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FABRIC 8 SALVAGE AND REINSTALL PARK RULES SIGN 9 GRANULAR BORROW (CV) 5Y SSD $ 3.84 $-_---_--. 3,264.00 _— 25.63 512,60 SY 20 $ $ 17.38 278.08 LF 16 $ $ 4.50$ 4,095.00 LF 910 $ 4.00 1,080.00 LF 270 $ $ 590.00 590.00 LS 1 $ $ 192.00 192.00 EA 1 $ $ CY 2400 $ 17.79 $ 42,696.00 0 2015 Stantec 11931303055 REVISED BY ADDENDUM NO. 1 00 41 10-21Rj REVISED BID FORM 10 AGGREGATE BASE CLASS 5 - SIDEWALK/TRAIL TN 380 $ 18.59 $ 7,064.20 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL t2,B) TN 150 $ 113.00 $ 16,950.00 12 SITE GRADING LS 1 $ 12,445.00 $ 12,445.00 13 PREMIUM TOPSOIL BORROW (LV) CY 1600 $ 18.97 $ 30,352.00 14 SOD, TYPE LAWN 130 INCHES WIDE) SY 9500 $ 4'61 $ 43,795.00 15 IRRIGATION LS 1 $ 29,715.00 $ 29,716.00 16 4" SCH. 40 PVC PERFORATED (FRENCH DRAIN) LF 85 $ 18.11 $ 1,539.35 17 4" SCH. 40 PVC NON-PERFORATED DRAIN TILE LF 250 $ 5.66 $ 1,415.00 18 4" SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK LF 650 $ 12.72 $ 8,268.00 19 6" SCH. 40 PVC NON-PERFORATED DRAIN TILE LF 24 $ 17'87 $ 357.40 20 6" ALUMINUM FLARED END SECTION EA 1 $ 337.00 $ 337.00 21 RIP RAP, CLASS II CY 3 $ 135.87 $ 407.61 22 2X3 CATCH BASIN EA 2 $ 1,972.00 $ 3,944.00 23 6' CHAINLINK FENCING LF 910 $ 18.00 $ 16,380.00 24 RED BALL DIAMOND ROCK TN 50 $ 64.50 - $ 3,225.00 25 6' FENCE FABRIC AND RAILS LF 270 $ 16.00 $ 4,320.00 26 BACKSTOP FABRIC REPLACEMENT LS 1 $ 3,400.00 $ 3,400.00 27 11' 4" CHAIN LINK FENCE GATE EA 1 $ 1'100.00 $ 1.100.00 28 3' 6" CHAIN LINK FENCE GATE EA 1 $ 890.00 $ 830.00 29 2" NOMINAL SIZE POST COVERS EA 22 $ 60.00 $ 1,320.00 30 3" NOMINAL SIZE POST COVERS EA 14 $ 65.00 $ 910.00 31 TOP RAIL GUARD CAP LF 470 $ 3.00 $ 1,410.00 32 GEOTEXTILE FABRIC SY123 $ 680.40 33 SEGMENTAL BLOCK RETAINING WALL SF 300 $ 28.75 $ 8,625.00 34 CONCRETE PEDESTRIAN CURB RAMP SF 40 $ 7.75 $ 310.00 35 CONCRETE CURB AND GUTTER LF 20 $ 46.40 $ 92B.00 36 TRUNCATED DOME SURFACE SF 6 $ 50.00 $ 400.00 amISytan-ec 1 1938=5 REVISED BY ADDENDUM NO, 00 41 10-3jRl REVISED BID FORM 37 CONCRETE BLEACHER PAD SY 20 $ 69.75 $ 1,395.00 38 REMOVE AND REPLACE FOUL POSTS EA 2 $ 550. 00 $ 1,100.00 39 SILT FENCE LF 300 $ 2.50 $ 750.00 40 INLET PROTECTION EA 2 $ 125.00 $ 250.00 41 STREET SWEEPER (WITH PICKUP BROOM) HR 4 $ 149.00 $ 596.00 TOTAL BASE HID $ 273,981.64 ALTERNATE 1 - DRINKING FOUNTAIN 42 REPLACE DRINKING FOUNTAIN AND CONCRETE PAD EA 1 4,999.00 4,999.00 TOTAL ALTERNATE 1 $ 4,999.00 0 2015 Slantae 1193803055 REVISED BY ADDENDUM NO. 1 0041 W -41R) REVISED BID FORM STATE OF MINNESOTA • RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime rnntrnrtnr or SI ihrontmrtnr thnt mnkPs n fnkp atntnmpnt A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, Jonathan M. Peterson President (typed or printed name). (title) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Peterson Companies, Inc. !Name of the Person, Partneship or Corporation svbmitiing this proposal) 8326 Wyoming Trail (Business Address! 1 City, MN 55013 and TO Ii Signed April 30, 2015 Dofe 020155tantec 1193803055 REVISED BY ADDENDUM NO. 1 00 4t 10- S(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 shaft 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 capiial letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. if Bidder Is: SUBMITTED on April 30 -2015. Corporation Name: Peterson Companies, Inc. State of Incorporation: Type By: Name ityped or printed]: Title: __ President Minnesota Service, Limited Liabilityi: {Signature) Jonathan M. Peterson General Attest " (CORPORATE SEAL) (Sign to of Corporate Secretary) Business Street Address (No F Peterson Companies, Inc. 8326 Wyoming Trail, Chisago City, MIS 55013 Phone No.: (651) 257-6864 Fax No.: (651) 257-3393 Email: tjphillips@petersoncompanies.net 0 2015 Stantec 1 193803055 REVISED BY ADDENDUM NO. 004110-6(R) REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document MI Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Peterson Companies, Inc 8326 WyaminTrall Chlsago CIty,QN 55413 as Principal, hereinafter called 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 Connecticut as Surety, hereinafter called Surety, are held and firmly bound unto City of New hope 4401 Xylon Avenue N. New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total 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 (Here insert full name, address and description of project) Victory Park Improvements Project in New Hope, MN - City Project No. 942 NOW, THEREFORE, 6 the Obiigee shall accW 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 bored or bonds as may be specified in the bidding or Contract Documents with good and sufitcient surety for the faithful performance of such Contract and for the prompt payment of labor and rnatwW furnished in theproseeution ttteroof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shalt pay to the Obliggee the difference not to exceed the penaltyhereof between the amount spmffied 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 m 30th day of Aril , 2015 , Peterson Companies, Inc ircipa!) (Seal) (Tills) Jonathan M. Peterson President Travelers Casualty and surety Company of America Surety) (Seal) • (.ft) Linda K. French ,Attorney in Fact INSTRUTE OF ARCHITECTS, 1735 N.Y. AVE„ N.W., WASHINGTON, D.C. 20006 State of MINNESOTA County of CIUSAGO On this before me appeared ACKNOWLEDGMENT OF CORPORATION 30th ) ss. day of April 2015 , Jonathan M. Peterson , to me personally known, who, being by me duly sworn, did say that he is the of PETERSON COMPANIES, INC. 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 Jonathan M. Peterson acknowledged said instrument to be the free act and deed of said corporation. "R. . L/1UR1E LYONS M TA Notary Public County, �a a�. NOTii fm My Commission Exp' lies My commission e i Jatsogq 31, 2019 r ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNEPIN On this 30th day of April 2015 , before me appeared Linda K. French , to me personally known, who, being by me duly sworn, did say that she 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 Linda K. French acknowledged said instrument to be the free act and deed of said corporation. A 1-) /7 , :a 1J� #lfi`7fY BLODGETT r�rr ��1'P ` fG ttiklhR' TA ';"lfA�c.,.°�=;�='F�iiESQli�1118 W SITE & ATHLETIC FIELD CONSTRUCTION - LANDSCAPING • IRRIGATION - MAINTENANCE RESPONSIBLE CONTRACTOR VERIFICATION OF COMPLIANCE STATE OFMINN ESOTA ) ) SS. COUNTY OF CHISAGO f, Jonathan M. Peterson, an officer of Peterson Companies, Inc., herein referred to as "Contractor" certify that Peterson Companies, Inc, is in compliance with the Minimum criteria requirements of a "Responsible Contractor" as defined in subdivision 3 of the Minnesota Responsible Contractor Law, Minnesota Statutes § 16C.285. I further certify all subcontractors that the Contractor intends to retain have verified to the Contractor through a signed statement under oath by an owner or officer that they also meet the same minimum criteria; and that they have obtained the same from each lower tier subcontractor and will Furnish such signed statements upon request. Upon award Peterson Companies, Inc. will submit a Responsible Subcontractor Verification which is project specific listing subcontractors they intend to retain. I understand it is the responsibility of Peterson Company, Inc. to notify companies we have contracts with if we no longer meet the criteria of a "Responsible Contractor" and failure to do so may result in termination of Contract. I declare under penalty of perjury that, to the best of my knowledge, everything i have stated in this document is true. -7 � Signed this27day of (,t fn "C r 2015 : Jonathan M. Peterson Its: President Signed and sworn before me on ,,�f L�,' Notary Public j 2i) l5 s r. V 'vSI.N��LY,�•7�ti4t nA,�i,'1.AAArV�V 8376 *1oming Trail Chs= ;;o City, MN 55013 (t) 651-257.6854 (t) 651-257-3393 (_) admin@petersnncampanies.not www,pel er :oncn mpan le:.net An Affirmative Action, Equal Opportunity Employer UNANIMOUS CONSENT TO JOINT ACTION OF THE BOARD OF DIRECTORS AND SHAREHOLDERS OF PETERSON COMPANIES, INC. Pursuant to the provisions of Minnesota Statutes 302A, the following action is taken by the Board of Directors and Shareholders of Peterson Companies, Inc. (the "Corporation"), by unanimous written consent, as if a meeting of the Board of Directors and Shareholders had been duly called pursuant to notice and the Shareholders and members of the Board of Directors entitled to vote on the matters presented had been present and voting in favor of such action. There are 100,000 issued and currently outstanding shares entitled to vote on the matters presented herein ("Shares"), and the undersigned Shareholder is the holder of record of all of the Shares on the date of this Unanimous Consent. RESOLVED, that Jonathan M. Peterson, Curtis M. Peterson and Michael J. Peterson are appointed to the Board of Directors and each shall continue to serve until their successor is duly elected and qualified or he is removed by the shareholders of the Corporation; and it is FURTHER RESOLVED, that the following named persons are appointed to the offices set forth opposite their respective names, to serve in that capacity until their successor is duly elected and qualified: President / Treasurer: Jonathan M. Peterson Vice President: Curtis M. Peterson Secretary: Laurie Lyons The undersigned, constituting the sole Shareholder of record of the Corporation entitled to vote on the matters presented herein and the sole member of the Board of Directors, has executed this Unanimous Consent to Joint Action of the Board of Directors and Shareholders, effective April 21, 2011 Jona an M. Peterson, Shareholder & Director :1CL1E1 MC1ivnss FTeterson Coutp2ales. 1n6201Muy-Se11 Agrecment%t 1.0 4.21 Unacintous Consent to Action of the Bow! of Directors and Slurciioldcrs.doc WARNING CHIS POWER40FAirOFINEY IS 1-MALJ0 WITI C)UTTHE RED BOER POWER OF ATTORNEY TRAVELERS .1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Pad Guardian Insurance Company Attorney -In Fact No. 228554 Certificate No. 006272864 KNOW ALL MEN BY THF,SE 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 oorporations 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. Loins, Brian J. Oestreich. Sandra M. Doze, Jerome T. Ouinnet, D.R. Dougherty, Jack Cedarleaf 11. Kurt C. Lundblad, Pamela T. Can -an, 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 note than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 1N WITNOS tWlmi.EREOF, the Companies caused this instrument to be signed and their corporate seals to be hereto affixed, this 2nd flay or y , Farmington Casualty Company FideEty and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company • 1951SEAL �1k7r] State of Connecticut City of Hartford as. By. 'jwe Robed G, Raney, Kim Vice President On this the 2nd day of February, 2015 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. aT In Witness Whereof, I hereunto set my hand and official seal, V = k c • y My Commission expires the 30th day of June, 2016. # * lir Marie C. Teneautt, Nonny Public 19 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTDRNEY IS INVALID WITHOUT THE RED BORDER �- �- W. ANIN&THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey 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 FURTEM WML.VED. dial 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 or the foregoing authority to one or more otlicors 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 RMLVED, 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 IIS Company when (u) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice president, any Second Vice President, die Trcasurer,.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 Vire. 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. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revolted. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of April fe Kevin E. Hughes, Assistant See lacy X15 To verify the authenticity of this Power of Attorney, tail 1-800-021-3884 or contact us at www.travoicrsbond.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. _... _ WARNMIG:THIS POWIER.OF ATTORNEY iS INVALID WYTI-!OUTT_7iE.,R#D BDfE17ER SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Peterson Companies, 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: Boll field and trail improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Victory Park Improvements, City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Substantial Completion includes completion of all Work, including all ball field improvements, irrigation, fencing, and restoration. B. All Work will be Substantially Completed on or before October 2, 2015, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before May 27, 2016. 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 AGREEMENTFORM © 2015 Stantec 193803055 005210-1 time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices 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 Two Hundred Seventy -Three Thousand, Nine Hundred Eighty -One Dollars and Sixty -Four Cents ($273,981.64) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. .95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 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. © 2015 5tantec 1 193803055 6.03 Fina! 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." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. AGREEMENT FORM ® 2015 Stan tec 193803055 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 4 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: Victory Park Improvements. 7. Addenda Number 1. 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid F=orm. 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 low), 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 © 2015 Stantec 1 193803055 005210-4 1 0.03 Successors and Assigns A. Owner and Contractor- each binds itself, its partners, succesm, 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 Severabffity A. Any provigon 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 „Documexit& cgLbe reed to replace such stricken provision or part thereof with a valid 6hd erifarcecible provision that comes as close as possible to expressing the Intention of the stricken provision. ..Cbnt'rcrCfvr's C'er#ffdatiaris. . , • . B. Contractor certifies that it Dias not engaged -in corrupt, fraudulent, collusive, or coercive •pradtic`es•Ili'con)peting dor oelh executing the Contract. For the purposes of this Paragraph i 0:05. 1'. "'aornlpt practices' mecfhrs the offering, giving, receiving, or soliciting of any thing of value likely to in#luence the actlon of a public official in the bidding process or In the Contract execution; 2. "fraudulent practice" means an Intentional misrepresentation of facts made (a) to Influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to depaive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, xvith or without t( e.knowledge of Owner, :a<purpose of which Is to establish Bid prices at arfificlpl, non-competitive levels, and 4:: `t61*1vO proctic ..' i&ans harming or threatening to harm, directly or indirectly, persons or their' property to Influence thelr participation In the bidding process or affect the emcVtloil dt the Contract. ACWSMENT FORM O M 15 Stantec l 193800x55 M 5? 10-6 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 May 21st . 2015 (which is the Effective Date of the Agreement). City of R w`HoRe, Minnesota Addret Iqr gi i ": MY OF AGAI HOP; 4401 XYLON AVE NO. NEW HOPE, MN 55428 Designated Representative: Name: KIRK MCDONALD Tifle: CITY MANAGER Adds: 4407 XYLON AVE NO NEW HOPE MN 55428 Phone: 63-537-5100 Facsimile: 763-531-5136. Contracts; Peterson Attest: Address for ging no#i V��IQ� �hri AYE: License No.: (Where Applicable) Designated Representative: Nana` IrQ.� N �tSvn T-0!,ec� t"Urko- Address: L Phone: - pj " as o Facsimile: a I —og-�i'1�j END OF SECTION AGREEMENT FORM 0 2DU Stantec 1 193803055 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other patty shall be considered phlral where applicable: CONTRACTOR (Nance and Address): SURETY (Nmnty and Addmw of Prirtcfpal Place ofBusiness): Peterson Companies, Inc. Travelers Casualty and Surety Company of America 8326 Wyoming Trail One Tower Square Chisago City, MN 55013 Hartford, CT 06183-6014 OWNER (Name cad Address): City of New Hope 4401 Nylon Avenue North New Hope, MN 55428 CONTRACT -Effective Date of Agreement May 213t, 2015 Amount: $273,981.64 Two Hundred Sdventy-Three Thousand Nine Hundred Eighty -One and 641100 Dollars Description (Name and focation): victory Park Improvements, City of New Hope, Minnesota BOND Bond Number: 106256009 Date (Not exlkr than Effective Dare of Agreement): May 21st, 2015 Amount: $273,981.64 Two Hundred Seventy -Three Thousand Nine Hundred Eighty -One and 641100 Dollars Modifications to this Bond Farm: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below. do each cease this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Peterson Comnanies. Inc. (Seal) Travelers Casualty and Surety Compa!X of America (Seal) Contractor's Name and prporate Seel. SurvVs Name and Corporate Sear. By: By: hue Si ( h Power ofAthmney) Jonathan M. Peterson Print Name Brian J. Oestreich Print Name Attorney -in -Fact Title Melinda Blodgett, Surety Account Representative Title _.... Now Provide execution by additional pause, such as joint ventreers, if necessary. ZICDc 0411 Pwh nmm Hand(2007 - Pemp mvd by tbo gagip m tout Coahad Docaments Committer. 00 6113.13 1 eta 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 cmkrence 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 WWI 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 Contradm Default; and 2.2 Owner has declared a_ Contractor Default and formaUy 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 Undue 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, mange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with pmfarmartm and ptgnrent 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, dewrmine 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 fiam Owner to Surety demanding that Surety perform its obligations under this Bend, 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 eomplebe the Conftact, and if Surety elects to act under Paragraph 3.1, 3.2, or 33 above, then the responsibilities of Surety to Owner shall not be greder than those of Contractor under the Contract; and the roesponsrbilities of Ower to Surety shall not_be greater than those of Owner under the Contract To the limit of the amount of this Bond, but subject to commitment by Owner of the Bahmce of the Contract Price to mitigation of costs and damages on the Contract; Surety is obligated withoirt duplication for EJCDC "I Paiarmasca Bond MM Prepared by tk Bagb m=Jdd Coatrect Dae menfs Commitm-- 006113.13 Paee Z of3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design prokssional, and delay costs resulting from Contractor's Default, and resulting from the actions of lir faihnre 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 Conor. 