The URL can be used to link to this page

IP #916PROJECT NO. 916 ltility Infrastructure Res. 2013-50 3/11/13 Resolution approving plans and specifications and authorizing staff to solicit bids for utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) Res. 13-63 4/8/13 Resolution awarding a contract to Valley Rich Company for utility improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project no. 916) $99,900 Res. 13-76 4/22/13 Resolution permitting construction activity for CenterPoint Energy's Gas Pipeline Replacement Project (project no. 916) Res. 13-104 7/22/13 Resolution approving a change order for utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) Res. 13-112 8/12/13 Resolution to accept the utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project no. 916) Res. 13-133 10/14/13 Resolution approving payment to Q3 Contracting for restoration improvements at the intersection of Winnetka Avenue North at 42nd Avenue North (project no. 916) 11/30/16 Received $2,917.19 from Michels Corp for settlement of our invoice of $4,637.19. On June 22, 2013, during CenterPoint Energy project, when Michels placed the shoring box at 42nd/Winnetka, the workers unknowingly severed the sewer service. City paid Valley Rich $2,917.19 for pipe repair and $1,720 to Pipe Services for televising the line to determine issue. We settled with Michels and waived the $1,720. Leone Valerie From: Gass Carol Sent: Tuesday, January 17, 2017 3:36 PM To: Leone Valerie Subject: RE: $2,917.19 Yes Nov 30th From: Leone Valerie Sent: Tuesday, January 17, 2017 3:34 PM To: Gass Carol <cgass@ci.new-hope.mn.us> Subject: $2,917.19 Did we ever get a check from Michels Corp in this amount? Valerie Leone City of New Hope City Clerk 4401 Xylon Ave N New Hope, MN 55428 Office: 763-531-5117 1 Fax:763-531-5136 vleone@ci.new-lior)e.mn.us IM Leone Valerie From: Vicki Lackey <vlackey@michels.us> Sent: Wednesday, October 05, 2016 3:01 PM To: Leone Valerie Subject: RE: 10718 outstanding invoice Attachments: 10718 Release.pdf Leone, I have received approval to settle this claim for the $2,917.19 as you propose below. This would be full and final settlement for this incident. I will need the attached release signed and returned in order to request payment. Upon receipt of the signed release I can request the check to the City of New Hope. Thank you, Vicki Lackey I Risk Supervisor - Liability MICHELS Corporation office: 920.924.4300 x2451 I fax: 920.583.1807 1 cell: 920.539.2688 vlackev(camichels.us I www.michels.us PO Box 128 1 817 West Main Street Brownsville, WI 53006 Lead Safely. Others Will Follow. THE INFORMATION CONTAINED IN THIS COMMUNICATION MAYBE CONFIDENTIAL, IS INTENDED ONLY FOR THE USE OF RECIPIENT(S) NAMED ABOVE, AND MAYBE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. From: Leone Valerie [mailto:vleone@ci.new-hope.mn.us] Sent: Thursday, September 15, 2016 3:45 PM To: Vicki Lackey <vlackey@michels.us> Subject: 10718 outstanding invoice The invoice for $4,637.19 is still outstanding. During the CenterPoint Energy project, when Michels placed the shoring box at 42n6/Winnetka, the workers unknowingly severed the sewer service on June 22, 2013. The city paid for the following repairs: $2,917.19—Valley Rich (for pipe repair) 1 720.00 — Pipe Services (for televising the line to determine issue) $4,637.19 total In an effort to reach a compromise, if Michels pays $2,917.19, the city is willing to cover the $1,720 portion of the work. Does this appear reasonable? I would like to get this matter resolved. Please contact me. Valerie Leone City of New Hope ( City Clerk 4401 Xvion Ave N I New 1 lope, MN 55428 Office: 763-537-5117 1 Fax: 763-531-5136 I vleone@d.new-hope mn us V�4b From: copier@ti.new-hn.uS Imailto:copier@ci.new-hope.mn.us] Sent: Thursday, September 15, 2016 3:33 PM To: Leone Valerie <vleone ci.new-hope.mn.us> Subject: Message from KM_C654e FULL RELEASE OF ALL CLAIMS OF City of New Hope AGAINST MICHELS CORPORATION READ THIS RELEASE! In consideration of the total sum of two thousand. nine hundred seventeen and 19/100ths Dollars ( 2 917.19), I/we hereby fully and forever release, acquit, and discharge Michels Corporation, including their respective employees, officers, affiliated companies, subsidiaries, representatives, agents, heirs, successors, assigns, and insurers, from any and all liability accrued or unaccrued, known or unknown, on account of any and all claims, demands, and causes of action for all injuries, losses, and damages, property or personal, arising out of or connected with, directly or indirectly, an event that occurred on, between, and about 6/21/2013, at, on or near -Winnetka Ave North, New Hope, MN. In executing this Release, I/we am/are not relying upon any statement or representation made by the parties herein released. Neither this Release nor any payment pursuant thereto shall be construed as an admission of any liability by the parties herein released, such being expressly denied. This settlement is in full and final disposition of all claims, demands, and causes of action, sounding in tort, contract or otherwise. It is final and binding, regardless of any knowledge, or lack of it, as to the nature of my/our rights, as to the nature of any claims covered by this Release and which I/we might otherwise be entitled to pursue or as to what my/our future condition may be, and irrespective of whether too much or too little is paid. I/we represent that no portion of the claim that is the subject of this Release has been assigned to anyone else and that no other person or entity has any legal right to claim or share in the proceeds of this settlement. It is further understood and agreed by me/us that the proceeds of this settlement shall be used to satisfy any claim that I/we may have against the parties herein released. In the event any person, firm, corporation, insurance company or hospital does have rights based upon subrogation, lien, derivation or assignment or any other basis against the parties herein released, originating from my/our claim arising out of the subject event, I/we agree to fully indemnify, defend, and hold harmless the parties herein released from any such claims. 1/we hereby declare that I/we fully understand the terms of this Release and voluntarily accept said sum for the purpose of making a full and final compromise, adjustment, and settlement of the above-mentioned damages. This Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital. 1/we further state that ]/we have read the foregoing Release and know the contents thereof, and I/we sign the same as my/our own free act. N! READ BEFO E GNING Authorized Representativ of City of New Hope PR/NT NAME HERE ALO 1 u /s/4(o Date WIT N$$ D BY: Signature Printed Name 10718_31804 Leone Valerie From: Vicki Lackey <vlackey@michels.us> Sent: Thursday, September 29, 2016 1:18 PM To: Leone Valerie Subject: RE: 10718 outstanding invoice Leone, I am working on this. I will be out tomorrow but will get back to you next week. Vicki Lackey I Risk Supervisor - Liability MICHELS Corporation office: 920.924.4300 x2451 i fax: 920.583.1807 i cell: 920.539.2688 vlackey(cDmichels.us i www.michels.us PO Box 128 1817 West Main Street Brownsville. WI 53006 Lead Safely. Others Will Follow. THE INFORMATION CONTAINED IN THIS COMMUNICATION MAY BE CONFIDENTIAL, IS INTENDED ONLY FOR THE USE OF RECIPIENT(S) NAMED ABOVE, AND MAYBE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. From: Leone Valerie [mailto:vleone@ci.new-hope.mn.us) Sent: Thursday, September 15, 2016 3:45 PM To: Vicki Lackey <vlackey@michels.us> Subject: 10718 outstanding invoice The invoice for $4,637.19 is still outstanding. During the CenterPoint Energy project, when Michels placed the shoring box at 42tId/Winnetka, the workers unknowingly severed the sewer service on June 22, 2013. The city paid for the following repairs: $2,917.19—Valley Rich (for pipe repair) $1,720.00 — Pipe Services (for televising the line to determine issue) $4,637.19 total In an effort to reach a compromise, if Michels pays $2,917.19, the city is willing to cover the $1,720 portion of the work. Does this appear reasonable? I would like to get this matter resolved. Please contact me. Valerie Leone City of New Hope i City Clerk 4401 Xylon Ave N i New Hope, MN 55428 Office: 763-531-5117 1 Fax: 763-531-5136 vleone@ci.new-hope.mn.us o\) Leone Valerie From: Leone Valerie Sent: Thursday, September 15, 2016 3:44 PM To: 'Vicki Lackey' Subject: 10718 outstanding invoice Attachments: SKM_C654e16091515330.pdf The invoice for $4,637.19 is still outstanding During the CenterPoint Energy project, when Michels placed the shoring box at 42"d/Winnetka, the workers unknowingly severed the sewer service on June 22, 2013. The city paid for the following repairs: $2,917.19—Valley Rich (for pipe repair) JLZ20.00 — Pipe Services (for televising the line to determine issue) $4,637.19 total In an effort to reach a compromise, if Michels pays $2,917.19, the city is willing to cover the $1,720 portion of the work. Does this appear reasonable? I would like to get this matter resolved. Please contact me. Valerie Leone City of New Hope I City Clerk 4401 Xylon Ave N 1 New Hope, MN 55428 Off ice: 763-531-51]7 1 Fax: 763-531-5136 vleone@ci.new-hol)e.mn.us From: copier@ci.new-hope.mn.us [mailto:copier@ci.new-hope.mn.us] Sent: Thursday, September 15, 2016 3:33 PM To: Leone Valerie <vleone@ci.new-hope.mn.us> Subject: Message from KM_C654e Leone Valerie From: Leone Valerie Sent: Friday, February 13, 2015 9:43 AM To: Weber Bernie; Paschke Bob, 'Long, Chris' Cc: 'Jean D. McGann' Subject: outstanding invoice Attachments: SKM_C654e15021309370.pdf The invoice for $4,637.19 is still outstanding. Michels Corp had some questions (see string of emails). This is from 2013 and needs to get resolved please. Chris, were you working on it? Valerie Leone City of New Hope City Clerk 4401 Xylon Ave N ! New Hope, MN 55425 Office: 763-531-5117 1 Fax: 763-531-5136 vleone «ci.new-hope.mn.us N, -= From: copierCalci.new-hope.mn.us [mailto:copiercd)ci.new-hooe.mn.us] Sent: Friday, February 13, 2015 9:38 AM To: Leone Valerie Subject: Message from KM_C654e Leone Valerie From: Vicki Lackey [vlackey@michels.us] Sent: Wednesday, October 08, 2014 11:44 AM To: Leone Valerie Cc: Krista Harlow Subject: 10718: outstanding invoice Attachments: SKMBT_C65214100808530.pdf; RE: 10718: Send data from MFP-07119771 10/16/2013 10:25 Importance: High Leone, Your below email was forwarded to my attention. I was previously working with Paul Coone regarding the invoice you are inquiring about. Please see the attached email chain. I had requested the invoice be modified to show only the damages Michels caused. The invoice "as is" bills Michels for damages involving the Learning Center's backup also. As explained in the email to Paul, the direction of flow makes it impossible for our work to have caused the Learning Center's backup issues. We were also advised that the Learning Center had many prior issues with backup. While we have no problem paying for the damages Michels caused, we are not willing to issue payment for damages not caused by Michels. If you could please check into this matter, I would love to get this claim settled Thank you, Vicki Lackey I Claims Handler MICHELS Corporation office: 920.924.4300 x2451 I fax: 920.583.1807 1 cell: 920.539.2688 vlackev(a,)michels.us I www.michels.us PO Box 128 1 817 West Main Street Brownsville, WI 53006 Lead Safely. Others Will Follow. THE INFORMATION CONTAINED IN THIS COMMUNICATION MAY BE CONFIDENTIAL, IS INTENDED ONLY FOR THE USE OF PECIPIENT(S) NAMED ABOVE, AND MAYBE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. From: Leone Valerie [mailto:vleoneCabci.new-hooe.mn.us] Sent: Wednesday, October 08, 2014 9:15 AM To: Krista Harlow; 'rogerbrandel@centerpointenergy.com' Subject: outstanding invoice Importance: High The city of New Hope has not received payment from Michel's Pipeline for $4,637.19 for repair of a sewer break at 42nd and Winnetka Avenue on June 22, 2013. The city paid Valley -Rich $2,917.19 and Pipe Services $1,720 for necessary repairs for work performed by Michel's Pipeline (Center Point Energy's contractor). Final payment should not be made to Michel's on this project until this invoice is paid. Please remit payment to the city of New Hope by November 1, 2014. Contact me with any questions. Thank you. (hard copy mailed to Michel's Lakeville address attn: John Restad). Valerie Leone, City Clerk City of New Hope (763)531-5117 vleone@ci.new-hope.mn.us From: copier@ci.new-hope.mn.us [mailto:cooier(aci new-hope.mn.us] Sent: Wednesday, October 08, 2014 8:53 AM To: Leone Valerie Subject: Message from KMBT_0652 Leone Valerie From: Vicki Lackey [vlackey@michels.us] Sent: Friday, April 11, 2014 10:39 AM To: Coone Paul Subject: RE: 10718: Send data from MFP-07119771 10/16/2013 10:25 Paul, Thank you for your reply and documents. After reviewing the file again, we don't see how the back-up of water into the building could be our fault. Prior to this. the entire intersection west of the boxes flooded and all that water went down an open sanitary manhole. Could you please separate what the charges were for the damage to the sewer directly under the shoring box only? We will cover the costs below our shoring box, but feel the other damage is unrelated to Michels. Thank you, Vicki Lackey I Claims Handler MICHELS Corporation office: 920.924.4300 x2451 I fax: 920.583.1807 1 cell: 920.539.2688 vlackey(@michels.us http://www.michels.us PO Box 128 1 817 West Main Street Brownsville, WI 53006 Lead Safely. Others Will Follow. THE INFORMATION CONTAINED IN THIS COMMUNICATION MAY BE CONFIDENTIAL, IS INTENDED ONLY FOR THE USE OF RECIPIENT(S) NAMED ABOVE, AND MAY BE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. -----Original Message ----- From: Coone Paul [mailto:pcoone(aci.new-hope.mn.us] Sent: Thursday, April 03, 2014 3:40 PM To: Vicki Lackey Cc: Krista Harlow Subject: 10718: Send data from MFP-07119771 10/16/2013 10:25 Vicki, I do apologize that this has taken so long - no one to blame but me! With that being said, Stantec has sent me two documents: 1) a photo of the site showing the excavation by Michels full of water due to the rain event. During Michels excavation, they severed the sewer service, thus causing water to back up into the building. 