6. Surety shall not be liable to Owner or others for obligations of Coirtractor 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. Suety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, awl other obligations. 8. Any proceeding, legal or equitable, under this Boil may be instituted in any court of con4mfent jurisdiction in the location in which the Work or part of the World is located, and shall be instituted within two years atter Contractor Default or within two years after Contractor ceased working or within two years aim 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 las been iinuished to comply with a statutory requirement in the location where the Contract was to be pah med, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herekom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bared 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, inchiding 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 thereot FOR INFORMATION ONLY -- (Nang Addruess and Tele} Surety Agency or Broker: Owner's Representative MxzMeer or o BJCDC 0414 FW*rmaree Bond M Frq wW by do Uglum Joint Co memimb ComwRtm _ 00 a 13.x3 EW3 od3._--- State of MINNESOTA County of CHISAGO On this ACKNOWLEDGMENT OF CORPORATION ss. V" day of before me appeared Jonathan M. Peterson being by me duly sworn, did say that he is the of PETERSON COMPANIES, INC. 2015 , to me personally known, who, 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 Jonathan M. Peterson acknowledged said instrument to be the free act and deed of coM corporation. LAURIE R. LYONS NOT,4RY PUBLIC - MINNES07A My Comrniss on L-xpires iz)n a,ry 19 34, 20 Is a ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNEPIN On this 21st day of May 2015 , 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. MELLINDA G BLJDGM NOTARY PUBLIC- MINNESOTA 141Y f OMA AI3Si0N EXPIRES 01/31118 Notary Public My commission expires: January , 2018 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS' Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 0 0 6 3 3 0 7 3 0 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 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, D. R. Dougherty, Jack Cedarleaf [l, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Teel R. Jorgensen, Emily Keiser, and Lin Ulven 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 the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Companv Fidelity and Guaranty Insurance Underwrites, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of Amertca United States Fidelity and Guaranty Company p�Su,�r f�� �Ftirs 4 ��M I kSV y ,ks�q qtr oho Y oc;j _�oma' HNRN . SBAL�5 1� CaN. ATN State of Connecticut City of Hartford ss. By: Robert L.. Raney, 6..ir Vice President On this the 8th day of May 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ?4A* Qi CMy Commission expires the 30th day of June, 2016. d # Made C. Tetreault, Notary Public 55440-5-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Pact 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 (h) 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 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 Fidelit% and Guaianty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies- which ie 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 21st day of May 20 15 Kevin E. Hughes, Assistant Se tary coo �[Y ����La¢y9N � $its • p� � • 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 -warned individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PAYMENTBOND Any singular refeream to Contract Snuuty, Owner, or other party shall be coundered phn-al where apphoeble. CONTRACTOR (Name card Address): SURETY (Name, and Address of Principal place of Peterson Companies, Inc. Bss). 8326 Wyoming Trail Travelers Casualty and Surety Company of America Chicago City, MN 55013 One Tower Square, Hartford, CT 06183-6014 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: May 21s4 2015 Amount $273,981.64 Two Hundred Seventy -Three Thousand Nine Hundred Eighty -One and 641100 Dollars Description (Name cmd Locatrvn): Victory Park Improvements, City of New.Hope, Minnesota BOND Bond Number: 106256009 Date (Not earlier than E, a-Alve Dante of Agreemeno: May 21st, 2015 Atnoant: $273,981.64 Two Hundred Seventy -Three Thousand Nine Hundred Eighty -One and 641100 Dollars Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the term set forth below, do each o use this Payment Bond to be duly awcuted by an auk officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Peterson CoMRaiies. Inc, Travelers Casualty and Surety Company of America(Seal) Coatractoes N 1porate Seal Surety's Name and Corporate Seal By; By;. S SkpdiA VAft Power of Attorney) Attest: Jonathan M. Peterson Prim Name Title Suture - Nrn, WA �) Brian J. Oestreich' Print Name Attorney -in -Fact Title Attest: L. Signature Melindg Bloduett. Surety Account Representative Tftle Note: Provide cremtion by additional parties, such as joint ventu ws, fnemawy• zMMC C415 PAYM seed (Zen Prepared byth0zz MJalatt~oatraetD*e=Mftcue. 00 6113.16 Paas 160 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 parionname of the Contract, which is incargorated herein by reference. 2. - With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all scans due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Desault. 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 inial: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice `to Surety (at the address described in Paragraph 12) and sent a copy, or notice thewo& to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Clairnalnts who do not have a direct contract with Contractor: 1. Have finnished written notice to Cou Tactor and sant a copy, or notice thereof, to Owner, within 90 days after having lastperformed labor or last #ivaished 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 pmf med; and 2. Have either received a rejection in whole or in part $om Contractor, or not received within 30 days of fimmishing 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 seat a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice dwre4 to Owner, stating that a .claim is being made under this Bond and enclosing a'copy of the previous written notice furnished to Contractor. 5. If a notice -by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient. compliance. 6. Wren a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 clays atter receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be Credited for any payments made ingood faiffi,.by Surety. 6. Amounts owed by Owner to Contractor under the Contract shall be used four the pa 6ormance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnislung and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract we dedicated to satisfy obligations of Contractor and Surety under this Bound, subject to Owner's priority to use the funds for the completion of the Work. WCDC G615 %yo entBoca "7) Premed by the BnODOen Saint Ce i a 11Docameaa CmmktM 00 6113.16 Page Z ora 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor dw are unrelated to the Contract. Owner shall not be liable for payment of any costs or agxnm of any Claimant under this Bond, and shalt have under this Bond no obligations to make payments to, give notices on behalf of: or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, incladmg 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 dant of competent jurisdiction in the location in which the Work or part of tree Work is located or after the ogiratioun of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fiunished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be malted 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 Band conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall 'be deemed hwTorataed herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a dirt 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, architwtural and engineering services required for pm*rmance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owncr, 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 MOMMON ONLY — (Nam address, cud Tekplkw) Suuety Agency or Brauer: Ow='s I resentatift, [ s irrew or otter): RarmC C-dis rays d ow Pon Prepabd6y 6o EngErteer Ud CmdratDwammnb Cotes. 006113.16b e34r3 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. County of CHISAGO ) On this 2 VS� day of before me appeared Jonathan M. Peterson being by me duly sworn, did say that he is the of PETERSON COMPANIES, INC. 2015 , , 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 Jonathan M. Peterson acknowledged said instrument to be the free act and deed of said corporation. s ~ '��� LAURIE R. LYONS NOTARY NBy - MINNESOTA My commission Expires t January 31, 2019 Y ACKNOWLEDG=MENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. County of HENNEPIN ) On this 21st day of May 2015 , 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. Notary Public Washington County, I��F�.i'DA C BLOi:GK EEO �7 My commission expires: January 31 , 2018 ?_;j+L`E'i:i:il5-:na[ 'i�y{39j3111� r WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ow POWER OF ATTORNEY TRAVELERSJ Farmlugton 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. 229381 Certificate No. 006330729 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 John E. Tauer, Linda K. French, R_ W. Frank, Cram Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimel, D. R. Dougherty, Jack Cedarleaf 11, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s)-in-Pack, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITWkS WHEREOF, the Compam have caused this instrument to be signed and then corporate seals to be hereto affixed, this day of may 20 5' 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 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company F1AR[mPD, �''�• # � Jt n •�E 'o' CONN. n C01p. � 5i+ 16pa �'' • F� � SANC`. alp . AN'�s' °�..x :..'�° h_ ! Fuse � , �� State of Connecticut City of Hartford ss. By: Robert L. Raney, Ki., Vice President On this the 8th day of May 2015 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. p.TltlT In Witness Whereof, I hereunto set my hand and official seal. Commission Conission expires the 30th day of June, 2416, 19 Lid # 58440-8-12 Printed in U.S.A. aiuJc+ C . .�►r+� Marie C. Trtreault, Notary Public WARNING: THIS POWER OF ATTORNEY 1S 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, recognizauces, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TE5TIIlIONY W21st May 15HEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 — 4o(<� Kevin E. Hughes, Assistant Sec tary ?GA6iI,���` 197 T � 6``4 �6d.. 1�"'�49 Jat•IN34g9y ��TY ANp� IiR�lly Y� ti�3� 9- � n !1♦� 3g ,i �gJl ,� a�SSALS83LLr�sa° y' Hero, b' ,�° t 6'ky i FY• .twNLE 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 -la -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. .,r _ Cld Am ZCA (01;NM OF FNGI ji ,: i.Ut3Pn .f NOR SCE American Society � �aitko he -R vow 0ty 09 Aof Civil Engineers x fessco�at Professional Engineersin Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by IV CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright �P 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nsp" American Council of Engineering Companies 1015 15th Street N. W., Washington, DC 20005 (202) 347-7474 www.acee.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyrigbt 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS 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 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Page 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 Article7 -- Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article8 - 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 0 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Pace 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 .............................................. 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects................................................................................................ .. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion...................................................... ........ 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments.................................................................................... ............... 53 14.03 Contractor's Warranty of Title......................................................................... ............. 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 standard General Conditions of the Construction Contract Copyright a 2007 National Society of Professional Engineers for EJCDC. Ali 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaLve iv 00 72 05 ARTICLE I — 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 9 2007 National Society of Professional Engineers for EdCDC. 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 Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 012007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives `Yeasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCAC. All rights reserved. Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Performa, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, `provide" is implied. F Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 007205 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 amnunt of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is. started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3-- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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 he otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of :t Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 8 of 62 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: I. 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 B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership, rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are fumished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall fixrnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 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. Paze 11 of 62 007205 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. Engineers 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 0 2007 National Society of Professional Engineers for EJCDC. Ali 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 malting such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 Cnntrartnr 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide C`.nntrartnr 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 parry 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.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All .rights reserved Paee 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or' disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence 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 there 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of; or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 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 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other parry 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 parry'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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 andequipment 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 C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. 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. Engineers Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. 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 furnish or perform any of the Work against whom Contractor has reasonable objection. B. if the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver farms 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 C 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 shdil give ail uoiices fequired by and shall comply with all Laws and Reg -al" -tions 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be 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. L 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. Ali rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall snake 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 ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 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. E TCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 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 0 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 Wnrk except fnr 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 7.0 LA 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 0 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.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 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 E7CDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of Inch 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 C 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. Pace 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAMS 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. Ail rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.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 parry making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a 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 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 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. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. 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 11.0 LA. 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 ILOLA and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 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 parry making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, 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 not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.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. Paee 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of ' 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and I1.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the parry making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C, If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor, ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 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 thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (D 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Paee 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a fimctioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list_ 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; 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 bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EdCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for ErCDC. All rights reserved. Pace 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 Cnntractnr shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: I. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will he paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 52 00 72 05 ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend. the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, 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. Pace 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02_C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02. 13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable suras for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and fiirnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; all claims, costs, losses, and damages (including but not limited to an fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 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 rind 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 parry 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 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. AM rights reserved. Pace 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. 7.04 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. AN rights reserved. Palle 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 I - DEFINITIONS AND TERMINOLOGY SC -1.01.A26 Add the following language at the end of the definition of Milestone: The completion dates for Milestones are defined in Section 00 52 00, Agreement Form. SC -11.01.A44 Add the following language at the end of.the definition of Substantial Completion: The Work is considered Substantially Complete as stated in Section 00 52 00, Agreement Form. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 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 Delete Paragraphs 4.02.A and 4.02.13 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. 0 2015 Stantec 193803055 SUPPLEMENTARY CONDITIONS 007305-1 SC -4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.8: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.13.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person Each Accident b. Property Damage: Each Accident Annual Aggregate © 2015 Stantec 193803055 $1,000,000 $1,000,000 $1,000,000 $1,000,00a SUPPLEMENTARY CONDITIONS 007305-2 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory- a. oncontributorya. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G.- H. .06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. 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." SUPPLEMENTARY CONDITIONS © 2015 StantPr 193Rnanss 007305-3 SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 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: 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. 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. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1193803055 00 73 05 - 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. Verity 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. 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. © 2015 Stantec 193803055 SUPPLEMENTARY CONDITIONS 007305-5 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. 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. SUPPLEMENTARY CONDITIONS © 2015 Stantec 193803055 007305-6 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 -10.05.6 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with fhe 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.O1.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project] . An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs..Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -1 i,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 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803055 007305-7 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 • PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, © 2015 Stantec 1 193803055 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 . 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. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. 4zINX01al4101 Mirk SUP'P'LEMENTARY CONDITIONS 02015 Stanten 19'4Rn..1n5.9 007305-9 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1 - Drinkina Fountain: Furnish the materials and labor necessary to install the drinking fountain service. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2015 Stantec , 193803055 010300-1 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: Victory Park Improvements for the City of New Hope, Minnesota, City Project No. 942. B. Description of Work: Project consists of placing fill and grading the main softball field and surrounding area, fence improvements, irrigation improvements, and installation of a new bituminous trail. 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 liquidoted damages, if any, are set forth in the Agreement. .06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Working Hours: Per City ordinance, the Contractor shall only work between 7 A.M. and 9 P.M., Monday through Friday, and between 9 A.M. and 9 P.M. on Saturday, unless given written permission by the City to perform Work outside these hours. .SUMMARY 0 2015 Stantar 119-qRn-T1.F.F 01 WOO- I 2. Existing aggregate base or reclaim material shall be utilized construction access from existing parking lot. 1.07 OTHER WORK AT SITE A. The bleachers currently located on the bituminous trail will be removed by the Owner prior to Work commencing. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2015 Stantec 1193803055 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid, 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates maybe accepted by the Owner in any order and maybe used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 - Drinking Fountain - Add to Total Base Bid 1. In general the Work of this Alternate No. 1 consists of all costs to remove and replace the existing drinking fountain and concrete pad. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment 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 Hnfimc irlPntlfk-rl nt the Preconstruction Conference. 0 2015 Stantec 1 193803055 PRICE AND PAYMENT PROCEDURES 012000-1 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. AZIPK*3a 4144dII Q21 PRICE AND PAYMENT PROCEDURES 0 2015 Stantec 1 193803055 01 2000-2 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. Telephone/Cable: Comcast, Centuryl_ink. C. Owner requires a 48-hour notice for all utility interruptions. .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 Stormwater Discharges Associated With Construction Activities NPDES General Permit. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. 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 2015 5tantec 1 193803055 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 ore 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 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 © 2015 Stantec 1 193803055 01 31 00-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 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 ail activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 0 2015 Stantec 1 193803055 SUB&MITAL 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 1 1 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, offer 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. F Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. SUBMITTAL PROCEDURES © 2015 Stantec 1193803055 01 3300-2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION m 2015 Stantec 193803055 SUBMITTAL PROCEDURES 013300-3 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. ..03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. .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. R4161 KTIT&I N:1i•G121.9:119 A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. .06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS ® 2015 Stantp- 014000-1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer, PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS C 2015 Stantec 1 193803055 01 4000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be 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 2. No Bid Item has been provided for Traffic Control or Detour. All major construction activity restricted to the field area and adjacent parking lot. 3. No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. 4. All other Work and costs of this Section shall ba incidontal to tho Projoct and includod in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 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. ® 2015 Stanti - 191RMCISS TEMPORARY FACILITIES AND CONTROLS 01 5000-1 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. Salvage and reinstall all signs, posts, etc. that maybe within the Site as directed by Engineer. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction . 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803055 01 5000-2 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. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan. The Engineer may accept, reject, or suggest alterations to the plans. 3.06 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. END OF SECTION TEMPORARY FACILITIES AND CONTROLS m 2015 Stantec 1 193803055 01 5000-3 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? F Yes F No Do any devices need repair? Tr, Yes No Were all replaced or repaired? Yes No 2. Are any lights (flashers, etc.) not functioning? 7- Yes 0 No Were they all replaced or repaired Yes U No 3. Are any devices improperly placed? Yes 7-1 No Were all positions corrected? Yes INO 0 4. Do any devices need cleaning? r-7 Yes 3 No Where all devices cleaned? l kYes No ADDITIONAL COMMENTS: The above check was completed by on, of: f, d a' e) M L" AM [2. PM SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Inlet Protection: Measurement will be by each. 3. A Bid Item has not been provided for Water for Dust Control. Water used for construction will be considered incidental to the project. 4. All other Work and costs nf this SPrtinn shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2130 - Application of Water for Dust Control. 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. 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. TEMPORARY EROSION AND SEDIMENT CONTROL ® 2015 Stantec 193803055 01 5713-1 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2D a. Submitted when requested by the Engineer. b. Site pians 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. x.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 Stormwater Permit for Construction Activity and the appropriate fees 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. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPS with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2015 Stantec 193803055 015713-2 C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E, Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or 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 $2,000 per calendar day deduction for noncompliance. H. 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 (MS). 2.02 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884, B. Type Hydraulic Mulch C. Type Bonded Fiber Matric (BFM), 100 -percent wood fiber mulch. 2.03 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.04 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. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2015 Stantec 193803055 015713-3 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock logs) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royclenterprises.net/) . 4. Rock filter as shown on the Drawings. 2.05 SEDIMENT CONTROL LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.06 DUST CONTROL A. Water clear and free from suspended fine sediment. 2.07 TEMPORARY SEED A. Conform to Section 32 92 00. B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. 2.08 FLOCCULANTS: Conform to MnDOT Spec. 3898. PART 3 EXECUTION 3.01 GENERAL A. Comply withal] 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 2015 Stantec s 193803055 01 5713-4 C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) 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 maybe 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. 2573.3.13. 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. Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. 5. Type Bonded Fiber Matrix (BFM) a. Application Rate for Slopes less than 1:3: 3,000 lbs per acre. b. Application Rate for Slopes between 1:3 and 1:2: 3,500 lbs per acre. 2 applications shall be necessary. c. Application Rate for Slopes greater than 1:2: 4,500 lbs per acre. 2 applications shall be necessary. TEMPORARY EROSION AND SEDIMENT CONTROL 2015 Stantec 1 193803055 01 5713-5 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 on emergency overflow to reduce flooding potential. F. Rapid Stabilization 1. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3.M with Seed Mix 21-112 or 21-111. 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. Maintenance: Conform to MnDOT Spec. 2573.3.K 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 2015 Stantec 193803055 015713-6 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that sweeper is operating to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. .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. EXECUTION REQUIREMENTS 0 2015 5tantec 193803055 01 7000-1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, 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. D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of work at industry recognized standard -mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 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. 0 2015 Stantec 1 193803055 EXECUTION REQUIREMENTS 01 7000-2 B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure opera bilitywithout 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. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. 3.07 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. 3.08 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 withholding, tax@5tate mn,us. END OF SECTION EXECUTION REQUIREMENTS m 2015 Stantec 193803055 01 7000-3 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 31 13.33 - Chain Link Backstops. 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 6' Chain Link Fencing. Per Lineal Foot of fence removed, including gates, posts, concrete post footings, rails, fabric, concrete maintenance curb, gates, ties, and accessories. b. Remove 6' Chain Link Fence Fabric and Rails. Per Lineal Foot of fabric and rails removed, including rails, fabric, post caps, gates, ties, and accessories. c. Remove Backstop Fabric. Per Lump Sum. Posts and existing rails to remain in place. d. Salvage and Reinstall Park Rules Sign: Per Each. Payment shall be made on each sign salvaged and replaced, regardless of size. Payment shall include bolted installation onto new fence fabric. 50 -percent payment shall be made on when sign is salvaged and stored such that the sign is not damaged. The remaining 50 -percent payment shall be made once the sign is reinstalled. e. Remove Bituminous Trail Pavement: Per Square Yard without regard to thickness. Includes disposal of removed pavement, saw cutting of the existing pavement, and aggregate base removal below the existing trail. f. Remove Concrete Bleacher Pad: Per Square Yard without regard to thickness. Saw cutting is incidental. g. Remove Concrete Curb and Gutter: Per Lineal Foot of the type specified, includes saw cut at existing curb, and the removal of the plantings associated with the curb removal. h. Salvage and Reinstall Park Rules Sign: Per Each. i. Remove and Replace Foul Posts: Per Each. j. Replace Drinking Fountain and Concrete Pad: Measurement shall be per Lump Sum, and include all costs for removal of existing fountain and concrete slab, installation of new 4' by 4' concrete pad at a minimum 4" depth, and connection :{ v ® 2015 Stantar 193R(1MSA to existing service pipe, valves, fittings, and all other appurtenances as required to install a new Hawsco 3380FR Fountain. 3. All other Work and costs off his Section shall be incidental to the Project and included in the Total Base Bid. '..03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition fMnDOT Spec.) 1. 2104 - Removing Pavement and Miscellaneous Structures. .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 reassembled, 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. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor: 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. PART 2 PRODUCTS A. Drinking Fountain 1. Hawsco 3380FR (freeze -proof). B. Foul Poles 1. Conform to Section 32 31 13.33 - Chain Link Backstops. PART 3 FILL HOLES OR DEPRESSIONS 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. SELECTIVE SITE DEMOLITION © 2015 Stantec 1193803055 0241 13-2 B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. Fx Fill holes resulting from removals consistent with Section 31 23 00. ICKOYMa 0*19x01111*1 i,i A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All required site fencing, silt fencing, and other temporary erosion control measures shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, posts, fences, etc. that may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct active 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 at areas where turf is not specifically shown to be removed. G. Holes or depressions created by removals shall not be left open for more than one day. Any hole within 10 feet of existing active sidewalks or trails shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.03 REMOVE BITUMINOUS SURFACING A. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. B. Remove bituminous in such a manner that the remaining surfacing is not damaged. 3.04 REMOVE CURB AND GUTTER A. Saw cut at removal limits. SELECTIVE SITE DEMOLITION © 2015 Stantac 19.'iRf1.' M-1; 0241 13-3 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 6 inches beyond the edge of new driveways). 3.05 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT section 2104.3.B. B. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. 2. Sign locations shown on the Drawings are only approximate. The final locations shall be determined in the field by the Engineer. Contractor is responsible for having all underground utilities located prior to installinq all signposts. 3.06 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. 