2) the other document is a Record Plan of the site depicting Michel's work in relation to the sewer service for the building. I hope this helps!? Paul Coone City of New Hope Public Works Operations Manager (763) 592-6772 1 -----Original Message ----- From: Vicki Lackey [mailto:vlackey0michels.us] Sent: Wednesday, April 02, 2014 3:09 PM To: Coone Paul Cc: Krista Harlow Subject: RE: 10718: Send data from MFP-07119771 10/16/2013 10:25 Paul, Attached is an invoice that we received yesterday. This is the same invoice that I spoke to you about back in October. In the email below you had said you would be speaking to your consulting engineering staff to get more detail about the invoices. I have not received any further information from you since the below email. Just to remind you of our conversation, this was the incident where we are disputing any liability for damage down the lateral. The backup in the school was not due to Michels work. The direction of flow makes it impossible for our work to have caused the back up at the school. Can you please help me get this invoice resolved? Thanks, Vicki Lackey I Claims Handler MICHELS Corporation office: 920.924.4300 x2451 I fax: 920.583.1807 1 cell: 920.539.2688 vlackeyomichels.us http://www.michels.us PO Box 128 1 817 West Main Street Brownsville, WI 53006 Lead Safely. Others Will Follow. THE INFORMATION CONTAINED IN THIS COMMUNICATION MAY BE CONFIDENTIAL, IS INTENDED ONLY FOR THE USE OF RECIPIENT(S) NAMED ABOVE, AND MAY BE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. -----Original Message ----- From: Coone Paul [mailto:ocoone(@ci.new-hooe.mn.us] Sent: Wednesday, October 16, 2013 11:36 AM To: Vicki Lackey Subject: 10718: Send data from MFP-07119771 10/16/2013 10:25 Vicky, Thank you for the information. I'll speak to our consulting engineering staff and get more detail about the invoices. I'll call you back as soon as I can. Thanks! Paul Coone City of New Hope Public Works Operations Manager 01 (763) 592-6772 -----Original Message ----- From: Vicki Lackey [mailto:vlackev(@michels.us] Sent: Wednesday, October 16, 2013 11:32 AM To: Coone Paul Subject: FW: Send data from MFP-07119771 10/16/2013 10:25 Paul, Attached is the invoice with the supporting invoices that we discussed on our telephone call today. Thank you for your help in checking into this matter. Vicki Lackey I Claims Adjuster MICHELS Corporation office: 920.924.4300 x2451 I cell: 920.539.2688 vlackey(@michels.us I http://www.michels.us PO Box 128 1 817 West Main Street Brownsville, WI 53006 THE INFORMATION CONTAINED IN THIS COMMUNICATION MAY BE CONFIDENTIAL, IS INTENDED ONLY FOR THE USE OF RECIPIENTS) NAMED ABOVE, AND MAY BE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. 3 Leone Valerie From: Leone Valerie Sent: Wednesday, October 08, 2014 9:15 AM To: 'kharlow@michels.us';'rogerbrandel@centerpointenergy.com' Subject: outstanding invoice Attachments: SKMBT_c65214100808530.pdf Importance: High The city of New Hope has not received payment from Michel's Pipeline for $4,637.19 for repair of a sewer break at 42nd and Winnetka Avenue on June 22, 2013. The city paid Valley -Rich $2,917.19 and Pipe Services $1,720 for necessary repairs for work performed by Michel's Pipeline (Center Point Energy's contractor). Final payment should not be made to Michel's on this project until this invoice is paid. Please remit payment to the city of New Hope by November 1, 2014. Contact me with any questions. Thank you. (hard copy mailed to Michel's Lakeville address attn: John Restad). Valerie Leone, City Clerk City of New Hope (763)531-5117 vleone@ci.new-hope.mn.us From: copierCo ci.new-hope mn us [mailto:copierC&ci new -hope mn us] Sent: Wednesday, October 08, 2014 8:53 AM To: Leone Valerie Subject: Message from KMBT C652 J Remit To: CITY OF NEW HOPE 4401 LO AVENUE INVOICE NEWH MN554 8 NEW HOPE MN 55428 4231 Invoice Date 9/1612013 Billing Address: 116789 MICHEL'S PIPELINE CONSTRUCTION Due Date 10N612013 22100 PILLSBURYAVE LAKEVILLE MN 55044 Page. 1 Item Remark 001 42nd & Winnetka Ave N 002 Detail attached Total Amount Invoiced Tax Amount Balance Due Amount 4,637.19 4,637.19 Attention Customer: When you provide a check as payment, you authorize the city to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When the city uses information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution. For inquiries, please call 763-531-5130. CITY OF NEW MOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mrims City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 IPE ERVIGE5� Pipe Se vice�/Corporation 16281 Baseline Ave. • Shakopee, NW 55379 Phone: 952.445.3173 • fax 952.496.9117 Website: www.pipe-services.com Bill To Bernie Weber Utilities Supervisor City of New Hope 5500 International Parkway New Hope, MN 55428 Invoice Date Invoice # 6125/13 2007591 . Terms Project Net 30 Quantity Description Rate Amount 4 Sanitary Sewer TV Inspection 215.00 860.00 4 Sanitary Sewer TV inspection 215.00 860.00 Our purpose was to find out if the pipehad been damage due to current construction the area. The near by school had backed up over the weekend. Invoice includes mobilization for 2 trips. PURCHASE DESCRIBED 15 ODXfllX E & CORRECr Pabrw wader -6i CF TO ACCOUNT S 39 3 supervisor Date authorization Dept Head Date authorization 9-1-13 h _ .tPPRECIATE YOUR BUSINESS—THANK YOU! Total $1,720.00 REQUEST FOR FINANCE DEPARTMENT TO ISSUE AN INVOICE INVOICE TO: MICHEL'S PIPELINE CONSTRUCTION JOHN RESTAD, SUPERINTENDENT 22100 PILLSBURY AVENUE LAKEVILLE MN 55044 DESCRIPTION - (PRINTED ON INVOICE) Repair of sewer break 42nd & Winnetka Sanitary Sewer TV Inspection AMOUNT PROG-OBJECT 2,917.19 0393-7450 1,720.00 0393-7450 4,637.19 93,00, "SL -1 AUTHORIZED BY: DATE: 1 DUE DATE PRINTED ON BILL IS GENERALLY 30 DAYS FROM THE INVOICE DATE. IF A DIFFERENT DUE DATE IS REQUESTED, PLEASE FILL IN DATE BELOW. DUE DATE: GVPubWodcsWinance to issue InvoicesUchel's Pipeline - 9-10-13.doc Leone Valerie From: Sargent Jeff Sent: Tuesday, October 07, 2014 1:10 PM To: McDonald Kirk; Leone Valerie Cc: McGann Jean, Paschke Bob Subject: RE: CenterPoint Energy Roger Brandei's phone number: (763) 785-5410 Jeff Sargent Director of Community Development (763)531-5196 From: McDonald Kirk Sent: Tuesday, October 07, 2014 12:54 PM To: Leone Valerie; Sargent Jeff Cc: McGann Jean; Paschke Bob Subject: RE: CenterPoint Energy Yes, the contact is Roger Brandel at rogerbrandel@centerpointeneray.com Do you want to send an e-mail and advise him and copy me and Bob. From: Leone Valerie Sent: Tuesday, October 07, 2014 12:43 PM To: McDonald Kirk; Sargent Jeff Cc: McGann Jean Subject: CenterPoint Energy Do we still have a contact person/phone for last summer's project on 42nd? I recently learned that the city's invoice of $4,600 of Sept 2013 has not been paid by Michel's Pipeline (appears as though an email was sent to Michel's Pipeline). As I understand it, CenterPoint's contractor, Michel's, is at fault for the sewer backup at the school district building. The city took immediate action and paid $4,600 to Valley Rich for repairs. The city is seeking reimbursement by Michel's. We should alert CenterPoint of this and continue to seek payment. Valerie Leone, City Clerk City of New Hope (763)531-5117 vleone@ci.new-hope.mn.us Leone Valerie From: McDonald Kirk Sent: Tuesday, October 07, 2014 12:54 PM To: Leone Valerie; Sargent Jeff Cc: McGann Jean; Paschke Bob Subject: RE: CenterPoint Energy Yes, the contact is Roger Brandel at roaerbrandel@centeroointenerey.com Do you want to send an e-mail and advise him and copy me and Bob. From: Leone Valerie Sent: Tuesday, October 07, 2014 12:43 PM To: McDonald Kirk; Sargent Jeff Cc: McGann Jean Subject: CenterPoint Energy Do we still have a contact person/phone for last summer's project on 42nd? I recently learned that the city's invoice of $4,600 of Sept 2013 has not been paid by Michel's Pipeline (appears as though an email was sent to Michel's Pipeline). As I understand it, CenterPoint's contractor, Michel's, is at fault for the sewer backup at the school district building. The city took immediate action and paid $4,600 to Valley Rich for repairs. The city is seeking reimbursement by Michel's. We should alert CenterPoint of this and continue to seek payment. Valerie Leone, City Clerk City of New Nope (763)531-5117 vleone@ci.new-hope.mn.us Request for Action Originating Department Approved for Agenda Agenda Section Public Works October 14, 2013 Consent Item No. By: Bob Paschke, Director By: Kirk McDonald, City Manager 6.9 Resolution approving payment to Q3 Contracting for restoration improvements at the intersection of Winnetka Avenue North at 42nd Avenue North (Improvement Project No. 916) Requested Action Staff recommends that Council approve the restorations made to the county's roadway, median, bus pad and curbing at the intersections of Winnetka Avenue North at 42nd Avenue North, and authorize payment to Q3 Contracting in the amount of $43,188.08. Policy/Past Practice The City Council considers public infrastructure improvement projects with the understanding that unknown situations or special needs may occasionally surface during an improvement project or other projects that impact our city originating from other entities. Corrective action within the scope of such projects are made to better serve the community. Background During CenterPoint Energy's pipeline replacement project on Winnetka Avenue at the 42nd Avenue intersection, Council authorized staff to coordinate upgrades to the city's water main, storm water pipe, and sanitary sewer pipe infrastructures in the same area. Q3 Contracting was the sub-contractor on the project for CenterPoint Energy. In order to expedite the restoration work, Council authorized Q3 to perform removals and restoration for the city related needs based on preliminary unit price cost. It was also discussed with Council that additional expenses may be required as the project proceeded. Council approved plans and specifications, and authorized the improvements at its March 11, 2013, meeting. Funding The original amount authorized for the city utility improvements was $99,900.00. Payment for additional work included one change order and resulted in a total of $140,785.20 paid to Valley Rich. Funding for these recommended utility infrastructure improvements came from the city's water, sanitary sewer, and storm water funds and was approved at the August 12, 2013, Council Meeting. The total additional cost for Q3's restoration work is $43,188.08. This includes half the cost for the work to replace the median on 42nd Avenue east of Winnetka, the aggregate base for the median, installation of Motion by �..f LZ�A, Second by iti'yIrYY� To: IdA4 AL owlq— .3 G:PubWorks\RFA\916 RFA Additional expenses for Winnetka Request for Action October 14, 2013 Page 2 miscellaneous concrete curb and the concrete bus pad, and nine -inch thick bituminous pavement. Hennepin County required replacement of the median following rain events which undermined the median while the intersection was under construction. The work also included additional aggregate base tolerancing (final grading) which was required just prior to installing the bituminous pavement. The additional work by Q-3 was completed in the areas of the storm sewer installation, therefore, funding for the additional work will be from the city's storm water funds. Attachments Copy of the Resolution The engineer's memorandum recommending acceptance of the additional work Invoices from Q-3 Contracting CITY OF NEW HOPE Resolution No. 13-133 Resolution approving payment to Q-3 Contracting for restoration improvements at the intersection of Winnetka Avenue North at 42nd Avenue North (Improvement Project 916) WHEREAS, the city has entered into a contract with Q-3 Contracting for removal and restoration of the county's roadway, median, bus pad and curbing at the intersection of Winnetka Avenue North at 42nd Avenue North; and, WHEREAS, during the course of the project, modifications to the approved plans and specifications were needed to meet the previously unknown requirements of the project; and, WHEREAS, the city engineer and staff have reviewed the costs submitted by Q-3 Contracting and find the cost for the additional work to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves payment in the amount of $43,188.08 to Q-3 Contracting. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of October, 2013. U Attest: City Clerk G:PubWorks\916 RES Winnetka Project Change Order O N IL'u'1/KILi Mayor �J October 7, 2013 File: 193801638 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference:42nd Avenue & Winnetka Avenue Utility Improvements — Additional Costs Dear Bob, During the construction of the 42nd Avenue and Winnetka intersection, additional costs were incurred beyond the costs of the utility improvements as completed by the City's utility contractor, Valley Rich Company. The City utilized the sub -contractor for CenterPoint Energy, Q3, to complete miscellaneous concrete work, aggregate base installation, and the bituminous paving. Since Q3 was already onsite with completing aggregate base and paving work for CenterPoint Energy on Winnetka, it was appropriate and cost efficient to utilize Q3 for any City restoration work as well. Unit pricing for the additional work was sent for quotes and Q3 did provide the lower quote. The additional City work included half the costs to replace the 42nd Avenue median east of Winnetka, the aggregate base for the median, installing concrete curb and the concrete bus pad, and 9 -inch thick bituminous pavement. The breakdown of the costs is shown below: Q3 Work Order # Invoice Description Amount 414488 $41,578.53 Concrete Median Pavement and Median Agg. Base Concrete Curb and Gutter Concrete Bus Pad 425331 Additional Aggregate Base - Tolerancing $1,609.55 $43,188.08 Design with community in mind October 7, 2013 Mr. Bob Poschke Page 2 of 2 Reference: 42nd Avenue & Winnetka Avenue Utility Improvements — Additional Costs At the direction of Hennepin County, the median replacement was required after rain events undermined the median while the intersection was under construction. The cost to replace the median was not originally anticipated. We have reviewed and verified the quantities and recommend paying the invoices for the additional work. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. W. Christopher W. Long, P.E. c. Paul Coone — New Hope; Adam Martinson, Rohini Ray — Stantec. Design with community in mind CONTRACT[ Received: Aug 1, 2013 11:01 Completed: Aug 30, 2013 Invoiced: Sep 6, 2013 Customer: City of New Hope Address: Winnetka Cross Street: 219 60 sq ft .. City: New Hope, MN Map Info: _145 sq ft WO#: Winnetka Work Order #414488 Work Type: Blacktop Status: Invoiced Division: - Job: 502 - Misc MN Rest Jobs Phase: 2171 - Hard Surface Subs Customer Invoice No: Work Date _. Qty .' Item-. _. Aug,30, 2013 219 60 sq ft .. 6 1/2" Concrete Median g f,em -3 Aug 30, 2013 _145 sq ft 6 Concrete Bus Pad f�vvE ,3 Aug 30 2013 7,285.50 sq ft Blacktop 9" _ X: f-f,v� �' ,.F�jc �✓�.,... �✓fr4p ,Aug -.3-01-2.013 135 If Curb & Gutter �yg Total: Total 1,207.80 797.50 36 063.23 3,510.00 41,578.53 Printed Oct 1, 2013 6:58 am Powered by Pem eRdx Page 1 of 1 Invoice No: RMNO295437 Invoice Date: Oct 3, 2013 CONTRACTING Terms: Net 3O days Remit To ---- Q3 Contracting 3066 Spruce Street Little Canada, MN 55117-1061 Phone 651-224-2424 Customer – -- — City of New Hope Paul Coone 5500 International Pkwy New Hope, MN 55426 Customer WO: Completion Date: Jul 10, 2013 Q3 WO: 425331 Address: 42nd/ Winnetka City: New Hope, MN Code Description Qty Price Extended Other Aggregate Base 1 ea 1,609.55 1,609.55 Taxable Items: 0.00 Non -Taxable Items: 1,609.55 Sub Total: 1,609.55 Tax: 0.00 Invoice Total: 1,609.55 Printed Oct 3, 2013 12:11 pm ftw.d w aeiscecmr Page 1 of 1 COUNCIL A Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 12, 2013 Consent Item No. 6.7 By: Guy Johnson I By: Kirk McDonald, City Manager Resolution to accept the utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) Requested Action Staff recommends that Council approve a resolution to accept the improvements to the city's water, storm water, and sanitary sewer infrastructure at the intersection of Winnetka Avenue North and 42nd Avenue, and authorize final payment to the Valley -Rich Company Inc. (Valley -Rich) in the amount of $53,602.75. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background With CenterPoint Energy's pipeline replacement project in the area of the Winnetka Avenue and 42nd Avenue intersection, staff recommended coordinating upgrades to the city's water main, storm water pipe, and sanitary sewer pipe infrastructure in the same area during the intersection closure. Improvements to the city's utilities in the area of the intersection included repairing a section of existing sanitary sewer pipe, replacement of approximately 60 to 70 feet of 12 -inch water main, and installation of approximately 300 feet of 36 -inch storm water pipe. Council approved plans and specifications and authorized staff to solicit bids on March 11, 2013. Staff received two quotes from companies with experience working with reinforced concrete cylinder water pipe, and the Council awarded a contract to complete the utility improvements to Valley -Rich for $99,900 on April 8, 2013. Motion by �/ZQJ}j Second by To: 13- A2 1:\RFA\PUBW0RKS\2013\916 CenterPoint Energy Winnetka Project Final.doc Request for Action August 12, 2013 Page 2 Funding One change order was necessary for the addition of about 30 tons of gravel in areas of the intersection to help alleviate the impact of the wet weather that was experienced towards the end of June. Valley -Rich's original contract did not have a bid line item for gravel. Valley -Rich's original contract amount for the project was $99,900. With one change order for $906, the revised contract amount, including the change order, was $100,806. During installation of the new 36 -inch storm water pipe, it was necessary to reroute a portion of existing water main in the intersection. There were also additional costs due to Hennepin County requiring additional excavations to alleviate soft spots because of heavy rain events. The county also required that all structures in the intersection be left low to allow for paving the entire intersection with no openings, thereby limiting the access of water to the aggregate base and sub -soils. This required multiple readjustments to the height of the structures as each layer of asphalt was installed. Due to a substantial amount of additional work, the actual amount earned by Valley -Rich, including the change order, was $140,785.20. The final payment request is $53,602.75. Funding for the improvements will be from the city's water, sanitary sewer, and storm water funds. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. 1: \ RFA\ PUBWORKS\2013\ 916 CenterPoint Energy Winnetka Project Final.doc City of New Hope Resolution No. 13-112 Resolution to accept the utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) WHEREAS, the city has entered into a contract with the Valley -Rich Company Inc. for improvements to the city's water, storm water, and sanitary sewer infrastructure at the intersection of Winnetka Avenue North and 42nd Avenue North; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 916 and approve final payment to the Valley -Rich Company Inc. in the amount of $53,602.75; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to the Valley -Rich Company Inc. 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 water and sanitary sewer infrastructure improvement project from the Valley -Rich Company Inc. 1. That the city manager is hereby directed to authorize the final payment of $53,602.75 to the Valley -Rich Company Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of August, 2013. 4 Mayor Attest: City Clerk t!' August 2, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651)636-4600 Fax: (651) 636.1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 42"' Avenue and Winnetka Avenue Utility Improvements — Final Payment Request Client Project No.: 916 Stantec Project No.: 193801638 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the above referenced project. The contractor, Valley -Rich Company, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $53,602.75 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 $99,900. The contract was amended to include one change order, resulting in a Revised Contract Amount of $100,806.00. The Final Construction Amount is $140,785.20, which is more than the Revised Contract Amount. This project had a $39,979.20 over run, primarily due to the following items: • Rerouting of water main due to storm sewer conflict • Subgrade and aggregate base soft spot removal (required by Hennepin County) • Additional structure adjustments (required by Hennepin County) Change Order Summary: • Change Order No. 1 — Due to weather events, this Change Order provides for the additional aggregate base and grading required to reestablish the existing street section on 42nd Avenue North. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Signed Final Pay Requests, IC -134 Forms Cc: Shawn Markham, Paul Coone, Bernie Weber— New Hope; Adam Martinson, Rohini Ray— Stantec. SraFmBC CONTRACTOR'S REQUEST FOR PAYMENT 42ND AVENUE & WINNETKA AVENUE UTILITY IMPROVEMENTS STANTEC PROJECT NO. 193801638 CITY PROJECT NO. 916 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount S Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved y Contractor: VALLEY -RICH CO., INC. L✓ Specified Contract Completion Date: 19MOl1 8RE02FINAL AS. 2/FINAL $ 906.00 $ 0.00 Approved by Owner: CITY OF NEW HOP o�lu Date: $ 99,900.00 $ 100,806.00 $ 140,785.20 $ 0.00 $ 140,785.20 $ 0.00 $ 140,785.20 $ 87,182.45 $ 0.00 $ 53.602.75 19MOI 6WRG02FINALAa . Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 1000.00 1 $1,000.00 2 TRAFFIC CONTROL LS 1 800.00 1 $800.00 3 REMOVE WATER MAIN LF 80 30.00 80 $2,400.00 4 REMOVE VALVE AND BOX EA 1 100.00 1 $100.00 5 REMOVE SANITARY SEWER PIPE LF 52 90.00 52 $4,680.00 6 REMOVE SANITARY MANHOLE EA 1 800.00 1 $800.00 7 REMOVE AND REPLACE CASTINGS AND RINGS EA 1 900.00 5.21 $4,689.00 8 REMOVE 36" RCP STORM SEWER PIPE LF 66 90.00 66 $5,940.00 9 REMOVE 24" HDPE STORM SEWER PIPE LF 55 90.00 55 $4,950.00 10 ABANDON 24" HDPE STORM SEWER PIPE LF 23 22.00 23 $506.00 11 ABANDON 36' RCP STORM SEWER PIPE LF 177 22.00 177 $3,894.00 12 ABANDON STORM MANHOLE EA 1 700.00 1 $700.00 13 REMOVE BITUMINOUS PAVEMENT SY 394 7.00 833 $5,831.00 14 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 26 7.00 13 $91.00 15 REMOVE CONCRETE CURB & GUTTER LF 129 6.00 50 $300.00 16 REMOVE CONCRETE SIDEWALK SF 1041 1.00 210 $210.00 17 SALVAGE & REINSTALL BUS SHELTER EA 1 2240.00 1 $2,240.00 18 CONNECT TO EXISTING WATER MAIN EA 2 2600.00 3 $7,800.00 19 12" DIP WATER MAIN LF 80 110.00 237.52 262.52 $28,877.20 20 12" BUTTERFLY VALVE & BOX EA 1 2000.00 2 $4,000.00 21 DUCTILE IRON FITTINGS LB 400 10.00 400 $4,000.00 22 6" CLEANOUT EA 1 400.00 2 $800.00 23 6' PVC SANITARY SEWER SERVICE, SDR 26 LF 20 180.00 45 $8,100.00 24 8" PVC PIPE SANITARY SEWER - SDR 35 LF 20 200.00 10 $2,000.00 25 36' RCP STORM SEWER, CL 4 LF 251 85.00 258.6 332.6 $28,271.00 26 36' ARCH RCP STORM SEWER, CL 4 LF 75 100.00 75 $7,500.00 27 S DIA STORM SEWER MANHOLE EA 1 2500.00 1 $2,500.00 28 6 DIA STORM SEWER MANHOLE EA 1 3000.00 1 $3,000.00 29 CONNECT TO EXISTING STORM MANHOLE EA 2 600.00 2 $1,200.00 TOTAL BASE BID: $137,179.20 BOND EXPENSE 30 BOND EXPENSES LS 1 2700.00 1 $2,700.00 TOTAL BOND EXPENSE $2,700.00 CHANGE ORDER NO. 1 1 AGGREGATE BASE CLASS 5 TN 30.2 30.00 30.2 30.2 $906.00 TOTAL CHANGE ORDER NO. 1 $906.00 TOTAL BASE BID: $137,179.20 TOTAL BOND EXPENSE $2,700.00 TOTAL CHANGE ORDER NO. 1 $906.00 TOTAL WORK COMPLETED TO DATE $140,785.20 19MOI 6WRG02FINALAa . PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 916 STANTEC PROJECT N0, 193801638 CONTRACTOR VALLEY -RICH CO., INC. CHANGE ORDERS Nn_ Date Description Amount 1 7/15/2013 This Change Order provides for additional work on this project. See Change Order. $906.00 07'/19/2013 IChanqe Orders 87 Total Change Orders $906.00 PAYMENT SUMMARY Nn_ From To Pavment Retainaqe Completed 1 Material on Hand Total Payment to Date 07/01/2013 10riclinal Contract $99,900.00 07'/19/2013 IChanqe Orders 87 182.45 140 785.20 4,588.55 91 771.00 2/FINAL 07/2012013 08/02/2013 53 602.75 140 785.20 Material on Hand Total Payment to Date $140,785.20 10riclinal Contract $99,900.00 Retainage Pay No. 2/FINAL IChanqe Orders $906.00 Total Amount Earned 140 785.20 1 Revised Contract $100,806.00 193801638RE02FINAL.xlsm NEW 24" GAS V A F Ii I i AWALGREENS� MCDONALDS I NEW 8" GAS \ \ NEW 8" GAS I ,j REPLACE fK. 12" CIP L — — — — — — - REMOVE SAN. MH p I �� n WATER MAIN WITH & PIPE °� i� 12" DIP WATER MAIN INSTALL NEW 36" ---------------- RCP STORM SEWEE�R----J I u �� NEW 8" GAS ----_ ------------- ----------- -_--_---_-____-- G I G Y GG -GB�GB-GB-GB--GB � fi GGB �-4B�G8-`Bf--f*B SGA -GB -GA -GB -G G" 4+00 5+00 6+00 6+40 42ND AVENUE NI >.».»�>>.>> ------ - ----- �� I —' UNDERGROUND ------------ - - �� I< REGULATOR OV X. 24" DRI C , I LOOPS (GAS) E RM SEWE �I I (I 1 SPOT REPAIR SA N r it i SEWER SERVI E ABANDON a i it 4 STORM SEWER GETHSEMANE it I1 It REPAIR_ j CEMETERY I 1 Ali 11 _ — -- - - - 1 t I it I u 1 SAN. SEWER ROBBINSDALE SCHOOL it uj I d n ISI DISTRICT 281 -I- EXISTING WATER MAIN —»— EXISTING STORMSEWER I�yl IE B"f" I, `^3 —>— EXISTING SANITARY SEWER J 11 u I�, I I N�GAS } r--- A* GAS LINE �I I~ I 11 III 1 :I J _ WATERMAIN �'I 11 � I'„ II II 11 �»— STORM SEWER NES 24" G p II AI ) i / 0 u 50 `v s I i �F— !E R.O. W.I (TYP. ® r 4 SANITARY SEINER 11 _ I 1 1 1 1 Hain lal Scale M r� I I PROPOSED UTILITY IMPROVEMENTS CITY OF NEW HOPE FIGURE 1 42nd & WINNETKA AVENUE V:\1938\ACTIVE\193801638\CAD\DWG\FIGURE 1.DWG DATE: MARCH 2013 COMM: 193801638 Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-254-147-328 Submitted Date and Time: 19 -Jul -2013 9:58:12 AM Legal Name: VALLEY RICH COMPANY INC Federal Employer ID: 41-0960072 User Who Submitted: Vrich3002 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 1596227584 7863243 CITY OF NEW HOPE CITY #916 08 -May -2013 07 -Jul -2013 42ND AVE & WINNETKA $137,318.19 Subcontractor Summary Name ID Affidavit Number KLEIN UNDERGROUND 4856552 897646592 C1 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation nage for your records using the print or save functionality built into your browser. https://www.mndor.state.nm.usltp/retrieve?type=PrintFriend&key 1=214.1341952&key2=1... 