3.07 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. 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 on the project site is not allowed. END OF SECTION SELECTIVE SITE DEMOLITION © 2015 Stantec 193803055 0241 13-4 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL .01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. Sod Removal: This Work is considered incidental to the other Work of the Contract. 2. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 3. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 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. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2101 -Clearing and Grubbing. 2. 2571 - Plant Installation and Establishment. 1.04 QUALITY ASSURANCE A. Burning 1. Onsite burning not allowed. 2. Acquire Minnesota Pollution Control Agency (MPCA) and all required State Permits. 3. Conform to all local regulations. 1.05 SITE CONDITIONS A. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.06 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. SITE CLEARING © 2015 Stantec 1 193803055 31 1000-1 PART 2 PRODUCTS 2.01 WOUND DRESSING A. Only applied to Oak and Elm trees at the direction of the Engineer or City Forester. B. Asphalt base tree paint. C. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Assume multiple mobilizations for the Work off his Section. B. Stockpile soil to eliminate contamination with other on Site materials. 3.02 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re -spread as identified on the Drawings: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.03 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right-of-way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. 3.04 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. END OF SECTION © 2015 Stantec 193803055 SITE CLEARING 31 1000-2 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes T. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 10 00 -Site Clearing. 4. Section 31 23 13 - Subgrade Preparation. 5. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Granular Borrow. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place as specified. a. if the aggregate backfill material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 3. A Bid Item has been provided for Site Grading (LS). Measurement includes topsoil stripping, subgrade preparation, common excavation, grading, and final shaping. 4. A Bid Item has been provided for Premium Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All excavation, hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid item. a. If the top soil is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material being placed 6" thick. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. EXCAVATION AND FILL © 2015 Stanter 19..W3().55 31 2300-1 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. T.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. 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 fencing removals. B. Complete Subgrade for ball field immediately after sod removal and common excavation. C. Complete finish grading of turf areas within 5 calendar days after fill. PART 2 PRODUCTS 2.01 MATERIALS A. Common Borrow: Conform to MnDOT Spec. 2105.2B 1. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils which contain organics, contain debris or are potentially exponsive (CH or MH per the Unified Soil Classification System). B. Granular Borrow: Conform to MnDOT Spec. 3149.2131 C. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. D. Premium Topsoil Borrow Material: Conform to MnDOT Spec 3877.21D, Sandy Loam Topsoil Borrow, except as modified herein, 1. Material shall be screened and pulverized. c _ EXCAVATION AND FILL © 2015 Stantec , 193803055 31 2300-2 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. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, 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. 2105.3D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 3. No solid rock will be allowed within T 2 inches of the subgrade. 4. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENT MATERIALS 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 — _-------------- EXCAVATION AND FILL ® 2015 5tantec 1193803055 31 2300-3 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 (ovoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3H, or as modified herein. 1. Finish grading of granular borrow prior to placement of a topsoil 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. 2. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL 0 2015 Stantec 1 193803055 31 2300-4 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing abase or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material if excavation and rough grading of subgrade is not performed under this Contract. B. Subgrade preparation shall be performed on the existing gravel base prior to placement of additional gravel base material. C. Subgrade preparation shall be performed prior to placement of the concrete curb and gutter. D. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. E. Subgrade preparation shall be performed prior to placement of the bituminous / aggregate base course. © 2015 StantPc 1918 nsn5:S 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. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, or as modified below. 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 PREPARA7MO © 2015 Stantec 193803055 31 2,1113-2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base Class 5-Sidewalk/Trail. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 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," 2014 Edition (MnDOT Spec.). 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances. PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate, except as modified herein. AGGREGATE BASE COURSES © 2015 Stamp,- i 19--VMnr%s 321123-1 For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or may allow for monetary price adjustments per 2211.5. 2. Corrective action for failing aggregate tests may include removal and replacement of all non -conforming materials. 3. Onsite recycled materials shall not be used. 4. Imported recycled aggregate base will be accepted per conformance with MnDOT Spec. 3138.2.C. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100 -Percent Standard Proctor Density. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES 0 2015 Stantec 1 193803055 3211 23-2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.4 and 2360.5, except as modified herein. 2. No Bid Items have been provided for bituminous material, as tack coat shall be considered incidental to the bituminous trail and patching. 3. A Bid Item has been provided for Type SP 9.5 Bituminous Mixture (2,B), Trail: 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, MnDOT 2014. b. The Bid Unit Price includes both the bituminous trail and patching adjacent to the pedestrian ramp in the parking lot. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 4. All other Work and costs off his 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," 2014 Edition (MnDOT Spec.). 1. 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated. A copy can be found at http://www.dot.stafe.mn.us/pre-letting/sr)ec a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat 3. 2535 - Bituminous Curb 4. 3139 - Graded Aggregate For Bituminous Mixtures FLEXIBLE PAVING (MUNICIPAL PROJECTS) 02015 Stantec 1 193803055 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 0 T . B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and notice to the Owner. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.I A, except as modified in the typical section Detail Drawing and Bid FormPothways, Driveways, Parking Lots, and Patching - Wearing Course - SPWEA240B. B. Conform to MnDOT Section 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1 H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.2G, 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 2360.11 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 2360.11 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 2360.10 and 2360.11. a. A verification sample will betaken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2015 Stantec 193803055 32 12 01 -2 PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. 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 same day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2 -foot wide (min.) romp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3.A, except as modified herein. B. All 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. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3.B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3.C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3.D (Table 2357-2). 2. Along the front edge of the concrete curb and clutter, prior to placement of both bituminous base and wearing course. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 02015 Stantec 193803055 32 12 01 -3 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.3.E, except as modified herein. 1. Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 T 7. 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) 0 2015 Stantec i 193803055 32 12 01 -4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART i GENERAL .01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways, medians, driveways, and valley gutters. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 01 - Flexible Paving (Municipal Project). 5. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Bid Item for Concrete Bleacher Pad has been included in the Bid Form. Measurement shall be on the basis of in-place square yard. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk is considered incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 1123. 2. A Bid Item has been provided for Concrete 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 is considered incidental. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 02015 Stantac 193803055 321314-1 3. A Bid Item has been provided for the Truncated Dome Surface, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually constructed. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 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. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 -Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3753 -Type 1-D Membrane Curing Compound. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. .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 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. ­CNCRFE WALKS, MED) ANS , AND DMVR1AY3 © 2015 Stantec 1 193803055 °` 3. Mix Designation and Classification. a. Sidewalk and Residential Driveways 1 j Manual Placement Mix No. 3A32A. 2) Slip Form Placement Mix No. 3A22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. 2. Aggregated Base: Conforming to Section 32 11 23. 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, median, driveways, and valley gutters at the locations and elevations indicated on the Drawings. C. Construct walkways and medians 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. Fi. Concrete washout locations shall conform to the requirements of the NPDES. 02015 Stantec 1 193803055 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 321314-3 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 11 23 or Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3C. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3D.2, except as modified herein. 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2 -inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.31D and 2531.31D for slip form or 2531.31 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 ] 0 -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. 7038A or current revision 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2015 Stantec 193803055 321314-4 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3E and 2521.3E. i .a (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 of the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 flours, shall conform to MnDOT Spec. 2521.3E.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3G, 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 0 2015 Stantec 193803055 321314-5 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete curbs, and concrete curb and gutter, B. Related Sections T. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Bid Items have been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for eoch type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of curb. 2. No separate measurement or payment for modifications at curb ramps, transition sections, or B618 curb installed at catch basins and radii. 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. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2461 -Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 7. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions.' CURBS AND GUTTERS ® 2015 Stantec S 1938M55 32 16 13 - 1 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within i week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. Allow for sufficient curing time. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air-Enfraining Admixtures: Conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct concrete curb ramp depressions to conform to the detail on the Drawings. E. 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. F. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. CURBS AND GUTTERS 0 2015 Stantec 193803055 321613-2 G. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3.03 FORMS A. Conform to MnDOT Spec. 2531.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides a. Placement at catch basins conform to the details on the Drawings. b. Placement at service line trenches conform to the detail on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G.1.o (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to S hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G.1.b curing blanket 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 curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 0 2015 Stantec 193803055 CURBS AND GUTTERS 321613-3 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.31H, except as modified herein. 1. Initial Backfilling a. Follow the 72 -flours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.31, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS 4, 0 2015 Stantec 193803055 321613-4 SECTION 31 32 13.33 CHAIN LINK BACKSTOPS PART 1 GENERAL 1.01 SECTION INCLUDES A. Softball field fencing. B. Replacement of backstop chain-link fabric. 1.02 MEASUREMENT AND PAYMENT A. Measurement and payment for 6 -foot Chain Link Fencing shall be on a Lineal Foot basis, including all posts, rails, foundations, fabric, and accessories. B. Measurement and payment for Replacement of 6 -foot Fence Fabric and Rails shall be on a Lineal Foot basis, including all rails, fabric, and accessories. C. Measurement and payment for Post Covers shall be on an Each basis for each post size. D. Measurement and payment for Top Rail Guard Caps shall be on a Lineal Foot basis. E. Measurement and payment for 1 1'-4" and 3'-6" Chain Link Fence Gate shall be on on Each basis for each gate size. F. Measurement and payment for Backstop Fabric will be on a Lump Sum basis, which shall include installation of new rails. 1.03 SUBMITTALS A. Submit typical layout, elevation, and section drawings for fences, gates, and backstop. Show installation details for all end, corner, and line posts_ B. Submit 12 inch by 12 inch samples of each style of chain link fabric. PART 2 PRODUCTS 2.01 FENCING MATERIALS A. Fabric: Fabric shall be No. 9 gauge steel wire, except that No. 6 gauge fabric is required at the lower 6'-0" section of the backstop. Aluminized fabric shall be coated before weaving with a minimum of 0.4 ounce per square foot of surface area in accordance with ASTM A491. The steel wire and coating shall conform with ASTM A817. Fabric shall have knuckled top and bottom edges. Width of fabric shall be 6'-0". Mesh size shall be 2 inches. B. Rails: Rails for fencing and backstop to be hot -dipped galvanized, Schedule 40 steel pipe 1-1/4" Nom. Size, 1.660 inch O.D. (2.27 #/ft.). Provide with expansion sleeve couplings. Top CHAIN LINK BACKSTOPS © 2015 Stantec 193803055 31 32 13.33 - 1 rail is to pass through base of post cap and is to securely fasten to end, gate and corner posts. Bottom rails are required for all fencing. C. Ties shall be No. 9 gauge galvanized steel wire at 14 inches on center on all posts and rails. D. Fittings: To be of malleable iron, hot -dip galvanized after fabrication. Provide caps for all posts. Gates: Gate frames shall be fabricated from minimum 1-1/2" (1.900" O.D.) hot -dipped galvanized, Schedule 40 steel pipe (2.72 Ib/ft.). Gates shall have all bracing shown on Drawings, or more as recommended by the manufacturer, and shall include positive type latching devices with padlock provisions. Diagonal brace bars shall be provided in fence section adjacent each side of each gate. Double swing gates shall have a center plunger rod with double latch and semi-automatic outer catches. F. Top Rail Guard Caps: Shall be bright yellow, ultra -violet protected polyethylene plastic, 4- 1/2" outside diameter, furnished in 250' length coils. G. Fence Posts: All posts shall be hot -dipped galvanized, Schedule 40 steel pipe and shall conform to the latest ASTM designation. Post sizes and foundations shall be as follows: 6' Fence Line Post Diam. (Nom. Pinel 2" 6' Fence End/Corner Post 6' Fence Gate Post 18'Backstop 18' Backstop Foul Line -Poles 2-1/2" 2-1/2" 3-1/2" 2-1/2" Weight Min 3.65 Ib/ft. 5.79 Ib/ft. 5.79 Ib/ft. Exist. to Remain Exist. to Remain Bury Depth Min 4'-0„ 3'-9" 3'-9" Conc. Foundation Size Min None - Line Driven 12" Diameter By 4'-0" Depth 12" Diameter By 4'-0" Depth Exist. to Remain Exist. to Remain Exist. to Remain Exist. to Remain 2-1 /2" 5.79 lb/ft. 3'-9" 14" Diameter By 4'-0" Depth H. Post Covers: at the team bench areas and adjacent bleacher pads, the existing fence posts would be difficult to remove and replace without damaging the existing concrete slabs that are to remain. Posts at these locations shall instead remain in place, and be covered by new, larger diameter galvanized steel schedule 40 posts that are placed and secured over the top of the existing posts. At the 13 locations where existing posts are 2-1/2" nom. diameter (2.875" O.D.), the post covers shall be 3" nom. diameter, 7.58 Ib/ft (3.068" I.D., 3.500" O.D.). At the 18 locations where existing posts are 1-1/2" nom. diameter (1.900" O.D.), the post covers shall be 2" nom, diameter, 3.65 lb/ft (2.067" I.D., 2.375" O.D.). 2.02 CONCRETE MIX A. ASTM C94 Portland cement concrete with maximum 3/4" aggregate, having a minimum compressive strength of 3,500 psi at 28 days. OO 2015 5tantec ; 193803055 CRAW LINK BACKSTOPS 31 32 13.33 - 2 3.01 INSTALLATION A. Post Setting: Set end, corner, and gate posts plumb in concrete footings. Top of footing shall be 3" below finished grade, with the concrete rising towards the post to shed water. All other fence posts shall be line -driven into the soil without the use of concrete footings. Maximum post spacing shall be 10'-0" on center. B. Order of Construction: Posts that require concrete footings shall be installed prior to installation of aggregate maintenance strip. Aggregate maintenance strip shall be installed and graded to a tolerance of ±0.03' prior to installation of line -driven posts and fabric. C. Top Rail: Install through line post caps, connecting sections with sleeves to form a continuous rail between end posts. D. Bottom, Mid, and Extra Rails: Connect to posts using brace attachments. Bottom rails shall be installed with center -of -rail at 2" above grade (1.17"±0.25" clear opening below rail). Extra rails shall be installed on the existing backstop where shown on the Drawing details. E. Fabric: Pull fabric taut with bottom selvage 1" above grade. Fasten to terminal posts with tension bars threaded through mesh and secured with tension bands at maximum 15" intervals. Te to line posts and rails with tie wires at maximum 14" spacing. Fabric shall be installed on inside face (on the ballfield side) of all fence posts, including outfield fences. F. The fence shall follow the slope of the ground surface. Fence installer shall coordinate with others to verify that final grades are established prior to fence installation. G. Foul line poles shall be painted with 2 coats of Alkyd Enamel paint over galvanized metal primer. Paint color to be bright yellow, to match color of polyethylene top rail guard caps. H. Top Rail Guard Caps: Guard caps shall be installed on all fencing, except sides and back of team bench area fences. Attach cap to fence fabric and rails using ties at spacing recommended by the manufacturer. Post Covers: Post covers shall be secured to posts with two 3/8" diameter galvanized steel bolts & locknuts per post, with one bolt at the bottom of the post and the other at the top of the post. Drilled holes for bolts shall be 7/16" diameter. Provide new post caps for all new covered posts. J. Backstops: Existing posts and rails shall remain in place. New extra rails shall be added across full length of backstop, including side panels. Extra rails shall be installed at 2'-1" height and at 3'-11" height. Install new 6' width chain link fabric material over entire area of backstop, overlapping fabric 3" to 4" at each joint. Lower 6' width of fabric shall be 6 gauge, and upper two 6' widths shall be 9 gauge. MWAKWelivAl a U 11W Z A. The area of installation shall be left free of debris caused by the installation of the fence. END OF SECTION CHAIN LINK BACKSTOPS © 2015 StantP- 19��gn5s ';1 32 13.33 - 3 SECTION 32 32 23 SEGMENTAL RETAINING WALLS PART 1 GENERAL 1.01 SECTION INCLUDES A. This work shall consist of furnishing and installing a Segmental Retaining Wall (SRW) System in accordance with the following Specifications and in close conformity with the lines, grades, design, and dimensions shown on the Drawings. The Engineer reserves the right to alter the alignment to improve constructability and aesthetics. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Segmental Block Retaining Wall. Measurement shall be on the basis of square feet of surface area constructed: 1. Buried courses shall be included in the area measurement. 2. Payment at the Bid Unit Price shall include: a. Masonry units. b. Aggregate base and backfill materials. c. Filter fabric. d. Geogrid reinforcement. e. All other labor and materials necessary to completely construct the wail in accordance with the Drawings and Specifications. B. A Bid Item has been provided for Geotextile Fabric. Measurement will be based on units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. C. 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. Engineering Design: 1, NCMA Design Manual for Segmental Retaining Walls, Second Edition -1997. 2, ASTM 6638-01 Determination of Connection Strength Between Geosynthetics and Segmental Concrete Units. 3. NCMA SRWU-2 Determination of Shear Strength Between Segmental Concrete Units. B, Segmental Retaining Wall Units: 1. ASTM C140 - Sampling and Testing Concrete Masonry Units. 2. ASTM C1262 - Standard Test Method for Evaluating the Freeze -Thaw Durability of Manufactured Concrete Masonry Units and Related Concrete Units. 3. ASTM C1 372 - Standard Specification for Segmental Masonry Retaining Wall Units. SEGMENTAL RETAINING WALLS © 2015 Stantec 1 193803055 323223-1 C. Geosynthetic Reinforcement: 1. ASTM D4595 - Standard Test Method for Tensile Properties of Geotextiles by the Wide - Width Strip Method. 2. ASTM D5262 - Standard Test Method for Evaluating the Unconfined Tension Creep Behavior of Geosynthetics. 3. Geosynthetic Research Institute (GRI): a. GRI - GG4 Determination of Long Term Design Strength of Geogrids. b. GRI - GG5 Determination of Geogrid (soil) Pullout. D. Drainage Pipe: 1. ASTM 3034 - Specification for Polyvinyl Chloride (PVC) Plastic Pipe. 2. ASTM D1248 -Specification for Corrugated Plastic Pipe. E. Soils: 1. ASTM 698 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort. 2. ASTM 448 - Standard Classification for Sizes of Aggregate for Road and Bridge Construction. 3. ASTM 422 - Particle Size Analysis. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit wall unit manufacturer's information, including wall unit sizes, shapes, materials, colors, patterns, etc. Include standard design information for proposed units, including allowable heights for various soil types, back slope conditions and surcharge conditions. Indicate which design sections are applicable for each location proposed. C. Material Submittals - Submit manufacturers' certifications, prior to the start of work, stating the SRW units, bockfill, and the drainage aggregate meet the requirement of Part 2 - Products. Provide a list of successful projects with references showing that the installer for the segmental retaining wall is qualified and has a record of successful performance. D. Samples - Color of wall units and cap units shall be determined by the Owner prior to design. Submit standard color pallets and facing choices to the Engineer for final selection. Furnish 1 unit in the color and face pattern selected, if requested. Furnish one 12 inch square or larger piece of the geosynthetic reinforcement to be used on the Project, if requested. _ Submit Surface Sealer manufacturers' data. i.05 WALL DESIGN CRITERIA A. Retaining walls shall be designed in accordance with recommendations of the NCMA Design Manual for Segmental Retaining Walls, Third Edition - 2014. The design provided by the Contractor shall consider the internal stability, including pullout, tensile overstress and internal sliding. The design shall also include external stability of the reinforced soil mass, including base sliding, overturning, and bearing. Analysis of the global stability or general mass movement of the SRW and adjacent soil mass, bearing capacity, and settlement estimates shall be determined by the Engineer employed by the Owner. SEGMENTAL RETAINING WALLS © 2015 Stantec 193803055 323223-2 1.06 DELIVERY, STORAGE, AND PRODUCT HANDLING A. The Contractor shall inspect the material upon delivery to assure that the proper type and grade material has been received. B. The Contractor shall store and handle all materials in accordance with manufacturer's recommendations and in a manner to prevent deterioration or damage due to moisture, temperature changes, contaminants, corrosion, breaking, chipping, or other causes. 1.07 APPROVED SEGMENTAL RETAINING WALL SYSTEMS A. Suppliers of segmental retaining wall systems shall have demonstrated experience in the construction of similar size and types of segmental retaining walls on previous projects. Block used on the project shall meet the special compressive strength and durability requirements specified below in Part 2 - Products. Suppliers currently approved for this work are: 1. Anchor Block Wail Systems. 2. Keystone Retaining Wall Systems. 3. Rockwood Retaining Walls, Inc. 4. Versa -Lok Retaining Wall Systems. 5. Allan Block Retaining Wall Systems. 6. Or an approved equal. PART 2 PRODUCTS 2.01 CONCRETE SEGMENTAL RETAINING WALL UNITS A. Color and face pattern of wall units and cap units shall be determined by Owner prior to design. B. Retaining wail units shall be approximately 18 inches wide x 8 inches high with a straight face and split rock textured surface. C. Cap units shall be compatible with wall units and shall be sloped to shed water. 2.02 DRAINAGE PIPE A. The drainage collection pipe shall be perforated or slotted, PVC or corrugated HDPE pipe. The pipe may be covered with a geotextile sock that will function as a filter. B. Drainage pipe shall be manufactured in accordance with ASTM D3034 and/or ASTM D 1248. 2.03 DRAINAGE AGGREGATE A. Drainage aggregate shall be clean crushed stone or granular fill meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passina 1 inch 100 3/4 inch 100-75 No. 4 60-0 No. 40 50-0 No. 200 5-0 SEGMENTAL RETAINING WALLS 0 2015 Stantec 1193803055 323223-3 2.04 REINFORCED BACKFILL A. Reinforced backfill shall be free of debris and consist of i off the following inorganic USCS soil types: GP, GW, SW, SP, SM meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passina 2 inch 100-75 3/4 inch 100-75 No. 4 100-20 No. 40 60-0 No. 200 35-0 The plasticity of the fine fraction of the reinforced soil shall be less than 6. B. The maximum aggregate size shall be limited to 3/4 inch unless field tests have been performed to evaluate potential strength reductions to the geogrid design due to damage during construction. C. Material can be site excavated soils where the above requirements can be met and whose soil properties meet the soil design properties. Unsuitable soils for backfill (high plastic clays or organic soils) shall not be used in the backfill or in the reinforced soil mass. D. Contractor shall submit reinforced fill sample and laboratory test results to the Architect/Engineer for approval prior to the use of any proposed reinforced fill material 2.05 LEVELING BASE A. Leveling base material shall consist of a compacted crushed stone base or non -reinforced concrete as shown on the Drawings: 1. Aggregate Base: Crushed stone or granular fill meeting the following tradition as determined in accordance with ASTM D448: Sieve Size Percent Passing 1 inch 100 No. 4 70-35 No. 40 35-10 No. 200 10-3 Base thickness shall be 6 inches (minimum compacted thickness). B. Concrete Base: Nonreinforced lean concrete base: 1. Compressive Strength: 500 psi (maximum). 2. Base thickness shall be 6 inches. 2.06 SURFACE SEALER A. Approved surface sealers are: 1. TK Products 1140 West 47th Street Minnetonka, MN 55343 Product Name: TK -590-40 TK -290-12 TK -290 WB 20 © 2015 Stantec 1 193803055 w 2. ChemRex, Inc. 889 Valley Park Drive Shakopee, MN 55379 Product Name: Hydrozo Enviroseal 40 Hydrozo Enviroseal 20 3. Prosoco 3741 Greenway Circle Lawrence, KS 66046 Product Name: Sure Klean Weather Seal SL40 Sure Klean Weather Seal Siloxone WB 4. Other products approved by the Engineer 2.07 ADHESIVE A. Adhesive for anchoring cap unit to the course below shall be Sta-Stuck SS400 construction adhesive, or equal. 2.08 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type 5 (non woven). PART 3 EXECUTION 3.01 EXAMINATION A. Examine the areas and conditions under which the retaining wall system is to be erected and notify the Engineer in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected. B. Promptly notify the wall design Engineer of Project Site conditions which may affect wall performance, soil conditions observed other than those assumed, or other condition that may requires a reevaluation of the wall design. C. Verify the location of existing structures and utilities prior to excavation. 3.02 PREPARATION A. Ensure surrounding structures are protected from the effects of wail excavation. B. Excavation support, if required, is the responsibility of the Contractor, including the stability of the excavation and its influence on adjacent properties and structures. 3.03 EXCAVATION A. Contractor shall excavate to the lines and grades shown on the Construction Drawings. Owner's representative shall inspect the excavation and approve prior to placement of leveling material or fill soils. Proof roll foundation area as directed to determine if remedial work is required. B. All excavations shall be in accordance with OSHA regulations. SEGMENTAL RETAINING WALLS © 2015 Stantec ; 193803055 323223-5 C. Over -excavation and replacement of unsuitable foundation soils and replacement with approved compacted fill will be compensated as agreed upon with the Owner. 3.04 GEOTEXTILE FABRIC A. Fabric shall be installed as identified in the Drawings, prior to construction of the base leveling pad. 3.05 BASE LEVELING PAD A. Leveling pad material shall be placed to the lines and grades shown on the Construction Drawings, to a minimum thickness of 6 inches and extend laterally a minimum of 6 inches in front and behind the modular wall unit. B. Soil leveling pad materials shall be compacted to 98 percent of maximum density as determined by ASTM D698 - Standard Proctor density. C. Leveling pad shall be prepared to insure full contact to the base surface of the concrete units. 3.06 MODULAR UNIT INSTALLATION A. First course of units shall be placed on the leveling pad at the appropriate line and grade. Alignment and level shall be checked in all directions and insure that all units are in full contact with the base and properly seated. B. Place the front of units side-by-side. Do not leave gaps between adjacent units. Layout of corners and curves shall be in accordance with manufacturer's recommendations. C. Install shear/connecting devices per manufacturer's recommendations. D. Place and compact drainage fill within and behind wall units. Place and compact backfill soil behind drainage fill. Follow wall erection and drainage fill closely with structure backfill. E. Maximum stacked vertical height of wall units, prior to unit drainage fill and backfill placement and compaction, shall not exceed 2 courses. 3.07 BACKFILL PLACEMENT A. Backfill shall be placed, spread, and compacted in such a manner that minimizes installation damage. B. Backfill shall be placed and compacted in lifts not to exceed 6 inches where hand compaction is used or 8 inches where heavy compaction equipment is used. Lift thickness shall be decreased to achieve the required density as required. C. Backfill shall be compacted to 95 percent of maximum density as determined by ASTM D698 - Standard Proctor density. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be dry of optimum, +/- 2 percent of optimum. D. Only lightweight hand -operated equipment shall be allowed within 3 feet from the back of the modular concrete unit. SEGMENTAL RETAINING WALLS © 2015 Stantec 193803055 323223-6 E. At the end of each day's operation, the Contractor shall slope the last lift of backfill away from the wall units to direct runoff away from wall face. The Contractor shall not allow surface runoff from adjacent areas to enter the wall construction site. 3.08 CAP INSTALLATION A. Cap units shall be glued to underlying units with an all-weather adhesive recommended by the manufacturer. B. Adjacent cap units shall have a gap of no greater than 1/4 inch. 3.09 AS -BUILT CONSTRUCTION TOLERANCES A. Vertical Alignment: ± 1.5 inch over any 10 foot distance. B. Wail Batter: Within 2 degrees of design batter. C. Horizontal Alignment; ± 1.5 inch over any 10 foot distance. Comers, bends, curves ' 1 foot to theoretical location. D. Maximum horizontal gap between erected units shall be 1/2 inch. 3.10 PROTECTION AND CLEANING A. Adequately brace work to prevent damage of any kind. B. Protect installed material to prevent staining or damage from the elements. C. At a time near completion of work, clean all exposed surfaces to provide a uniform appearing job. D. Apply surface sealer at manufacturer's recommendations. 3.11 WALL SEALER A. All units shall have their surfaces sealed. B. Surface sealing shall consist of preparation, furnishing and applying the surface sealer to the top, exposed front face, and backside of the upper 3 courses. C. The Contractor shall comply with the manufacturer's written instruction for preparing, handling, and applying the surface sealer. D. The surface to be treated shall receive a light water -blast to the extent that the surface is clean and free of oils. E. Before the surface sealer is applied, the surface to be sealed shall be dry and free of all dust, debris, and frost. F. Surface sealer shall be applied at the heaviest application rate specified by the sealer manufacturer. END OF SECTION 02015 Stantec , 193803055 323223-7 SECTION 32 84 00 PLANT IRRIGATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for the design and installation of a fully operable automatically controlled in -ground irrigation system. 1.02 PRICE AND PAYMENT PROCEDURES A. A Bid Item has been provided for Irrigation System and Controls. Measurement will be by Lump Sum. Payment will constitute compensation in full for all work and costs to furnish and install the irrigation system and controls including piping, controllers, valves, sprinkler heads, backflow preventers, valve boxes, and all other related appurtenances to connect to the existing irrigation system as identified on the Drawings. B. All other Work and costs offhis Section shall be incidental to the Project and included in the Total Base Bid. 1.03 CONTRACTOR'S RESPONSIBILITY A. The Irrigation System Contractor shall be responsible for the following: 1. Review and understanding of existing irrigation system. 2. Coordination with other all other trades. 3. Detailed design of an irrigation system for the Site. The limits of the areas to be irrigated are indicated on the Drawings. Design shoal include pipe sizing, head selection, locations of heads, zoning, and control systems, Design shall provide no irrigation across walks and no over -spray onto walks or buildings. Irrigation pian, design details and product sheets shall be submitted to the Engineer and Owner for review and approval prior to purchasing any materials. 4. Labor and materials necessary to install a new irrigation system as shown in general on the plans as well as make connections to the existing system. The Irrigation Contractor shall also be responsible for connecting to the existing irrigation control system, protecting and connecting to the existing soccer field irrigation. 