7/19/2013 MN c -Services Printer Friendly I�.I�IIF Close HOPE, MN I that hired you. 651-282-9999, (Greater N nn. us. Business hours are print qI smalls copy of this of Page I ol' I _i Iflllili11H I Illllllllllillllll!IIIII 7/18/2013 Thank you. yobr'Conlra tot h s been approved. Confirmation Su i Confirmation Numbs -264-548-608 Submitted Date and ime 8 -Jul -2013 12:19:04 P Legal Name: 1.. LEIN UNDERGROUND Federal Employer tot -1907029 User Who Submitted leinug Type of Request Sut nitt ontractor Affidavit Affidavit Summar Affidavit Number: 97646592 Account Number 4356552 Project Owner: (iITY OF NEW HOPE Project Number: I ;16 UTILITIES IMPROVE Project Begin Date: C ]I -May -2013 Project End Date: 11-Juh2013 Project Location: I 4NO AVENUE 8 WINNE Project Amount: , 4,277.60 Subcontractors: o Subcontractors Important Messa e j A copy of this )aq provided to the contracto Contact Us If you need further a iiist i n ct our Withholding Tax[ 3594, (TTY Users) C ill7 1 1 in esota Relay. or (email) % Monday - Friday. I How to View and Pr sjReciuest You can see copies yos s by going to the ry the buttons below, Printer Friendly I�.I�IIF Close HOPE, MN I that hired you. 651-282-9999, (Greater N nn. us. Business hours are print qI smalls copy of this of Page I ol' I _i Iflllili11H I Illllllllllillllll!IIIII 7/18/2013 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works July 22, 2013 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Mana er 6.7 Resolution approving a change order for utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) Requested action Staff is recommending that the Council approve a change order of $906 to the contract with Valley -Rich Company Inc. (Valley -Rich), for additional work that was necessary to complete the utility infrastructure improvements at the intersection of Winnetka Avenue and 42nd Avenue. Background CenterPoint Energy's infrastructure replacement project was discussed at the Council work sessions on October 15 and December 17, 2012, and on January 22, 2013. Besides CenterPoint Energy, the project involved the city, county, and all remaining private utilities with infrastructure along Winnetka Avenue. The plan called for replacement of the existing 24 -inch steel high pressure pipe along Winnetka Avenue, from the south side of the Bass Lake Road intersection to the south side of the 42nd Avenue intersection. Along with installation of the new replacement pipe, a substantial amount of work was completed at the 42nd Avenue intersection. In that area, CenterPoint Energy replaced additional pipe and reconfigured underground regulators. A number of meetings were held with CenterPoint Energy this past spring to discuss their project's overall impact on the community. The consensus at that time was to close the intersection in all directions in order for all parties to complete the necessary work in the shortest amount of time. With CenterPoint Energy's pipeline replacement project in the area of the Winnetka Avenue and 42nd Avenue intersection, staff recommended coordinating upgrades to the city's water main, storm water pipe, and sanitary sewer pipe infrastructure in the same area during the intersection closure. Motion by f`��Q ( Second by To: I: RFA\PubWorks\2013\916 CenterPoint Energy Winnetka Project Change Order Request for Action July 22, 2013 Page 2 Improvements to city utilities in the area of the intersection include repairing a section of existing sanitary sewer pipe, replacement of approximately 60 to 70 feet of 12 -inch water main, and installation of approximately 300 feet of storm water pipe. Council approved plans and specifications, and authorized soliciting quotes for the improvements at its March 11, 2013, meeting and awarded a $99,900 contract to complete the utility improvements to Valley -Rich on April 8, 2013. This change order is for installation of about 30 tons of gravel in areas of the intersection to help alleviate the impact of the wet weather that was experienced towards the end of June. Valley -Rich's original contract did not have a bid line item for gravel. This work was required by the county, and necessary in order to backfill the city's utility excavations to a higher elevation in an attempt to alleviate the amount of moisture entering the intersection's sub -soils. Funding The original amount of the contract for the utility improvements was $99,900. The amount of the change order for installation of the gravel is $906. The revised contract amount including the change order is $100,806. Funding for the utility improvements is from the city's water, sanitary sewer, and storm water funds. Attachments The engineer's recommendation, the change order, and the resolution are attached. CITY OF NEW HOPE Resolution No. 13-104 Resolution approving a change order for utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) WHEREAS, the city has entered into a contract with Valley -Rich Company Inc. for utility infrastructure improvements at the intersection of Winnetka Avenue and 42nd Avenue; and, WHEREAS, during the course of the project, modifications to the approved plans and specifications were needed to reduce the impact of wet weather conditions on the Winnetka Avenue and 42nd Avenue intersection; and, WHEREAS, the city engineer and staff have reviewed the costs submitted by Valley - Rich Company Inc., and find the cost for the additional work to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves a change order in the amount of $906. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of July, 2013. Mayor Attest: 111-1 City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Stantec July 16, 2013 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 42"' Avenue & Winnetka Utility Improvements — Change Order No. 1 Client Project No.: 916 Stantec Project No.: 193801638 Dear Guy: Enclosed find Change Order No. 1 which provides for additional aggregate base and grading required to re-establish the existing street section on 42 "d Avenue North. We recommend approval of the enclosed Change Order No. 1 for the work completed. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC L�W.?. Christopher W. Long, P.E. Attachments: Change Order No. 1 Cc: Shawn Markham — New Hope; Jason Petersen, Adam Martinson, Rohini Ray - Stantec N" GAS V A r NEW 24 li I 1 \WALGREENS� MCDONALDS ii NEW 8" GAS NEW 8" GAS REPLACE j5C. 1211 CIP — REMOVE SAN. MH p I �� a WATER MAIN WITH & PIPE f I� 12" DIP WATER MAIN INSTALL NEW 36" ( / RCP STORM SEWER1 I III �� NEW 8" GAS O — -------------p ----' ---__ ____0---------- 1—�c-1� 1—I—I II-1-1-11—I—I-1-1 I i GG G —GB—GB—GE—GB—Ge fr G GE �—GEL—GB iB•— _ GB—G-B—G4—G96+40 4+00 5+00 6+00 6+40 42ND AVENUE N _ —---- _ ; ,II UNDERGROUND — __—REGULATOR OV . 2411 DRI C°OOPS GAS RM SEWER �� I (�i i 1 SPOT REPAIR SA W 1 I ' SEER E,RVI E ABANDON i STORM SEWER GETHSEMANE CEMETERY III I SPOT REPAIR_ r l li ii o — li SAN. SEWER ROBBINSDALE SCHOOL NI I I� I DISTRICT 281 4,. SSS I{li li a 11� ii "II 1 —I— EXISTING WATER MAIN —»—EXISTING STORM SEWER `yl II- I G II NE (I$nGAS F_ —>— EXISTING SANITARY SEWER EP 11 U I I 11\ I F--- GAS LINE ; 11 WATER MAIN 1 11 I, 11 III N 24" G '� ° u A l �» STORM SEWER I 0 25 50 ,M.J I,I 1 d I �l—IEk R.O.W.I,(TYP.� SANITARY SEWER I 11 _ 1. 1 I 1 Horizontal Scale In Feet ' PROPOSED UTILITY IMPROVEMENTS CITY OF NEW HOPE FIGURE 1 42nd & WINNETKA AVENUE V:\1938\ACTIVE\193801638\CAD\DWG\FIGURE S.DWG DATE: MARCH 2013 COMM: 193801638 KG-7.4�4 July 23, 2013 Valley Rich Co. Inc. 147 N. Jonathan Blvd.#4 Chaska, MN 55318 Subject: Change Order No. 1 for Project No. 916 At its meeting of July 22, 2013, the New Hope City Council authorized change order no. 1 for $906. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, A � Valerie Leone, CMC City Clerk Enc. cc: Chris Long, Stantec Guy Johnson, director of public works CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 0 Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date July 15, 2013 Contractor: Valley Rich Co., Inc., 147 N. Jonathan Blvd., #4, Chaska, MN 55318 Bond Company: Bond No: CONSTRUCTION CHANGE ORDER NO. 1 42ND AVENUE AND WINNETKA AVENUE C'TY,S ®p ■�® UTILITY IMPROVEMENTS STANTEC PROJECT NO. 193801638 Description of Work This Change Order provides for the additional aggregate base and grading required to re-establish the existing street section on 42nd Avenue North. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 AGGREGATE BASE CLASS 5 TN 30.2 $30.00 $906.00 TOTAL CHANGE ORDER NO. 1: $906.00 193001638CH01.x1sm Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: VALLEY -RICH CO., INC. cc: Owner Contractor Bonding Company Stantec 193801638CHOLxlsm Date: Approved by Owner: $99,900.00 $0.00 $906.00 $100,806.00 CI �EW HOP�E\��1""^.� Date GORDON L. JENSEN' MELANIE P. PERSELLIN° STEVEN A. SONDRALL STACY A. WOODS' Real Property Law Specialist Certified By The Minnesota Stam Bar Association Licensed in IllinoWColorado 'Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE(763)424-8811 $ TELEFAX (763)493-5193 e-mail law@jspattorneys.com April 30, 2013 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 42"d Avenue/Winnetka Avenue Utility Project City Project NO.: 916 Our File No.: 99.10030 Dear Val: Writer's Direct Dial Na: (763) 201-0211 e-mail sasgspattorneys.com personal delivery Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Valley Rich Company, Inc.. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Chris Long, City Engineer P9Anouwy\SAS\I Client Files\2 City of New Hope\99-10030 (Public Works,rerep\Leone It, 42nd and WInnetka Utility proj 916.doc COUNCIL A Request for Action Originating Department Approved for Agenda Agenda Section Public Works April 8, 2013 Development & Planning Item No. By: Guy Johnson I By: Kirk McDonald, City Manager 8.3 Resolution awarding a contract to Valley Rich Company Inc. for utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) Requested Action Staff recommends the Council approve a resolution awarding a contract to the low and responsible bidder, Valley Rich Company Inc., in the amount of $99,900 for improvements to the city's water, storm water, and sanitary sewer infrastructure at the intersection of Winnetka Avenue North and 42nd Avenue. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or to improve the level of service. Background CenterPoint Energy's infrastructure replacement project was discussed at the Council's October 15 and December 17, 2012, and the January 22, 2013, work sessions. Besides CenterPoint Energy, the project will involve the city, county, and all remaining private utilities with infrastructure along Winnetka Avenue. The plan calls for replacement of the existing 24 -inch steel high pressure pipe along Winnetka Avenue from the south side of the Bass Lake Road intersection to the south side of the 42nd Avenue intersection. Along with installation of the new replacement pipe, a substantial amount of work must be completed at the 42nd Avenue intersection. In that area, CenterPoint Energy will be replacing additional pipe and reconfiguring underground regulators. Work in the area of the intersection is scheduled to begin after the school year is completed in June. Motion by 3,L /1 tc— Second by To: 1:\RFA\PUBW0RKS\2013\916 CenterPoint Energy Winnetka Project Award Contract.doc Request for Action April 8, 2013 Page 2 On March 4, 2013, a meeting was held with CenterPoint Energy, Hennepin County, school district 281, and city staff to discuss the options for completing the work at the 42nd and Winnetka intersection. The consensus at that time was to close the intersection in all directions in order for all parties to complete the necessary work in the shortest amount of time. It was estimated that leaving one lane of traffic open in all directions would extend the period of time for the work by at least another four weeks and would make the safety conditions much worse for the construction crews on site. There was also agreement among the attendees that even by having one lane open in all directions severe traffic backups and congestion would deter customers from approaching the area for a longer time. On March 26, CenterPoint Energy held an informational meeting at the New Hope City Hall for property owners and business owners who will be affected by their 2013 gas main replacement project along Winnetka Avenue. During the meeting, CenterPoint Energy shared that the extensive work in the area around the Winnetka Avenue North and 42nd Avenue intersection would involve temporary lane closures prior to the end of the school year for preliminary prep work; complete closure of the intersection in all directions for approximately four weeks; and single lane closures in one or both directions for up to an additional four to five weeks after the intersection is reopened. Improvements