5. Testing of the complete irrigation system. 6. Startup and adjustment of system. 7. Provide Owner's employees with operational training on site and Operation and Maintenance Manuals for all components. 8. As -built drawings showing the location and features of ail irrigation components. 1.04 INSTALLER'S QUALIFICATIONS A. The installing company to have a minimum of 5 years continuous, satisfactory, and documented experience by installing permanent in -ground irrigation systems of comparable size and scope. PLANT iR IGAT ION 0 2015 Start— 193803055 32 € 4 00 - 1 1.05 CODES AND INSPECTIONS A. The entire installation shall fully comply with all local and state Laws and Ordinances and with the established codes applicable thereto. B. The Contractor shall take out all required permits, arrange for all necessary inspections, and pay any fees and expenses in conjunction with the some as part of the Work under this Contract. 1.06 SUBMITTALS A. General 1. Substitutions to be submitted prior to bidding based on the substitution process in the General Conditions and herein. 2. Submit all required items for approval before Work is started. 3. The Contractor shall submit to the Owner's Representative samples, certificates, manufacturers' literature, and certified tests for materials specified below. No materials shall be ordered until the required samples, certificates, manufacturers' literature, and test results have been reviewed and approved by the Owner's Representative. Submittals for Review 1. Preliminary layout to Owner, prepared on 11 inch by 17 inch sheets. 2. Shop Drawings. Submit 3 copies of detailed irrigation drawings showing a complete irrigation system including head layout, pipe sizing, and hydraulic calculations. 3. Materials List. Submit 3 copies of a list of all materials and products that are part of the irrigation system including, but not limited to: pipe, fittings, mainline components, water emission components, and control system components. Quantities and part numbers for all materials shall be listed. C. Informational Submittals 1. Manufacturer's Literature and Data: Submit 3 copies of manufacturer's catalog cuts, specifications, and operating instructions for the equipment listed on the materials list. 2. License and Permits. Submit copies of all applicable licenses, permits, and proof of payment for required fees. D. Closeout and Project Record Submittals 1. Record Drawings. Submit "As -Built" drawings showing all modifications to the original design and specifications, including exact field locations, sizes, and types of equipment. As -built drawings at the completion of the Project. 2. Guarantee. Contractor shall submit a written guarantee of replacement of any component of the irrigation system, which proves defective in material, workmanship, or installation for 1 calendar year after date of final acceptance. Guarantee shall include spring start-up and winterizing of system within the 1 -year time and development of approved water application schedule. Winter damage due to improper winterization is the responsibility of the Contractor. 3. Irrigation System Manual. Prior to the end of installation and before the maintenance period begins, furnish one copy of irrigation system manual to Owner's Representative outlining installed components, maintenance and care,of the installed system for a full season. Include irrigation system information in a 3 -ring binder with a table of contents and index sheet. Provide sections that are indexed and labeled for valves, sprinklers, pipe and fittings, wire and wire connections, ID tags, shop drawings, and all other irrigation equipment shown or described on the Drawings and within these PLANT IRRIGATION © 2015 Stantec 193803055 328400-2 Specifications. Highlight items being supplied on the catalog cut sheets. Submittal package must be complete prior to review by the Owner's Representative. Incomplete submittals will be returned without review. 1.07 QUALITY ASSURANCE A. All Work and materials to be in full accordance with latest rules and regulations of the Division of Industrial Safety, the Uniform Plumbing Code, National Electric Code, Americans with Disabilities, and other applicable laws or regulation. B. Nothing in these Drawings or Specifications is to be construed to permit Work not conforming to these codes. C. Furnish, without extra charge, any additional material and labor as required to comply with these rules and regulations, though the Work is not mentioned in these particular Construction Documents. 1.08 EXAMINATION OF SITE A. The Contractor acknowledges that s/he has examined the Site and the submission of their Bid is considered evidence of examination and acceptance of Drawings, details, and Specifications has been made. 1.09 PROTECTION OF EXISTING CONDITIONS A. Become acquainted with all Site conditions. Locate existing utilities and equipment to remain. Should utilities or other work not shown on the Drawings be found during excavations, promptly notify Engineer. Failure to do so will make Contractor liable for any and all damage arising from operations subsequent to discovery of such utilities not shown on Drawings. B. Before starting Work on this Section, report to the Engineer, in writing, conditions which will prevent the proper provision of this Work. Beginning the Work of this Section without reporting unsuitable conditions to the Engineer constitutes acceptance of conditions. Any required removal, repair, or replacement of this Work caused by unsuitable conditions to be done at no additional cost to Owner. C. Take necessary precautions to protect existing Site conditions. Repair any damaged item to its original condition or furnish and install equivalent replacement at no additional cost to Owner. 1.10 COORDINATION A. Schedule and coordinate Work with other trades to facilitate Work and avoid conflicts in construction sequence and equipment installation. B. Review entire plan set and coordinate with other trades as required by sequence of construction to enst.irP provision of mrsinlinP onrl PIPr-trir-rel conduit stub -outs at all required locations. PLANT IRRIGATION © 2015 Stantec 193803055 328400-3 1.1' CONDUCT OF WORK A. Maintain a skilled foreman on the Site atoll times during the installation of Work. The foreman must have the authority to act on all matters pertaining to the Work. B. Confine operations to the areas to be improved and those allowed for material storage. 1.12 DELIVERIES, PRODUCT HANDLING AND STORAGE A. Provide and pay for transportation, including but not limited to, delivery and removal from the Site of materials and equipment, as required to complete Work. B. Materials to be delivered to the Site, handled, and stored in accordance with manufacturer's recommendations. C. Protect Work and materials under this Section from damage during construction and storage. Protect polyvinyl chloride (PVC) pipe and fittings from direct sunlight. Beds on which pipe is stored must be full length of pipe. 1.13 RECORD DRAWINGS A. Keep construction Drawings on the Site at all times. Keep daily record of Work installed each day. After all Work is complete have a set of Record drawings prepared, by a competent draftsperson, on a reproducible copy of the irrigation plan. Record drawings are to show all deviations from the Contract Documents and detailed irrigation system Shop Drawings. Show locations of underground equipment by dimensioning off known points of reference. Indicate material substitutions in legend. Include manufacturer name, catalog/model number and size. C. Deliver completed Record drawings to Engineer prior to Final Acceptance. 1.14 CLEANING/RESTORATION A. Keep all areas of work clean, neat, and orderly at all times. Clean up, remove, and legally dispose of all debris from the work area prior to final acceptance. B. Keep streets clean and free of debris. 1.15 PROVISIONAL ACCEPTANCE A. Work under this Section will be accepted by Engineer upon satisfactory completion of all Work. 1.16 MAINTENANCE PERIOD A. The Maintenance Period begins after all Work is complete as determined by the Engineer, and runs concurrently with the Sod Establishment Period as identified in Section 32 92 00. Obtain written approval to begin Maintenance Period. Maintenance is to be by qualified and experienced personnel and includes, but is not limited to, operating, flushing and PLANT IRRIGATION pO 2015 5tantec i 193803055 328400-4 adjusting the irrigation system to assure complete coverage, minimum overthrow, and adequate watering. B. Maintenance Period may be extended by the Engineer if the system is improperly maintained. 1.17 FINAL ACCEPTANCE A. Work under this Section will be accepted by Engineer upon satisfactory completion of the Maintenance Period. .18 SEQUENCING AND SCHEDULING A. All work must be done prior to substantial completion asset forth in the agreement. aL•L7_1:i:7_1VII111'1 A. In addition to manufacturer's warranties, all Work is to be warranted for 2 years from the date of Final Acceptance against defects in material, equipment, and workmanship. Warranty is to also cover repair of damage to any part of the premises resulting from leaks or other defects in materials, equipment, and workmanship to the satisfaction of the Owner. B. During the warranty period, the Contractor is to drain and "winterize" the irrigation system(s) each fall for the winter and is to put the irrigation system (s) back into operation each spring at no additional cost to the Owner. .20 DEFINITIONS A. The "Engineer" is the person, appointed by the Owner, to represent their interests. PART 2 PRODUCTS 2.01 GENERAL A. Provide new products in perfect condition. 2.02 RAIN SENSOR A. Furnish and install, as required by Minnesota State Law, rain sensing technology for the irrigation system. 2.03 REMOTE CONTROL VALVES A. Shall be manufactured by Toro and be industrial quality. 2.04 QUICK COUPLING VALVES A. Shall be manufactured by Toro and be industrial quality made out of brass. 2.05 IRRIGATION HEADS A. Manufacturer: All new components shall be manufactured by Toro. 0 2015 Stantec 1 193803055 PLANT IRRIGATION 328400-5 B. Manufacturer's standard unit designed to provide uniform coverage over entire area to be irrigated. C. Pop -Up Spray Zones: Toro 570-Z series spray heads. Contractor to select pop-up height and nozzle to provide head-to-head coverage. D. Rotary Spray Zones: Toro 640 gear driven. 2.06 PIPE A. All pipe 2 -inch diameter or larger and all pipe under constant pressure shall be virgin, high impact, polyvinyl chloride (PVC) pipe having a minimum 160 p.s.i. working pressure rating. The PVC pipe shall conform to ASTM Standards D2241 and D2672 or the latest revisions thereof. All PVC pipe shall be continuously and permanently marked with the manufacturer's name, material, size, and schedule. B. PVC pipe fittings shall be constructed of Schedule 40 PVC and shall be joined to the pipe by solvent welding. C. Pipe sleeves used under new hard surfacing shall be Schedule 40 PVC. D. Pipe 1-1 /2 inch diameter or smaller and all pipe used for lateral lines not under constant pressure shall be flexible, non-toxic, 100 percent virgin polyethylene pipe material meeting NSF Standard for use in Pressure Potable Water Applications. All sizes shall have a minimum 100 psi working pressure rating. The polyethylene pipe shall conform to ASTM Standard D2239 and D1248 or the latest revisions thereof. All polyethylene pipes shall be continuously and permanently marked with the manufacturer's name, material, size, and schedule. E. Polyethylene pipe fittings shall be plastic Type PVC or nylon insert fittings and/or brass saddle tees. All joints shall be clamped with all stainless steel clamps. All 1-1 /4 inch and larger joints shall be double clamped. 2.07 SWING JOINTS A. Ali Quick Couplers to be installed on 1 inch by 12 inch, 3 elbows, O-ring sealed, brass outlet PVC swing joints as manufactured by Dura Plastic Products, Inc, 2.08 FITTINGS AND NIPPLES A. As recommended by manufacturer of pipe being installed. 2.09 FITTING COMPOUNDS, SOLVENTS, AND WRAPS A. Primer and Cement: As recommended by manufacturer of pipe being installed. B. Thread sealant: Non -hardening sealant compatible with pipe being installed. PVC pipe: Christy's Teflon paste or equivalent on constant pressure (mainline) threaded connections. Do not use thread lubricant on PVC pipe. Galvanized, brass or copper pipe: RectorSeal No. 5. C. Teflon tape: for PVC male threads on non -pressurized (lateral line) threaded connectors only. OO 2015 Stantec 1 193803055 PLANT IRRIGATION 328400-6 2.10 WIRE A. Common and control wire. U.L. approved for direct burial, 600 volt UF, solid copper conductor, AWG No. 14 minimum size. All common wire is to be white, Model No. PG -14 -WH. Control wire is to be red, Model No. PG -14 -RD; use a different color for each controller. B. Splicing Materials: Packaged kit approved for underground use such as 3M DBY, Spears Dry Splice, or approved equivalent. 2.11 VALVE BOXES A. All remote control and quick coupler valves to be placed in valve boxes. B. Remote Control Valves: The valve boxes shall be plastic with latching covers by Ametek Economy, 12 inch rectangular, orjumbo size, or approved equal. The valve boxes shall be of a size that provides adequate space for repairs. C. Quick Coupler Valves; The valve boxes shall be plastic with latching covers by Ametek Economy, 10 inch round, or approved equal. The valve boxes shall be of a size that provides adequate space for repairs. 2.12 KEYS A. Provide Owner with the Following: For quick coupling valves, provide minimum 1 locking key, one operating key and matching hose swivel for every 5 quick couplers installed. Provide 1 key for every 5 valve boxes installed. 2.13 CHECK VALVES A. Adjustable spring type with molded Schedule 80 PVC body and stainless steel spring. Hunter HCV series, KBI CV series, or approved equivalent. 2.14 IRRIGATION CABINET A. The existing cabinet is located in the garage building on site. 2.15 WATER METER A. Water meter to be provided by Owner. 2.16 SUBSTITUTIONS A. Substitutions must have written acceptance of Engineer. Substitutions must equal the standard of products specified in the Construction Documents. B. Installation of any accepted substitution is Contractor's responsibility. Any changes required by installation of any accepted substitution must be made to the satisfaction of Engineer and at no additional cost to Owner. C. Acceptance by Engineer of substituted equipment does not waive these requirements. PLANT IRRIGATION 0 2015 Stan#ec 193803055 328400-7 2.17 MAINTENANCE MATERIALS A. Damaged or defective irrigation components are to be replaced to match those originally specified. PART 3 EXECUTION 3.01 GENERAL A. Furnish and maintain all warning signs, shoring, barricades, red lanterns, and other equipment as required by the Division of Industrial Safety and local ordinances. Mark open trenches and piles of excavated material. 3.02 WORKMANSHIP A. The Contractor to be responsible for full and complete coverage of all irrigated areas and to make any necessary minor adjustments at no additional cost to the Owner. B. All equipment and materials to be installed in accordance with the manufacturer's recommendations. 3.03 SYSTEM DESIGN A. Provide shop drawings of a complete irrigation system design for review and acceptance by the Engineer. 1. Do not design system to overspray onto buildings, walkways, roadways, other paved surfaces and/or parked vehicles. 2. Areas to receive irrigation as delineated on the irrigation drawings. 3. Provide separate zones for each type of component — rotors, spray, etc. 3.04 LAYOUT A. The Contractor shall be responsible for system layout and full complete coverage of the area indicated on the Drawings. B. Layout shall conform to existing site conditions and avoid conflict with trees, light standards, and other Site elements. C. Take care to coordinate layout of rotary nozzle heads with landscape. Submit to Engineer for review any increases in, and slight adjustments to, the areas delineated to receive irrigation in response to the planting layout. D. Full and complete coverage is required. Make any necessary minor adjustments to achieve full coverage at no additional cost to Owner. 3.05 EXCAVATING, TRENCHING, AND BACKFILLING A. Contractor shall be responsible for locating, protecting, and repairing all underground utilities. 8. Perform all excavations as required for the installation of the irrigation system. Protect existing concrete curbs, bituminous roadways, drain the at the back of the curb, and PLANT IRRIGATION © 2015 5tantec 1 193803055 328400-8 aggregate beneath curbs and roads. Restore all surfaces, existing underground installations, etc., damaged or cut as a result of the excavations to their original condition and in a manner approved by the Engineer. C. Dig trenches wide enough to allow a minimum of 6 inches between parallel irrigation pipes lines (12 inches from pipe of other trades). Do not install pipe directly over other lines in the some trench. 1. Dig trenches for pipelines shall be made of sufficient depth to provide cover from finish grade as follows: a. Main Lines: 18 inches minimum. b. Control Wires from Controller to Valves: 18 inches minimum. c. Lateral Lines to Heads: 12 inches minimum. D. All backfill material shall be free from rock, large stone, and other unsuitable material to prevent damage to the pipe. Backfilling of trenches shall be done when pipe is cool to avoid excessive contraction. All backfill material shall be compacted to 90 percent density in 6 inch layers as it is brought up to grade to insure no settling. Dress off all areas with topsoil to finish grades. Contractor shall be responsible for regrading and resodding areas where settlement occurs. 3.06 INSTALLATION OF PIPING A. All pipes shall be installed in accordance with manufacturer's recommendations. B. Plastic pipe and fittings shall be solvent welded using solvents and methods as recommended by the pipe manufacturer. Pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before applying solvent. C. Pipe may be assembled and welded on the surface. Snake pipe from side to side of trench bottom to allow for expansion and contraction. D. Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. All piping shall be securely capped at the end of each day's work. E. All piping shall be flushed of construction debris at the last head of each zone. F. Contractor shall be responsible for all piping, conduit, and wiring related to the automatic controller and any other control devices. G. All piping passing under pavements shall be encased in PVC sleeving extending at least 2 feet beyond the edges of the pavement. 3.07 INSTALLATION OF WIRE A. Control wire shall be installed with the main line in the same trench wherever possible. Install control wires at least 18 inches below finish grade and lay to the side and below main line. Provide 24 -inch expansion coils within valve boxes, and snake wire in trench to allow for contraction of wires. PLANT IRRIGATION 0 2015 Stantec ° 193803055 328400-9 B. Control wire splices will be allowed only in runs of more than 500 feet. All underground splices shall be waterproofed with wire connectors and Direct Burial Splice Kit (DBY) as manufactured by 3M Company. C. All wire passing under pavements shall be encased in PVC sleeving extending at least 2 feet beyond the edges of the pavement. 3.08 IRRIGATION HEADS A. Locate rotors and spray heads 4 inches inside fences, curbs, and edges of walks unless noted otherwise on Drawings. B. Select nozzle pattern to fit area being irrigated. C. Select pop-up head to match existing as required to control low head drainage. D. Ensure that all required filter screens are installed in short radius spray heads as directed by manufacturer. E. Flush lateral circuits thoroughly before installing nozzles. F. Adjust all nozzles for proper distribution and trim. 3.09 QUICK COUPLING VALVES A. Locate quick coupling valves 12 inches from remote control valve boxes. If not located near valve groups, locate at edge of walk or other element to facilitate location in the field. Blowouts will be incidental to installation of irrigation. 3.10 REMOTE CONTROL VALVES AND VALVE BOXES A. Install remote control valves in valve boxes and group together. Align short side of box parallel with walk or pavement edge. Install boxes 12 inches from pavement edge, buildings or walls, and 12 inches apart. B. Flag proposed valve box locations and review with Engineer prior to installation. C. Set valve boxes so that top of cover is 1 inch above finish grade in shrub/groundcover areas. Fill bottom of box 4 inches deep with 3/4 inch drain rock. Do not bury valve. D. Label each valve with polyurethane I.D. tag showing controller and station number. Attach to control wire. Christy Standard Tag or equivalent. E. Label each valve box with the station number etched on the cover. 3.1 CHECK VALVES A. Install per manufacturer's instructions on sprinkler risers or lateral lines as necessary to control low head drainage. 3.12 CONTROLLER A. Install per manufacturer's instructions and local code. PLANT IRRIGATION 0 2015 Stantec 193803055 328400-10 B. Provide a GFI duplex outlet and power switch on the power source. C. Install all 120 volt AC power supply wire within PVC Schedule 80 conduit. Splices must be made within junction boxes. Coordinate power supply with local power company. D. Ground controller. E. Connect remote control valves to controller in sequence as noted on Shop Drawings. F. Label valve wires at controller terminal strip with non -fading numbered tape. G. Prepare controller chart delineating what area is covered by each valve. H. Mount controller within specified enclosure. 3.13 WATER SUPPLY A. The Contractor shall connect to the existing water supply at the location shown on the Drawings. 3.14 CLOSING PIPES AND FLUSHING LINES A. Cap or plug all openings as soon as lines have been installed to prevent entrance of soil or other materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation, B. Thoroughly flush all water lines before installing nozzles or valves. 3.15 BACKFILLING AND COMPACTING A, After system is operating and required tests and observations have been made, backfill trenches with sand or finely divided soil, free of rubbish and rocks. B. Compact backfill for trenches equal to surrounding undisturbed soil. C. Dress off all areas to finish grades. Adjust grades if settlement occurs. 3.16 FLUSHING, TESTING, AND ADJUSTMENT A. Request the presence of the Owner in writing at least 48 hours in advance of testing. B. Testing shall be accomplished at the expense of the Contractor and in the presence of the Owner and the Engineer. C. Center load piping with a small amount of backfill to prevent arching or slipping under pressure. D. Apply a continuous and static water pressure of 60 PSI when welded plastic joints have cured at least 24 hours and with the risers capped. Test main lines and submains for 12 hours. Test lateral lines for 2 hours. E. Contractor shall repair all leaks resulting from the tests at no additional cost to the Owner. PLANT IRRIGATION 0 2015 Stantec 193803055 328400-11 F. After sprinkler piping and risers are installed and during installation of sprinkler heads, open control valves and flush debris clear of pipe. G. Adjust sprinklers after installation for proper and adequate distribution of the wafer over the coverage pattern. Adjust for the proper arc of coverage. H. Tighten nozzles on spray type sprinklers after installation. Adjust all electric remote control valve flow control stems and pressure regulating devices for system balance where applicable. J. Test and demonstrate operation of the sprinkler system to the Owner's Representative. K. Fully flush all subsurface piping manually and demonstrate flush valves for proper operation. L. Coverage Test: After all risers and heads are installed, check for complete and even coverage of all planting areas. Adjust to eliminate overthrow onto paved surfaces, buildings, fences, parked cars, etc. M. Operation Test: Prior to the start of the Maintenance Period, set the controller on automatic operation and irrigate automatically throughout the Maintenance Period. 3.17 CLEAN-UP/RESTORATION A. Remove from the Site all debris resulting from the work of this Section. Sod all turf areas disturbed by the construction. 3.18 ADJUSTING A. Prior to Final Acceptance, adjust and regulate entire system. 3.19 DEMONSTRATION A. System Layout: Provide reduced prints of as -built drawings and include in Operations Manual. B. Upon completion of Work, instruct Owner in operation and maintenance procedures for entire system. C. Prepare and deliver to Owner an Operations Manual, in a 3 -ring binder, which includes the following: Manufacturer's data sheets, maintenance and parts information for each type of equipment installed; equipment warranties; and names and addresses of Contractor, subcontractors, and equipment suppliers. 3.20 MAINTENANCE A. System Testing 1. Monitor irrigation system components to maintain a continuous, trouble-free operation. 2. Monitor and adjust controller scheduling to supply water appropriate to plants and general weather conditions during the Maintenance Period. Check for complete and even coverage of all planting areas and to avoid overthrow onto paved surfaces, site furnishings, and buildings. PLANT IRRIGATION © 2015 Stantec 193803055 328400-12 3. Flush and adjust heads to maintain proper coverage. 4. Promptly repair and replace any equipment damaged by maintenance operations at no additional cost to Owner. 5. Perform Operation Test at start and 30 days prior to the end of the maintenance period. Set the controller on automatic operation and irrigate automatically through 2 cycles. Examine each circuit for deficiencies. 6. Promptly report all damage not resulting from Contractor's negligence to Owner for direction regarding repair or replacement. 7. Perform all seasonal maintenance work including fall shutdown and spring startup during the warranty period. B. Adjustments Set watering schedule on controllers appropriate to type and maturity of plants and performance based on available pressure. Adjust throughout the year for seasonal change. C. Pipe Repair 1. During routine maintenance, staff should be on the lookout for both breaks in the main lines and lateral lines. Repair broken pipes immediately. 2. Repair broken pipe with repair kit, slip fix, pressure sleeve or equal, or as required. 3. Where replacement pipe is required, use pipe and fittings to match original Specifications. D. Control Wires 1. Should control wires be cut or damaged, locate area of damage and splice in new section of wire using splicing kit. Place splice in 6 -inch round box similar to valve box. 3.21 ACCEPTANCE A. Contractor shall test the irrigation system and make adjustments to heads, nozzles, and spray patterns as directed by the City and or Engineer until the system operates satisfactorily. B. The Engineer will provide written acceptance of the system. 3.22 WARRANTY A. Contractor shall provide a 1 -year warranty from date of acceptance for all parts, labor, and workmanship. END OF SECTION © 2015 Stantec ; 193803055 PLANT IRRIGATION 328400-13 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sod, Type Lawn (30 inches wide). Measurement will be based upon units of square yards of sod installed complete in place as specified, including installing topsoil, soil amendments, furnishing and installing sod, preparation of surface maintenance, and all incidental items associated with the Work. 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," 2014 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3 - years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. 0 2015 Stantec ; 193803055 329200-1 E. 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. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. .05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Sod - The establishment period shall be 60 days following installation. If sod is dormant, as determined by the Engineer, prior to 60 days after installation, the establishment period shall also include 30 days after dormancy in the following spring. .06 FIELD QUALITY CONTROL A. Provide Engineer with sod seed mix used for identification purposes. B. "Pick rocks" from topsoil that are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to sodding. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00, Excavation and Fill. 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 be complete fertilizer containing 24 -percent nitrogen, 12 -percent phosphoric acid, and 24 -percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SOD: Conform to MnDOT Spec. 3878.2D Mineral Sod. A. 30 inch wide sod shall be installed. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for sod. Schedule for restoration of areas may be revised to flit field conditions. © 2015 Stantec 1 193803055 TURF AND GRASSES 329200-2 B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately, 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2, Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574 C, Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.31D. 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft j. 3.04 PLACING SOD A. Conform to MnDOT Spec. 2575.3F. 0616M1iIM1i111111 A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.06 COMPOST A. When Compost is specified, thoroughly mix specified compost with specified topsoil prior to placement. TURF AND GRASSES © 2015 Stant— , 19 AWAn{S 329200-3 3.07 SOIL MOISTURE AMENDMENT A. Apply per manufacturer's recommendations. B. Thoroughly mix with topsoil and compost mixture prior to placement. C, This item shall be incidental to the Work. 3.08 TURF ESTABLISHMENT A. Water seeded and or sodded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas and 100 percent of sodded areas. 3.09 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.31K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. 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. C. Any sod that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Watering of sodded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. 3.10 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. 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. END OF SECTION © 2015 Stantec 1 193803055 TURF AND GRASSES 329200-4 SECTION 33 05 05 TRENCHING AND BACKFILLING PART] 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 31 10 00 - Site Clearing. 2. Section 33 46 00 - Subdrainage. 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. 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," 2014 Edition (MnDOT Spec.) 1. 2105 Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. ® 2015 Stantec 193803055 TRENCHING AND BACKFILLING 330505-1 .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. Filter Aggregate: Free draining mineral product used around drain file pipe. D. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 112 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. 3149.261 for granular borrow. a. No on the Site granular material encountered during construction may be used. b. 1 inch maximum aggregate size. 2.02 FILTER AGGREGATE MATERIAL A. Comply with Mn DOT Spec. 3149.2H. 0 2015 Stantec 1 193803055 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 hiti.iminni is chunks, onri 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 fail or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriateiy. G. Crossing Under Existing Utility Lines 1. . Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 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 T. Excavate trench to alignment and grade shown on the Drawings. 0 2015 Stante - 19aananrir, 330-505-3 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone:" 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth 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. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321 B. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. © 2015 Stantac I lQg8nAns5 TRENCHING AND BACKFILLING 330505-4 C. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. 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. 3.08 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 2015 Stantec 193803055 330505-5 SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 33 40 00 - Storm Drainage Utilities. 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 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. D 1248 - 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," 2014 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. I KiLl17MIll 1211110116'1 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. © 2015 Stantec 193803055 ADJUST MISCELLANEOUS STRUCTURES 330517-1 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. 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. 2.03 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.04 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cast 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. All manhole covers will be provided by the Owner. 2.05 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. PART 3 EXECUTION Ec�rjte7����1 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. 0 2015 Stantec 193803055 ADJUST MISCELLANEOUS STRUCTURES 330517-2 C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adjusting rings as per the following: Location of Sealant Type of Sealant Between casting and last ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 Between intermediate rings: 1/2 -inch bead of DOW 999 Between cone/top slab and first ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. 6. 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 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. 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 © 2015 Stant— 19w-VILi5 SECTION 33 40 00 STORM DRAINAGE UTILITIES FART 1 GENERAL .01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 31 23 00 Excavation and Fill. 2. Section 32 11 23 Aggregate Bose Courses. 3. Section 32 16 13 Concrete Curbs and Gutters. 4. Section 33 05 05 Trenching and Backfilling. 5. Section 33 05 17 Adjust Miscellaneous Structures. 6. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for 2x3 Catch Basin. Measurement will be based on units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 2. A Bid Item has been provided for 6" Aluminum Flared End Section. Measurement will be based on units of each size installed at locations indicated in the Drawings complete in place as specified, including critter guard, excavation, backfilling, and compaction. 3. A Bid Item has been provided for Rip Rap, Class II. Measurement will be based on units of cubic yards of Rip Rap placed according to class. Payment shall include placement of geotextile fabric. 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 Castings. 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. A760 - Specification for Corrugated Steel Pipe, Metallic - Coated for Sewers and Drains. 5. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C 139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. STORM DRAINAGE UTILITIES 0 2015 Stantec 1 193803055 334000-1 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 13. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 14. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 15. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 16. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wail Sewer and Drain Pipe. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 3226 - Corrugated Steel Pipe. 2. 3351 - Sheet Steel Products. 3. 2511 - Rip Rap. 4. 3601 - Rip Rap Materials. 5. 3733 - Geotextiles. 6. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 1992 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 1 - 23 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01 33 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plons and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. 3. Rip rap. © 2015 Star++ar- 19RA(13f15r, STORM DRAINAGE UTILITIES 334000-2 D. Manhole/Catch Basin Elevation Report The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. 7_1:11 x:101 billh 11�9 2.01 MATERIALS A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawings. D. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental block may be used for the lower portion of structures over large pipe only when approved by the Engineer. D. Manhole Joints: Rubber O-ring gasket type meeting ASTM C443. E. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. STORM DRAINAGE UTILITIES © 2015 Stantec 1 193803055 334000-3 B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of -Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. F. Provide report certifying that the quality assurance requirements were completed as required. 2.05 PIPE MATERIALS 1. Conform to Section 33 46 00, Subdroinage. 2.06 RIP RAP A. General Requirement: Conform to MnDOT Spec. 2511 1. Rip Rap Materials: Conform to MnDOT Spec. 3601 2. Granular Filter: Conform to MnDOT Spec. 3601.B. 3. Geotextile Filter: Conform to MnDOT Spec. 3733. 4. Grout: Conform to MnDOT Spec. 2461 PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Pipe Installation i. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care STORM DRAINAGE UTILITIES © 2015 Stantpr I i q.mnAn.s.s 334000-4 to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re-laid as directed by the Engineer. B. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Preformed inverts are not allowed. 4. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Position vertical wall of the eccentric cone on the downstream side. 8. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. C. Rip Rap 1. General: Conform to MnDOT Spec. 2511. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning 1. Consists of Cleaning the Pipe and Structures. a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. STORM DRAINAGE UTILITIES 020T5 Stan+o r i 19.., 4RnIQ5S 33 40 00 - 5 C. Required Tests and Inspections 1. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01 57 13. END OF SECTION STORM DRAINAGE UTILITIES © 2015 Stantec 1 193803055 334000-6 Manhole/Catch Basin Field Elevation Report () stantec Project: Date: Owner: Contractor: Stantec Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is required to complete this form before payment of structure is approved. Structure Location As - Structure Design Constructe Differenc Street Name Structure Structure Direction of or Easement Type Invert d Invert a Comments / Quality No. Station invert/Flow Location (circle (from Elevation' (+/ ) Assurance one) Plan MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CS Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * - As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. SECTION 33 46 00 SUBDRAINAGE PART] GENERAL .01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 Trenching and Backfilling. 2. Section 33 40 00 Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment T . A Bid Item has been provided for 4" SCH. 40 PVC Perforated Drain Tile with Sock. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, sock, aggregate, cleanouts, and fittings. 2. A Bid Item has been provided for 4" SCH. 40 PVC Perforated Drain Tile (French Drain). Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile, aggregate, cleanouts, and fittings. 3. Bid Items have been provided for 4" or 6" SCH. 40 PVC Non -Perforated Drain Tile. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, aggregate, and fittings, and connection to structures. 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. D1734 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 3733 - Geotextiles. ® 2015 5tantec 1 193803055 33 46 00 - PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D 1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.03 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown an the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E, Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 33 05 05. SUBDRAINAGE 0 2015 Stantec 193803055 334600-2 J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION SUBDRAINAGE 0 2015 5tantec 193803055 334600-3 Client#: 7071 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MWDOIYYYY) 5/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MN -COMMERCIAL LINES CONTACT NAME: PHONE 612 349-2400 FAX 612 349 2490 Ext: A1C, No: COBB STRECKER DUNPHY Sr ZIMMERMANN 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 EMAIL ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAICS INSURER AAMERISURE INSURANCE COMPANY INSURED INSURER s : AMERISURE MUTUAL INSURANCE CO PETERSON COMPANIES INC X COMMERCIAL GENERAL LIABILITY 8326 WYOMING TRAIL INSURER C : CHISAGO CITY, MN 55013-9382 - INSURER D: INSURER E: INSURER F: COVERAGES. CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL INSR IOIUVD POLICY NUMBER POLICY EFF MM�LDICY EXP LIMITS A GENERAL LIABILITY CPP2095245 1101/2015 0110112016 $1.000.000 X COMMERCIAL GENERAL LIABILITY pEAA�CCHgqOEECCURRRENCE PRf M ESS EaE u� enCe $3()(),(10() CLAIMS -MADE 51OCCUR MED eXP(Any one person $5,000 X CONTRACTUAL LIAR PER PERSONAL & ADV INJURY $1,000,000 X1 POLICY FORM AND XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER,PRODUCTS-COMProPAGG $2000000 POLICY 7X PRa LOC $ B AUTOMOBILE LIABILITY CA2095244 1/0112015 01/01/201 ®81 tlBDISINGLE LIMrr 1,000,000 ANY AUTO BODILY INJURY (Per person) $ Ix ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acddenl B X UMBRELLA LIABX OCCUR CU2095246 1/01/2015 01101/201 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS4AADE AGGREGATE $10,000,000 DEC) I X RETENTION $10,000 $ A WORKERS COMPENSATION WC2095247 1/01/2015 01/01/207 X WC U- STAToE;r AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT S1,000,000 OFFICERIMEMBER EXCLUDED? I NJ N I A (Mandatory in NH) E.:.. 015EASE - EA EMPLOYEE $1,000,000 UP describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 1111, Additional Remarks Schedule, if more space is required) CITY PROJECT NO 942 VICTORY PARK IMPROVEMENTS ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTO AND UMBRELLA LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON CONTRIBUTORY: CITY OF NEW HOPE CITY OF NEW HOPE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4401 XYLON AVE NO ACCORDANCE WITH THE POLICY PROVISIONS. NEW HOPE, MN 55428 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7138181M688205 LFF This page has been left blank intentionally. Request for Action January 25, 2016 Approved by: Kirk McDonald, City Manager Originating Deparbrient: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Section Consent Itean Number 6.4 Agenda Title Resolution approving final pay request to Peterson Companies, Inc. for Victory Park field and trail improvements (improvement project no. 942) Requested Action Staff recommends that the City Council approve a resolution to accept the improvements to the softball field and trail at Victory Park (project #942) and authorize final payment to Peterson Companies, Inc. in the amount of $13,994.16. This final payment brings the total project cost to $263,966.77, which is $10,014.87 under the original contract amount of $273,981.44. The project included raising the elevation of right field and improving the drainage of the entire outfield with grading, topsoil, sod and irrigation replacement. The field fencing and trail, which connects the parking lot and soccer field, were also replaced. Due to the extended fall weather, the sod was established before the first snowfall. All necessary paperwork has been received from the contractor including IC 134's. Staff recommends release of the final check. Background Victory Park was built in 1991 in a wetland area and was built as a second lighted athletic field complex for city use. In addition to the softball field, a soccer field is also located at Victory Park and is used mainly for rentals. Staff met several times with the city engineer to discuss the options for elevating the softball right field area. The fencing, backstop, lighting, scoreboard and trail were also evaluated. However, due to the estimated costs associated with all of the items and the limited resources, staff prioritized the items to establish what needed to be done with this project and what could wait until a later project. Attachments • Resolution • Letter from the city engineer • Contractor's invoice in the amount of $13,994.16 1:\RFA\P&R\PARKS\2016\942 Victory - Final.Docx City of New Hope Resolution No. 2016-_2_2 Resolution approving final pay request to Peterson Companies, Inc. for Victory Park field and trail improvements (improvement project no. 942) WHEREAS, the city entered into a contract with Peterson Companies, Inc. to complete the field and trail improvements for Victory Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of work for improvement project #942 and approve final payment to Peterson Companies, Inc. in the amount of $13,994.16; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Peterson Companies, Inc.; and, WHEREAS, this project was included in the 2015 CII' and the 2015 Park Infrastructure budget; and, WHEREAS, the funding source for this project is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the work for the field and trail improvement project at Victory Park, improvement project #942 from Peterson Companies, Inc. 2. That the city manager is hereby directed to authorize the final payment of $13,994.16 to Peterson Companies, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 251h day of January 2016. Mayor Attest: City Clerk tar, QVIL January 19, 2016 File: 193803055 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Susan Rader, Parks & Recreation Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Victory Paris Improvements Final Payment City Project No.: 942 Dear Susan: Enclosed find the final pay request and the IC -134 forms for the above referenced project. The contractor, Peterson Companies, Inc., has completed this work inaccordance with the contract plans and specifications; therefore, it is recommended that final payment of $13.994.16 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $273,981.64. The contract included no change orders. The Final Construction Amount is $263,966.77, which is under the Original Contract Amount. This project had a $10,014.87 under run primarily due to less granular borrow and aggregate base fill material required. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. C. Steve Ellingson, John Blaslak - New Hope; Adam Martinson, Kellie Schlegel - Stantec. DeS19re with community In rrirkd Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your ContractarAflldavlt has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner. Project Number: Project Begin Date; Project End Date: Project Location: Project Amount: Subcontractor Summary 0-721420-160 29-00-2015 9:11=.58 AM PETERSON COMPANIES INC 41-1 93491 3 Jmlller®petersonoompanles.net Contractor Aflfddavit 1898856448 4235858 CITY OF NEW HOPE 15120F 01 -Sep -2015 19-09-2015 VICTORY PARK, NEW HDPE y263,129V Name ID Affidavit Number BLACKSTONE CONTRACTORS LLC 9381216 1700215832 CAREFREE LAWN SPRINKLERS INC 2737471 12884832 CURB MASTERS INC 2207114 1389263488 T.A. SCHIFSKY $ SONS INC 8848671 559759380 Important Messages A copy of this papa must be provided to the contractor or government agency that hired you. Contact Us If your need fuflhar 8seia%nce, contact our Withholding Tax Division at 819148.`.-90ft, (toll-free) 800-857-3594, or (small) withholchng tax$slata.rnn.us. Business hours are 8:00 a.m. -4:30 p.m, Morey . pw6ay. Please for your records using the print or save functionality built Into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/b-/keA4FLxR9TcKc7K JRNM... 10/29/2015 Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number. 1-454-178-178 Submitted Date and Time: 2e -Oct -2015 11:31:20 PM Legal Name: 13 ACKSTONE CONTRACTORS LLC Federal Employer ID: 28-1829924 User Who Submitted: blackstoneoontractors Type of Request SubmnW.- Contractor Affidavit Affidavit Summary Affidavit Number. 1700216832 Minnesota ID: 9381216 Project Owner: CrrY OF NEW HOPE Project Number. 15128F#942 Project Begin Date: 17 -Aug -2015 Project End Date: 30 -Sep -2016 Project Location: NEW HOPE, MN Project Amount: $8,825.09 Subcontractors: No Subcontractors Important Messages A oopy 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 651-282-0090, (toll-free) 600-867-8694, or (small) withholding.tax®atate.mmus. Business hours are 8:00 a.m. - 4:90 p.m. Monday - Friday. Please .j dd t roo for your records using the print or save functionality built into your browser https://www.mndor.state.mn.us/tp/eservices/ _/Retrieve/0/b-BJ4KOQzt7Z... 10/26/2015 Paye 1 of 1 .1N N-zt S(aTA- REVENU Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Conflrmadon Summary Conflrmetlon Number. Submitted Date and Time: Legal Name: Federal Employer ID; User Who Submitted: Type of Request Submllted: X10dalvit Summary Affidavit Number. NNnnesota ID., Project Owner Project Number: Project Begin Date: Project End Date, Project Location: Project Amount Suboonk cwra: 0-159.285.120 26 -Oct -2015 1:52:57 PM CAREFREE LAWN SPRINKLERS MC 41-1807928 Contractor AfAtlavft 126US32 2737471 CITY OF NEW HOPE 15128F 0042 01-660-2415 302415 VICTORY PARK 5550 INTERNATIONAL PARKt AY NEW HOPE, MN 55425 $9,000.00 No Subconvaclors important tyeasages A oopy of this page must be provided to the contractor or government agency that hired you. CariLw. W It you need further assistance, rentset our Withholding Tax Division at 66 1-2824999, (toll-free) 800.6.57-3604, or (email) vrithhofding.taxGWate.nm.ua Business hours are 11.00 a. m, -4.30 p.m Monday -Friday. Ptaase for your records using the print or save furwHonatity, Wit into your browser. https,llwww.mndor.state.mn.usltplesmicesl lRetrievel0lb-ITTUkc2jB3UWXuQV7nRz... 10/2612015 Page 1 of 1 i1AiNNES07A- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been eppro"d. Confirmation Summary Confirmatlon Number Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request 6ubmised: Affidavit Summary AMdavit:Dumber. Minnesota 10: Project Owner. I'Mact Number, PmJact Begin Date: Project End Date: Project Larsson: Projecl Amount: Subcontractors: U-349.917-058 29 -Oct -2015 729:53 AM CURB MASTERS INC 41-1608037 Linda H Contractor AlRdavit 1363283488 2207114 CITY OF NEW HOPE 15128F #942 IlMep-21318 29 -Sep -2015 VICTORY PARK IMPROVEMENTS $4,189.25 No Subcontractors Important Massagers A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If YOU peed fug V essr811ence, contact our Wahholding Tax DMslon at tiL1-182 p@t#ttr Rdl-fraej s00-67-35104, or (email) withhoI&ng.takQetate mh.ue. Business hours are 8:00 aan. - 4:30 p.m. Mondol Frklay. Please OYLgtWJ&--Qe for your records using the print or save functionality built Into your browser. https:llwww.rnndor.state.mn-us4leservicesl /Retlrievel0lb /C1bzzH6eUI1P8YQlJ1yL77Q... 10/29/2015 From: MN Revenue e-Servicesimaiftotcsnrvires.meiorP-stafe.mn.it51 Sent: Wednesday, October 28, 20151:18 PM To: Tori Schlfsky <tori(DtaschifslEv:cotrt> Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies, Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved, Confirmation Summary Confirmation Number: 0-829-636-480 Submitted Date and Time: 28 -Oct -2015 1:17:22 PM Legal Name: TA SCHIFSKY & SONS INC Federal Employer ID: 41-0808498 User Who Submitted: taschifsky Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number. Minnesota ID: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location: Project Amount Subcontractors: 589759360 8648671 CITY OF NEW HOPE 15128F #942 17 -Aug -2015 03 -Oct -2015 VICTORY PARK NEIN HOPE, MN $15,047.08 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 651-282-9999, (toll-free) 800-657-3594, or (email) Y�Vtihh- ag taXa tate,mn.us, Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. This message and any attachments are so;eiy for the Intended recipient and may contain nonpublic l private data. If you are not the intended reciplent, any disclosure, copying, use, or distribution of the Inforrnatlon Included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and Immediately and permanently delete this message and any attachments. Thank you. (Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: January 19, 2016 For Period: 10/3/2015 to 1/5/2016 Request No: 2/FINAL Contractor. Peterson Companies. Inc., 8326 Wyoming Tr., Chisago City, MN 55013 CONTRACTOR'S REQUEST FOR PAYMENT VICTORY PARK IMPROVEMENTS STANTEC PROJECT NO. 193803055 CLIENT PROJECT NO. 942 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC v v�� Approved Contractor: PETERSPN PANT INC. Specified Contract Completion Date: 193NW55 R EQ2Fi nel. )dsm 2/FINAL $ 0.00 $ 0.00 $ 273,981.64 $ 273,981.64 $ 263,966.77 $ 0.00 $ 263,966.77 $ 0.00 $ 263,966.77 $ 249,972.61 $ 0.00 $ 13,994.16 Ap oved by Owner: CITY E OPE �1 amtMcDooila. (:�y Mmgar Date: No. Item BASE BID - RECONSTRUCT AREAS: 1 MOBILIZATION 2 REMOVE BITUMINOUS TRAIL PAVEMENT 3 REMOVE CONCRETE BLEACHER PAD 4 REMOVE CONCRETE CURB AND GUTTER 5 REMOVE 6' CHAINLINK FENCE (INCLUDES CONCRETE FOOTING AND POSTS) 6 REMOVE 6' CHAIN LINK FENCE FABRIC AND RAILS (POSTS AND CONCRETE PADS REMAIN IN PLACE) 7 REMOVE BACKSTOP FABRIC 8 SALVAGE AND REINSTALL PARK RULES SIGN 9 GRANULAR BORROW (CV) 10 AGGREGATE BASE CLASS 5 - SIDEWALK/TRAIL 11 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL (2,B) 12 SITE GRADING 13 PREMIUM TOPSOIL BORROW (LV) 14 SOD, TYPE LAWN (30 INCHES WIDE) 15 IRRIGATION 16 4' SCH. 40 PVC PERFORATED (FRENCH DRAIN) 17 4' SCH. 40 PVC NON -PERFORATED DRAIN TILE 18 4' SCH. 40 PVC PERFORATED DRAIN TILE WITH SOCK 19 6"SCH. 40 PVC NON -PERFORATED DRAIN TILE 20 6' ALUMINUM FLARED END SECTION 21 RIP RAP, CLASS 11 22 2X3 CATCH BASIN 23 6 CHAINLINK FENCING 24 RED BALL DIAMOND ROCK 25 6' FENCE FABRIC AND RAILS 26 BACKSTOP FABRIC REPLACEMENT 27 11' 4' CHAIN LINK FENCE GATE 28 3' 6" CHAIN LINK FENCE GATE 29 2' NOMINAL SIZE POST COVERS 30 Y NOMINAL SIZE POST COVERS 31 TOP RAIL GUARD CAP 32 GEOTEXTILE FABRIC 33 SEGMENTAL BLOCK RETAINING WALL 34 CONCRETE PEDESTRIAN CURB RAMP 35 CONCRETE CURB AND GUTTER 36 TRUNCATED DOME SURFACE 37 CONCRETE BLEACHER PAD 38 REMOVE AND REPLACE FOUL POSTS 39 SILT FENCE 40 INLET PROTECTION 41 STREET SWEEPER (WITH PICKUP BROOM) TOTAL BASE BID TOTAL BASE BID TOTAL WORK COMPLETED TO DATE 193803056 REQ2 F Ina I ads m $263,966.77 $263,966.77 $263,966.77 Contract Unit Current Quantify Amount Unit Quantity Price Quantity to Date to Date LS 1 16754.00 0.05 1 $16,754.00 SY 850 3.84 850 $3,264.00 SY 20 25.63 22 $563.86 LF 16 17.38 60 $1,042.80 LF 910 4.50 910 $4,095.00 LF 270 4.00 327 $1,308.00 LS 1 590.00 1 $590.00 EA 1 192.00 1 $192.00 CY 2400 17.79 2109 $37,519.11 TN 380 18.59 111.4 $2,070.93 TN 150 113.00 134 $15,142.00 LS 1 12445.00 1 $12,445.00 CY 1600 18.97 1366 $25,913.02 SY 9500 4.61 9000 $41,490.00 LS 1 29716.00 1 $29,716.00 LF 85 18.11 85 $1,539.35 LF 250 5.66 250 $1,415.00 LF 650 12.72 650 $8,268.00 LF 20 17.87 20 $357.40 EA 1 337.00 1 $337.00 CY 3 135.87 $0.00 EA 2 1972.00 2 $3,944.00 LF 910 18.00 910 $16,380.00 TN 50 64.50 62 $3,999.00 LF 270 16.00 327 $5,232.00 LS 1 3400.00 1 $3,400.00 EA 1 1100.00 1 $1,100.00 EA 1 830.00 1 $830.00 EA 22 60.00 22 $1,320.00 EA 14 65.00 14 $910.00 LF 470 3.00 470 $1,410.00 SY 120 5.67 120 $680.40 SF 300 28.75 378 $10,867.50 SF 40 7.75 54 $418.50 LF 20 46.40 61 $2,830.40 SF 8 50.00 8 $400.00 SY 20 69.75 22 $1,534.50 EA 2 550.00 2 $1,100.00 LF 300 2.50 620 $1,550.00 EA 2 125.00 2 $250.00 HR 4 149.00 12 $1,788.00 $263,966.77 $263,966.77 $263,966.77 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CLIENT PROJECT NO. 942 STANTEC PROJECT NO. 193803055 CONTRACTOR PETERSON COMPANIES, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainaae Completed 1 09/01/2015 10/02/2015 249,972.61 13,156.45 263,129.07 2/FINAL 10/03/2015 101/19/20161 13,994.16 263,966.77 Material on Hand notal Payment to Date $263,966.77 Original Contract $273,981.64 Retainage Pay No. 2/FINAL Change Orders notal Amount Earned $263,966.77 Revised Contract $273,981.64 193803055 R E Q 2 F i n a I.) d s m