to the city's utilities in the area of the intersection include repairing a section of existing sanitary sewer pipe, replacement of approximately 60 to 70 feet of 12 -inch water main, and installation of approximately 300 feet of storm water pipe. Currently the city has a 36 -inch storm water pipe with water flowing east entering the intersection from the west. Approximately halfway through the intersection the pipe is reduced to a 24 -inch diameter to fit between a city sanitary sewer pipe that is below the storm water pipe and CenterPoint Energy's existing 24 -inch high pressure gas main above the storm water pipe. When CenterPoint Energy replaces this 24 -inch gas main, they will install the new gas main to allow more clearance above the city's storm water pipe. With the additional clearance generated by relocating the new gas main and relocating the new 36 -inch storm water pipe through the intersection, the 24 -inch pipe sections can be eliminated. All of this work will help alleviate the flooding that sometimes occurs at the 42nd Avenue and Xylon Avenue intersection during heavy rain events. Council approved plans and specifications, and authorized soliciting quotes for the improvements at its March 11, 2013, Council meeting. Staff is also recommending that the city utility infrastructure work be completed in the evenings allowing CenterPoint Energy's contractor to expedite their work and decrease the amount of time for the intersection closure. I:\RFA\PUBWORKS\2013\916 CenterPoint Energy Winnetka Project Award Contract.doc Request for Action April 8, 2013 Page 3 Funding Quotes were received from Valley Rich Company Inc. and United Water & Sewer Company, both of which have experience working with underground utilities and around reinforced concrete cylinder water pipe. Also, both companies have satisfactorily completed projects for the city in the past. The low bidder is Valley Rich Company Inc., for the utility improvements at the intersection of Winnetka Avenue North and 42nd Avenue North, in the amount of $99,900. Funding for the proposed improvements would be from the city's water, sanitary sewer, and storm water funds. Attachments The engineer's memorandum, a copy of the bid, the resolution awarding the contract, and a map are attached. I: \RFA\PUBWORKS\2013\916 CenterPoint Energy Winnetka Project Award Contract.doc City of New Hope Resolution No. 13- 63 Resolution awarding a contract to Valley Rich Company Inc. for utility infrastructure improvements at the intersection of Winnetka Avenue North and 42nd Avenue North (improvement project 916) WHEREAS, improvements to the city's sanitary sewer, water main, and storm water infrastructures are necessary at the intersection of Winnetka Avenue North and 42nd Avenue North; and, WHEREAS, plans, specifications, and contract terms for the utility improvements at the intersection of Winnetka. Avenue North and 42nd Avenue North have been prepared; and, WHEREAS, the city has accepted bids for work described in the plans and specifications, and has identified the lowest responsible and responsive bidder; and, WHEREAS, the city engineering firm, Stantec, has recommended that Council award the contract to Valley Rich Company Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract in the amount of $99,900 for utility improvements at the intersection of Winnetka Avenue North and 42nd Avenue North is awarded to Valley Rich Company Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of April 2013. Mayor Attest: G �0.1,t F t=t2_. City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651)636-4600 Fax: (651) 636-1311 Stantec April 2, 2013 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 42nd Avenue & Winnetka Avenue Utility Improvements City Project No. 916 Stantec Project No. 193801638 Quote Results Dear Honorable Mayor and City Council Quotes were received for the Project stated above on April 2, 2013. Transmitted herewith is a copy of the Quote Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of two Bids. The following summarizes the results of the Bids received: Contractor Base Quote Bond Expenses Total Quote Low Valley Rich Company, Inc. $97,200.00 $2,700 $99,900.00 #2 United Water & Sewer Company $103,020.00 $2,990 $106,010.00 The low Bidder on the Project was Valley Rich Company, Inc. with a Total Quote Amount of $99,900.00 This compares to the Engineer's Estimate of $90,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Valley Rich Company, Inc. should be awarded the Project on the Total Quote Amount of $99,900.00. Should you have any questions, please feel free to contact me at 651-967-4630 Sincerely, STANTEC WYt�� Jas Petersen, P.E. copy: John Blasiak, Shawn Markham — New Hope; Project Name: 42nd Avenue & Winnetka Avenue Utility Improvements 1 hereby ceih/y that Mrs is an exact ��VII .rorodLcUon ahNs reerrved. Client Protect No.: 916 Project Na.: 193801638 r� %�� Owner: Rafftc Bid Opening: Tuesday, April 2, 2013, at 12 P.M., CDT O: City of New Hope ``v\V!-"r `/ Jason Fehe Licxwse Ab. 50142 Bidder No. 1 Bidder No. 2 QUOTE TABULATION Valley -Rich Co., Inc. United Water & Sewer Co. Item Num Item Units Qty Unit Price Total Unit Price Total BASE QUOTE 1 MOBILIZATION IS 1 $1,000.00 $1,000.00 $3,000.00 $3,000.00 2 TRAFFIC CONTROL LS 1 $800.00 $800.00 $1,000.00 $1,000.00 3 REMOVE WATER MAIN LF 80 $30.00 $2,400.00 $35.00 $2,800.00 4 REMOVE VALVE AND BOX EA 1 $100.00 $100.00 $110.00 $110.00 5 REMOVE SANITARY SEWER PIPE LF 52 $90.00 $4,680.00 $90.00 $4,680.00 6 REMOVE SANITARY MANHOLE EA 1 $800.00 $800.00 $1,000.00 $1,000.00 7 REMOVE AND REPLACE CASTINGS AND RINGS EA 1 $900.00 $900.00 $1,000.00 $1,000.00 8 REMOVE 36" RCP STORM SEWER PIPE LF 66 $90.00 $5,940.00 $95.00 $6,270.00 9 REMOVE 24" HDPE STORM SEWER PIPE LF 55 $90.00 $4,950.00 $95.00 $5,225.00 10 ABANDON 24" HDPE STORM SEWER PIPE LF 23 $22.00 $506.00 $20.00 $460.00 11 ABANDON 36" RCP STORM SEWER PIPE LF 177 $22.00 $3,894.00 $25.00 $4,425.00 12 ABANDON STORM MANHOLE EA 1 $700.00 $700.00 $800.00 $800.00 13 REMOVE BITUMINOUS PAVEMENT SY 394 $7.00 $2,758.00 $9.00 $3,546.00 14 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 26 $7.00 $182.00 $9.00 $234.00 15 REMOVE CONCRETE CURB & GUTTER LF 129 $6.00 $774.00 $6.00 $774.00 16 REMOVE CONCRETE SIDEWALK SF 1,041 $1.00 $1,041.00 $1.00 $041.00 17 SALVAGE & REINSTALL BUS SHELTER EA 1 $2,240.00 $2,240.00 $2,100.00 $2,100.00 18 CONNECT TO EXISTING WATER MAIN EA 2 $2,600.00 $5,200.00 $2,750.00 $5,500.00 19 12" DIP WATER MAIN LF 80 $110.00 $8,800.00 $110.00 $8,800.00 20 12" BUTTERFLY VALVE & BOX EA 1 $2,000.00 $2,000.00 $2,200.00 $2,200.00 21 DUCTILE IRON FITTINGS LB 400 $10.00 $4,000.00 $8.00 $3,200.00 22 6" CLEANOUT EA 1 $400.00 $400.00 $375.00 $375.00 23 6" PVC SANITARY SEWER SERVICE, SDR 26 LF 20 $180.00 $3,600.00 $200.00 $4,000.00 24 8" PVC PIPE SANITARY SEWER - SDR 35 LF 20 $200.00 $4,000.00 $200.00 $4,000.00 25 36" RCP STORM SEWER, CL 4 LF 251 $85.00 $21,335.00 $80.00 $20,080.00 26 36" ARCH RCP STORM SEWER, CL 4 LF 75 $100.00 $7,500.00 $100.00 $7,500.00 27 5' DIA STORM SEWER MANHOLE EA 1 $2,500.00 $2,500.00 $3,500.00 $3,500.00 28 6' DIA STORM SEWER MANHOLE EA 1 $3,000.00 $3,000.00 $4,000.00 $4,000.00 29 CONNECT TO EXISTING STORM MANHOLE EA 2 $600.00 $1,200.00 $700.00 $1,400.00 TOTAL BASE QUOTE $97,200.00 $103,020.00 30 BOND EXPENSES LS 1 $2,700.00 $2,700.00 $2,990.00 $2,990.00 TOTAL QUOTE $99,900.00 $106,010.00 Contractor Name and Address: galley-Ri(h CA., Inc United Water & Sewer Co. 1411.Jonatha.'W.,#4 7100 Normland Circle, #101 Chaska. MN 55318 Bmnklvn Park. MN 55428 Phone: 952M8-3002 763-537-9036 Fax 952-448-3362 763-535-2769 Signed By: John Miklya Jeff Spatz rrtle: CFO President 190801638QL. BT -1 I I iI- rI I I O- Ili I 1 — I u OO co1I1 1 I I it I O�� Q� Eun _ wl 1� A II (7 O� O W H v II F < � ® N 5i Z I III 1� o_ I II I=I m K V1 -. v - "Ii AI II Zw 0 Iz ti 1 IIIt LU Z Lr r1 O 1 (D a / .�. w I i� �i, " II LJ "It n a,. a' w LIJ�� wd wz -L O Q w a A Lwin a Q• �r��.L_ CU7 r II Lin Ln c w io n. .. I '1 lu N---------COr l i �I� I v A LLI �GGG ` �1nL SS✓j f+ GGG G ^ '—,3AMi3NNI-M -- _ I t`1 I U W o� �C j I nil - 1 1 1 0 Ln a i I II 1 g w l Aw W Q 0 z (o M W I I I I b z If, fO z I I z I Y I w Q o z 3 3_ I W i Q 3 vii vai �S —-LUJCL — I I I $ W m z z z z �o n -I w I w Stu- n fL l �i YI s Q I Hw w Z 3 z a l u z .. Va' U ji 0 I (.7 0A A O I I ��'l ii 3 i 1 I I I I I I I , II a I Z I I Is H W Z LU W p- 0 O x z w z z O d5 F U T I 3 0 wo May 7, 2013 Mr. John Miklya Valley -Rich Company, Inc. 147 N. Jonathan Blvd. #4 Chaska, MN 55318 SUBJECT: Contract documents: 42nd Ave & Winnetka Ave Utility Improvements (#916) 451i and 551h Avenue & Winnetka Ave Utility Improvements (#893 & 911) At its meetings of April 8 and April 22, 2013, the New Hope City Council approved the fore- mentioned contracts with your company. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contracts, IC -134 cc: Guy Johnson, director of public works Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 "RACT Wk, E N T S Project Manual For . & Winnetka Ave. Utility Improvements City of New Hope.. Minnesota City Project No. 916 CONTRACT March 2013 J C A M E NTS stantec Project No.193801638 Stantec 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. Jaskj Petersen Date: March 26, 2013 License # 50142 END OF SECTION PROFESSIONAL CERT C 2013 Stantec 1 193801638 0001 050-3 This Page Left Blank Intentionally From:VALLEY-RICH CO., INC. 952 446 3362 04/30/2013 13:03 #547 P.002/002 Client#: 15581 VALRI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYI-YV) TYPE OF INSURANCE 4/30/2013 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 endomement(s). PRODUCER N E:TACT Erin Surber J. A. Price Agency, Inc. _ PHONE 952 944-8790 952 944-0097 NC N Sal: NO No: 6840 Shady Oak Road nun IL , erin.surber@japrice.com Suite 500 INSURERS AFFORDING COVERAGE NNCS Eden Prairie, MN 55344-6176 INSURER A: Western National insurance Grou 15377 INSURED Valley Rich Company, Inc. INSURERS: INSURER e: 147 Jonathan Blvd North INSURER D: Chaska, MN 55318 INSURER E: INSURER F: 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, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SEEXCLUSIONS !"TR TYPE OF INSURANCE WL AWall UBR ;MD POLICY NUMBER MMIOICY EFF NMLCY X LIMITS A GENERALLIABIL CPPOO16293 04/01/201304/001/201 51 OOQ QQQ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR X PD Ded:2,000 pDEAA�CCHpOECCURgRENCE PREMI 'ETE oNNTEranm 5100 QQQ MED EXP fAn ones arson $5000 PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE E2 000 000 GENT AGGREGATE POLICY LIMIT APPLIES PER: X PRO LOC _ PRODUCTS, AGO E2 OOO O00 S A AUTOMOBILE X X LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS; AUTOS CPPOO16140 4/01/2013 04/01/201 COMBINED IMI 1,000,QOO BODILY INJURY (Per person) S BODILY INJURY(Peramidenl) $ racddenl S E A X UNREEL"LIAR EXCESS LMB X OCCUR CLNMS.MADE UMB0010807 4/01/201304/01/201 EACH OCCURRENCE S$000000 AGGREGATE $5,000.000 DED X RETENTION 1 O 000 E A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR,PARTNER/EXECUTIVEY IN OFFICERAIEMSER EXCLUDED? IN N/A WCV0010745 D4101112013 04/01/201 X WCSTATU- OTIL E.L. EACH ACCIDENT $100 ,000 (Mandatory In NH) It ea, deacdbe under DESCRIPTION OF OPERATIONS bal.w E.L. DISEASE- EA EMPLOYEE $100,000 E.L. DISEASE -POLICY LIMIT $500000 DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES(Anach ACOn)1111, Additi nal Remarks schedule,ifmore.paee leraquind) Project: 42nd Avenue & Winnetka Avenue Utility Improvements City of New Hope c/o Jason Petersen, Stantec Cons 2335 Highway 36 W New Hope, MN 55113 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 19RR.>Ddn Arnon rnoononr,r.0 •„ _._i. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S113186/M111781 ENS * * * * * Bond # RCN2121929 * * PAYMENT BOND The American Institute of Architects, AIA Document No. A312 * * * * * (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Valley Rich Company, Inc Old Republic Surety Company 147 North Jonathan Blvd P. O. Box 1976 Chaska, MN 55318 Des Moines, IA 50306 OWNER (Name and Address): City of New Hope c/o Jason Petersen, Stantec Consulting Services 2335 Highway 36 W Saint Paul, MN 55113 CONSTRUCTION CONTRACT Date:04/01/2013 Amount: $99,900.00 Description (Name and Location): 42nd Avenue & Winnetka Avenue Utility Improvements BOND Date (Not earlier than Construction Contract Date):04/01/2013 Amount: $99,900.00 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Valley Rich Company, Inc 147 North Jonathan Blvd, Chaska, MN 55318 Signature: ems= Name and Title: 5Oh1n In 1-Y CTO (Any additional sianatures aooear on page 2.) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER:.I.A. Price Agency, Inc. 952-944-8790 6640 Shady Oak Rd, Eden Prairie, MN 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: SURETY .,,,,,,,,,,,,,,,, Company: (C e m_ Old Republic Surety Company as>Y' Signatur$ Name and Title: Erin Surber, Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Stantec Consulting Services, Inc; 2335 Highway 36 W; Saint Paul, MN 55113 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. ORIC 22114(]-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the 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 or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the 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 limi- tation 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Valley Rich Company, Inc (Corporate Seal) 147 North Jonathan Blv Signature: G G Name and' e:. Odin Q 61, uUiZ,70 Address: 147 North Jonathan Blvd Chaska, MN 55318 Signature: Name and itle: Erin Surber, Attorney -in -Fact Address: 6640 Shady Oak Rd, Ste 500 Eden Prairie, MN 55344 Page 2 of 2 .oepE.VY�B,nyr Bond # RCN2121929 * PERFORMANCE BOND * The American Institute of Architects, * * * AIA Document No. A312 (December, 1984 Edition) * * Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Valley Rich Company, Inc 147 North Jonathan Blvd Chaska, MN 55318 CONSTRUCTION CONTRACT Date: 04/01/2013 Amount: $99,900.00 OWNER (Name and Address): City of New Hope c/o Jason Petersen, Stantec Consulting Services 2335 Highway 36 W, Saint Paul, MN 55113 SURETY (Name and Principal Place of Business): Old Republic Surety Company PO Box 1976, Des Moines, IA 50306 Description (Name and Location): 42nd Avenue & Winnetka Avenue Utility Improvements BOND Date (Not earlier than Construction Contract Date): 04/01/2013 Amount: $99,900.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Valley Rich Company, Inc 147 NorthJo Blvd 1a ka, 55318 Signature: C` Name and 1tle: aim r\ MY,Ok, C'1 -o (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: J.A. Price Agency, Inc. 952-944-8790 6640 Shady Oak Rd, Eden Prairie, MN 55344 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ® None ❑ See Page 2 SURETY Company: (Cr o/Nsg\N:=�) Old Republic Surety Company Signature: Name and itle: Erin Surber, Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Stanlec Consulting Services, Inc; 2335 Highway 36 W; Saint Paul, MN 55113 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or ORSC 22119 (10.93) Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the 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. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terns of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) ,o.�..qZ� CONTRACTOR AS PRINCIPAL (Corporate Sea]) SURETY (Company: . \."M 1A al) .rya. Company: Valley Rich Company, Inc Old Republic Surety Company Address: 147 147 North Jonathan Blvd Address: PO Box 1976, Des Moines, IA 50306 Chaska, MN 55318 Name and Title: V, 1 Name and Title: Erin Surber, A_ nine/ -in -Fact Signature: f A Signature: """' 1, _ �L-7_Z ORSC 22119 (1 -93) Page 2 of 2 Ar*.* * * * OLD REPUBLICSURETY COMPANY * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: KARL L. WIED, JEFFREY R. OLSEN, JEANETTE KRAEMER-CLEMONS, MARK A. KIESOW, JEANNINE A. KEMPENICH, ELAINE CARTWRIGHT, GARY E. MATSON, ERIN N SURBER, OF EDEN PRAIRIE, MN its We and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than hail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE MILLION DOLLARS($1,000,000)-------------------------- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Atoomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the hoard of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 26TH day of FEBRUARY, 2013. OLD REPUBLIC SURETY COMPANY 2a`'A wee . SEAL : `- Rss ant S?uat,)ry� i # - 4 . _ N fs'} STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS On this 26TH day of FEBRUARY. 2013 , personally came before me, Gerald C. Leach and Phyllis M'Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 0.. -jrt , �—Notary Publo My commission expires: 9/28/2014 CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 40-2470 Q' PU4, Signed and sealed at the City of Brookfield, WI this /10VA day of eq r g SEAL J. A. PRICE AGENCY, INC. 22851-W PLEASE INSERT IN THE POWER-OF-ATTORNEY SECTION OF YOUR BOND KIT (INDIVIDUAL ACKNOWLEDGMENT) STATE OF SS COUNTY OF. On the day of within and for said county, personally appeared, before me, a Notary Public to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that executed the same as free act and deed. (Notarial Seal) Notary Public My Commission Expires CORPORATEACKNOWLEDGMENT STATE OF`\,t\111 PS 8i' ) SS COUNTY OF ay- V P Y- ) �31rQ On the day ofl �� 3 ,before me, personally appeared du'n T\m-� �L to me known, who being by me duly sworn, did depose and say that N,z `re'sides in 1 that this the C.F n President V of the l b `) ,lint the corporation described in and which executed the foregoing instrumlarlt; that hp knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said corReration; and that VW, signedfjLS name thereto by like order. Notary Public County a'rye_V- aLSjea&TACY WEBER My Commission Expires PUBL�i:-MINNESOTA ion Expires Jan. 31. 2015 r MM LEDGMENT OF CORPORATE SURETY STATE OF Minnesota ) SS COUNTY OF Ht Gln<P ` 1 On this 19th day of April 1 2013 , before me appeared Erin Surber to me personally known, who being by me duly sworn, did say that she is the aforesaid officer or attorney in fact of the Old Republic Surety Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to bb�e%%the free act and � deed of said corporation. +ow.ren.wVww `�l e -l.�- �- R, `�.), (,�% 4\ MARIA L RINGSMUTH NOTARY PUBLIC -MINNESOTA 0.4yftA6ssion Expires Jan. 31, 2015 Notary Public Minnesota v County My Commission Expires 'J INSTRUCTIONS Most Bonds Filed In Minnesota Require The Signature Of The Principal To Be Acknowledged By A Notary Public. Also, The Signature Of The Attorney- In -Fact Should Be Acknowledged By A Notary Public. On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Attorney -in -Fact. SSC- 2757 (4/93) SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Invitation for Quotes 00 21 13 Instructions to Bidders 0041 10 Quote Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 7205 EJCDC C-700 Standard General 00 73 05 Supplementary Conditions Conditions of the Construction Contract (2007 Edition) SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 3100 Project Management and Coordination 01 3300 Submittal Procedures 01 40 00 Quality Requirements 01 5000 Temporary Facilities and Controls 01 70 00 Execution Requirements Division 02 — Existing Conditions 0241 13 Selective Site Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 3123 13 Subgrade Preparation Division 32 — Exterior Improvements 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 1000 Water Utilities 33 31 00 Sanitary Utility Sewer Piping 3331 14 Sanitary Sewer Services 33 40 00 Storm Drainage Utilities END OF SECTION TABLE OF CONTENTS © 2013 Stantec 1 193801638 0001 10-1 This Page Left Blank Intentionally SECTION 00 11 13 INVITATION FOR QUOTES Quotations are due at 12:00 PM, C.D.S.T., on Tuesday, April 2, 2013. Quotations shall be sent to Jason Petersen, the Engineer's Project Manager, via email at iason.oetersenCalstantec.com or mailed to 2335 Highway 36 West, St. Paul, MN 55113. The Quotations are for the following: 42°$ Avenue & Winnetka Avenue — Utility Improvements. In general, project consists of the replacement of water main, spot replacement of sanitary sewer and services, and improvements to the storm sewer system at the intersection of 42nd Avenue and Winnetka Avenue in the City of New Hope. Direct inquiries to Engineer's Project Manager Jason Petersen at (651) 967-4630. 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 Quotes, 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 INVITATION FOR © 2013 Stantec 1 193801638 0011 13-1 This Page Left Blank Intentionally INVITATION FOR QUOTES © 2013 StantLc 1193801638 001113-2 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: 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. 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. INSTRUCiI0N5 BI © 2013 Stantec 1193801638 00 21 13 - 1 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 4.01A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, 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. INSTRUCTIONS TO BIDDERS © 2013 Stantec 1193801638 0021 13-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; 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 INS7RUCrI0N5 T © 2013 Stantec 1193801638 00 BIDDERS I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 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. INSTRUCTIONS TO BIDDERS © 2013 Stantec 1193801638 0021 13-4 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective 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 S days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 if apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions, 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. 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 INSTRUMONS TO BIDDERS © 2013 Stantec 1 193801638 002113-5 each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. INSTRUCTIONS TO BIDDERS © 2013 Stantec 1193801638 0021 13-6 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.6 of the General Conditions. 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 Invitation for Quotes and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 4110, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Quotes are due at the time indicated in the Invitation for Quotes. ARTICLE 18 - BIDS TO REMAIN SUB]ECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. INSTRUCTIONS © 2013 Stantec 1 193801638 00 21 113-7 - 7 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by dear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUQIONS TO BIDDERS © 2013 Sta tec 1193801638 0021 13-8 I //�' BIDDER:_YLLEY"F(CrC — 5t116LC DOCUMENT 00 4110 QUOTE FORM 42ND AVENUE & WINNEFKA AVENUE UTILITY IMPROVEMENTS STANTEC PROJECT NO, 143801638 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope c/o Jason Petersen, Stantec Consulting Services Inc. 2335 Highway 36 W St. Paul, MN 55113 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the farm included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the limes indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 in submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Letter Addendum Date EMAZ. Eb CAfArVt7E39454 3/27 /-/,3 N£W IT£viS60 BIO i°O2M :!U/z/3 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. (} 2013 Slanhz 1193801638 0041 10-1 QUOTE FORM No. Item Units Qty Unit Price Totaf Price 1 BASE QUOTE MOBILIZATION LS 1 $ `>' ��b - $ 2 TRAFFIC CONTROL LS i $ GfN $�� 3 REMOVE WATER MAIN LF 80 $ c+C+ 3L)'"" $ 4 REMOVE VALVE AND BOX EA 1 $ lot va $ //o Qo 5 REMOVE SANITARY SEWER PIPE LF 52 $ Y $ Ola 8 6 REMOVE SANITARY MANHOLE EA 1 $ p ata yoopo $ e�0 000' 7 8 REMOVE AND REPLACE CASTINGS AND RINGS REMOVE 36' RCP STORM SEWER PIPE EA LF 1 66 $ $ ` 00 C-o $ $ O t 0Q !�E �y d (� eo 9 REMOVE 24' HDPE STORM SEWER PIPE LF 55 $ y0 $ 4, 7sy a� 10 ABANDON 24" HDPE STORM SEWER PIPE LF 23 $� � $ V b Oma? 11 ABANDON 36" RCP STORM SEWER PIPE LF 177 $ :Z- $ 5-1-8"74 = 12 ABANDON STORM MANHOLE EA 1 $ 7o $ ! d 13 REMOVE BITUMINOUS PAVEMENT BY 394 $ ,7ov $ �j779 14 REMOVE BITUMINOUS DRIVEWAY SY 26 $ 70'^ $ f T2 15 15 PAVEMENT REMOVE CONCRETE CURB & GUTTER LF 129 $. pp-7f- $ o0 ? 7`� e 16 REMOVE CONCRETE SIDEWALK SF 1041 $ I J' $ 11041 17 SALVAGE & REINSTALL BUS SHELTER EA 1 $ �yts rP �J $ o(J "Jl Z 40 18 CONNECT TO EXISTING WATER MAIN EA 2 $ /2-10 7-166 J, $ 51r Z o op 19 12"DIPWATERMAIN LF 80 $ $ 20 12" BUTTERFLY VALVE & BOX EA 1 $ a/ Doo "� $ Zr o oo to 21 DUCTILE IRON FITTINGS LB 400 $ p -tp+ 1© $ d0 -4i 000 22 6" CLEANOUT EA 1 $ .400 c� $ 23 6" PVC SANITARY SEWER SERVICE, SDR LF 20 $ �4j t� �'! $ m �00 ."- 26 Co 2013 StanW 1193801638 004110-3 QUOTE FORM - REVISED 25 26 27 28 29 30 8" PVC 36" RCP STORM SEWER, CL 4 36" ARCH RCP STORM SEWER, CL 4 5' DIA STORM SEWER MANHOLE 6' DIA STORM SEWER MANHOLE CONNECT TO EXISTING STORM MANHOLE BOND EXPENSES LF 251 $ $ 211335= LF 75 $ /Qb $ 7,5310 m0 EA 1 $ -Z! 5V0 �0- $ 2, X500`' EA 2 $ 6op $ zoo � CONSTRUCTION SUBTOTAL: p>, Ls 1 $ -Z 'Wo °50 $ Z,'7va TOTAL: $ 00 C/ r f 010 (D 2013 Stdntec 1 193801638 004110-4 QUOTE FORM - REVISED 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 $1,000 for each day that expires after the time specked 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 Ninety -Nine Thousand, Nine Hundred Dollars and No Cents ($99,900.00). 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.Ai 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). AGREEMENT FORM © 2013 Stantec 1 193801638 0052 10-2 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.85 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 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. I AGREEMENT FORM O 2013 Stantec 1 193801638 005210-3 G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 42nd Avenue & Winnetka Avenue — Utility Imorovements. 7. Addenda / Changes (3/27/13 and 4/1/13). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be AGREEMENT FORM p 2013 Stantec 1 193801638 005210-4 limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a.scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREER © 2013 Stantec 1 193801638 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on 624111 a 2013 (which is the Effective Date of the Agreement). Owner: City of New-liQpe.Minnesota Address RiaAW: 'CI�EW HOPE 4401 XYLON AVE NO, NEW HOPE, MN 55428 Designated Representative: '"Rt'4 MCDONALM y,�,,/' .,.�} i Address: NEWIiOPEMIN0554228 I- ii Facsimile: 763-53t-5436- -' Contractor: Valley -Rich Company, Inc. Address Ckk_SkW_ 18 License No.: 1)[A (Where Applicable) Designated Representative: Name:e Sf�hr� m, k �l lCc Title: Address:}Ul AZ Facsimile: QG21. UUP �3(n END OF SECTION _- AGREEMENT FORM 0c 2013 Stantec 1 193801638 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of'Business): Surety and Contractor, intending to be legally bound hereby, subject to the tenns set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal By: Signature Attest: Print Name Title Signature Title SURETY (Seal) Surety's Name and Corporate Seal By: Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paste 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors: or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paee 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract .Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond Snay be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description ('Vame and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal LE Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal an Attest: Signature (Attach Power of Attorney) Print Name Title Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 1 of 3 (Seal) 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 ,Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. FJCDC C-615 Payment Bund (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (l) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall pen -nit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): FJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This Page Left Blank Intentionally 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 ACEC� SCEAmerican Society of Civil Engineers National Society of Professional Engineers Protessianai Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC.. All rights reserved. 00 7i'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 Oc 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.or>r American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.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 Copyright fi 2007 National Society orProfessional 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 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance........................................................ .......... I... 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. All rights reserved. Papei 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 6.1.1 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs.....................................................................................31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article 7 - Other Work at the Site... ........... ..................................................... - ................................. 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships...........................................................................................................36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 standard General Conditions of the Construction Contract Copyright C'i 2007 National Society of Professional Engineers for EJCDC. 911 rights reserved. Page ii 007205 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative.. ..................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders .............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays. ... ........................ ........................................................................................... ..... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization..............................................................................................................57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC, 911 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 1.5.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings...........................................................................................................................63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable forth, 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 ofthe Construction Contract Copyright Ci 2007 national Society of Professional Engineers for EJCDC. AO rights reserved. Pace 1 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of'the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22, Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Cond0ions of the Construction Contract Copyright Ci 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 2 of 62 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 Thies 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 (?f 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 V 2007 National Society of professional Engineers for EJCDC. All rights reserved. Pace 3 of 62 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work. and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work --Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such FJCDC C-700 Standard General Conditions of the Construction Contract Copyright C, 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 teens "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not 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 V%2007 National society or Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: I. 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 oj"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 V 2007 national Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 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 othenvise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the tunes (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2,05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 7 of 62 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright €, 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractors 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 resohring any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. __ Page of 62 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 sea] of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC..411 rights reserved. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of'Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsu: face and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright iD 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 11 of 62 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. dif ers materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a fiial 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 Ci 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. NotShown 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 t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 007205 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C; 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 responsible. Nothing in this Paragraph 4.06.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year alter the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright E 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 17 of 62 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 (i 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief; earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society, of professional Engineers for EJCDC. All rights reserved. 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 home by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 WaivergfRights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 20 of 62 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 1 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 pan thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or atter 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without OWDer'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 U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 05 6.03 Services, Materials, mut 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 perfonnance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. "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. All rights reserved. Pace 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 U' 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 24 of 62 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 he the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pone 25 of 62 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to famish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and. Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to comfnunicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and bold 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 CJ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and. Regulations, but this shall not relieve Contractor of Contractor's obliga'tions under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Tunes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume fall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 28 of 62 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 CV 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 0072 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 cotuiection 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 0 2007 National Society of Professional Engineers for EJCDC..All rights reserved. Pave 30 of 62 Gri10MR 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 DraAings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright U 2007 rational Society of Professional Engineers for EJCDC. A l rights reserved. Page 31 of 62 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner: 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 9 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pace 33 of 62 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 itselt), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Ci 2007 National Society of Professional Engineers for EJCDC. Aa rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.13.1. 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 C 2007 National Society of Professional Engineers for E ICDC. All rights reserved. affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0LA shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.01. Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (t9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's 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 V 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved. Page 37 of 52 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. 8.1.1 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 38 of 62 D1MP31R 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. 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 Ci 2007 National Societe, of Professional Engineers for EJCDC. vl rights reserved. Pace 40 of 62 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 Safeo, Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of'Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 41 of 62 00 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.1.8.A. 10.04 Notification to Surety A. if the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's 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 Clain shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Clain). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01:13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment clained is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright {) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Patre 42 of 62 CIr640.11M 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.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of'the Work A. Costs Included• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0LB, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 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. Psee 43 of fit 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 salve 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 �D 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 5.06.13), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. 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.I or specifically covered by Paragraph 11.O1.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 detective 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 I LOLA. 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 C 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Pane 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA and I LO1.B, Contractor will establish and maintain records thereof in. accordance with generally accepted accounting practices and submit in a tone acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as maybe acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit 7'r•ice 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 C 2007 National Society • of Professional Engineers for EJCDC..411 rights reserved. Page 46 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 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 he based on written notice submitted by the party making the Clain to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 1.1.01) 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 11.0I.A.1 and 1 1.0I.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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 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.Ol.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 I1.O1.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.Ol.A.4, 11.O1.A.5, and 11.O1.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.O1.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05, B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Thies 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 �D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 1.3.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 1.3.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright fi 2007 National Society of Professional Engineers for EJCDC. All rights reserved. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Clain 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 V 2007 National society of Professional Engineers for EJCDC. Ml rights reserved. Page 50 of 62 007205 parties are unable to agree as to the amomrt 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 6.11.A 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 VD 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 51 of 62 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 (?f Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 52 of 62 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 Payinent 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 G 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. 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 gI'Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. AO rights reserved. Pane W of 62 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15,02.A. C. PaymentBecomes.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 U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 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 Owmer 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. 1.4.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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..411 rights reserved. Pane 57 of 62 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 58 of 62 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 1.4.09. Othenvise, Engineer will return the Application for .Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.0 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright qi 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Oxmer May Tenninate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written 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. A l rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Ston 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 U 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Clain submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 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 232007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 delivered in person to the individual or to a member of the firm or to an officer of the corporation for whole it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival gfObligations 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 C 2007 National Society of professional Engineers for EJCDC. All rights reserved. pave 63 of 62 007205 This Page Left Blank Intentionally 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 1 - DEFINITIONS AND TERMINOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: 1. All water main, sanitary sewer and storm sewer has been completed and all tests have passed. 2. Trenches have been backfilled, subgrade preparation completed, and aggregate base installed. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.12: 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 4.02.6 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.06.6 in their entirety and insert the following: © 2013 SWMet (193801638 SUPPLEMENTARY CONDITIONS A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE S - 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 E)CDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 S. 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: SUPPLEMENTARY CONDITIONS © 2013 Stantec 1193801638 00 73 05 - 2 a. Owner. b. Engineer. SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: 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." 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. SUPPLEMENTARY © 2013 Starrtec 1193801638 oND QON3 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 or in the second sentence. ARTICLE 7 - CHANGES IN THE WORK; CLAIMS SC -10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 8 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.13 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 9 - 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 10 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.B5 Add the following new item immediately after Item 14.02.65d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 11 - 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 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to 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 SUPPLEMENTARY CONDMONS © 2013 Stantec 1193801638 007305-4 resolved under the provisions of Paragraphs SC -16.01.A and 16.01.8, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193801638 007305-5 This Page Left Blank Intentionally 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: 42nd Avenue & Winnetka Avenue - Utility Improvements for the City of New Hope, Minnesota, City Project No. 916. B. Description of Work: Project consists of the replacement of water main, spot replacement of sanitary sewer and services, and improvements to the storm sewer system at the intersection of 42nd Avenue and Winnetka Avenue in the City of New Hope. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Contractor is required to work only during night time hours, between 7 PM to 7 AM, unless otherwise permitted by the Engineer. 2. Contractor shall coordinate with foreman for the CenterPoint Energy gas main project 1 hour prior to the end of each working day to discuss work in progress, protection of existing facilities, schedule, and all other items that may affect the work. 3. Contractor must have watchdog from CenterPoint Energy onsite while utility work is being completed. Contractor is responsible for the required coordination with CenterPoint Energy. 4. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 5. Keep existing driveways and entrances clear and available to the public and to the Owner. 6. If additional space is needed, obtain and pay for such space off Site. © 2013 Stantec 1 193801638 011000-1 B. Access to Site 1. Contractor shall not impede the work of CenterPoint Energy or any of its contractors i subcontractors. 1.07 OTHER WORK AT SITE A. The installation and revision of electric power, telephone lines, gas lines, and cable TV by private utilities is anticipated. B. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. i �:Ijsjt SUMMARY © 2013 Stantec 1 193801638 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS I Not Used. PART 3 EXECUTION Not Used. © 2013 Stantec 1193801638 END OF SECTION PRICE AND PAYMENT PROCEDURES 012000-1 This Page Left Blank Intentionally SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. 6. Communications: Comcast, CenturyLink, Access Communications, Arvig, Sprint, AT&T, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.06 PROJECT MEETINGS A. Daily Foreman's Meeting 1. Contractor shall meet with CenterPoint Energy and its foreman prior to each night that work is planned. ©2013 Stantec 1.193801638 3 00 PROJECT MANAGEMENT AND COORDINATION B. 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. C. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. D. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.07 CONSTRUCTION SCHEDULING A. CenterPoint Energy is completing a gas main project along Winnetka Avenue, which will require that the intersection of 42nd Avenue and Winnetka Avenue be closed for four weeks. CenterPoint Energy is currently proposing the intersection closure to begin on June 7, 2013. B. The scheduled intersection closure may be subject to change, and Contractor is fully responsible for coordinating all work in conjunction with CenterPoint Energy and their sub -contractors. C. All utility work as shown in the drawings must be completed within the four week intersection shut down period. All utility work shall be completed within two weeks of beginning utility work. D. Contractor is required to work only during night time hours, between 7 PM to 7 AM, unless otherwise permitted by the Engineer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. PROJECT MANAGEMENT AND COORDINATION © 2013 Stantec 1 193801638 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules 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. S. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety © 2013 Stantec 1193801638 SUBMITTAL PR OCEDURES 00 - 1 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. S. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. 'Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. SUBMITTAL PROCEDURES © 2013 Stantec 1193801638 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2013 Stantec 1193801638 013300-3 This Page Left Blank Intentionally QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. © 2013 Stantec 1193801638 4000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 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 manufacturers 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. TWORIMMillm, QUALITY REQUIREMENTS © 2013 Stantec 1 193801638 014000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS IrdWITZ- 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. 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: 2. 3. 4. 5. No Nd item has been provided for By -Pass Pumping. Any by-pass pumping required will be considered incidental to the Project with all costs included in the Base Bid, 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. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 No Nd item has been provided for By -Pass Pumping. Any by-pass pumping required will be considered incidental to the Project with all costs included in the Base Bid, 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. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: © 2013 StaMec 193801638 01 TEMPORARY FACILITIES AN CONTROLS Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned — 50 90 Percent of original Contract amount earned —100 100 © 2013 StaMec 193801638 01 TEMPORARY FACILITIES AN CONTROLS 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1 193801638 015000-2 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. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. B. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1193801638 015000-3 B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights - SAE Specification J1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1193801638 015000-4 required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. S. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non-compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 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 FACILMES AND CONTROLS © 2013 Stantec 1 193801638 015000-5 TRAFFIC CONTROL CHECKLIST TFEM HOW MANY? 1. Are any devices missing? D Yes C No Do any devices need repair? El Yes D No Were all replaced or repaired? D Yes D No 2. Are any lights (flashers, etc) D Yes D No not functioning? Were they all replaced or repaired D Yes i_i No 3. Are any devices improperly placed? D Yes D No Were all positions corrected? D Yes © No 4. Do any devices need cleaning? D Yes C, No Where all devices cleaned? D Yes C No ADDITIONAL COMMENTS: The above check was completed by on: (date) (name / title) at: CAM O PM (time) SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 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. EXECUTION REQUIREMENTS O 2013 Stantec 1193801638 017000-1 B. Install each element of work during weather conditions and Project status to ensure coordination of the Work. C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 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. 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 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1(800) 657-3594. They are also available on their website: www revenue state.mn.us, or via email at withholdino.tax@atate.mn.us. END OF SECTION © 2013 Stantec 1193801638 REQUIREMENTS 017000-2 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 33 05 05 — Trenching and Backfilling. 2. Section 33 05 17 — Adjust Miscellaneous Structures. 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 Water Main: Per lineal foot. b. Remove Valve and Box: Per Each. c. Remove Sanitary Sewer Pipe: Per lineal foot. d. Remove Sanitary Manhole: Per Each. e. Remove and Replace Casting and Rings: Per Each. Payment will include removal of existing and installation of new casting and rings conforming to Section 33 05 17. f. Remove 36" RCP Storm Sewer Pipe: Per lineal foot. g. Remove 24" HDPE Storm Sewer Pipe: Per lineal foot. h. Abandon 24" HDPE Storm Sewer Pipe: Per lineal foot. Payment includes work associated with abandoning storm sewer pipe by filling it with sand and includes cutting, pipe removal, bulk -heading, stand pipes, sand, and other incidentals to fill the pipe with sand. No payment will be made for abandonment unless pipe is filled with sand. i. Abandon 36" RCP Storm Sewer Pipe: Per lineal foot. Payment includes work associated with abandoning storm sewer pipe by filling it with sand and includes cutting, pipe removal, bulk -heading, stand pipes, sand, and other incidentals to fill the pipe with sand. No payment will be made for abandonment unless pipe is filled with sand. j. Abandon Storm Manhole: Per Each. Payment includes work associated with abandoning the storm manhole by removing the top slab or cone section and barrel sections as directed by the Engineer. The remaining structure shall be abandoned by filled with sand or approved onsite material. k. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. Measurement includes sawing at the removal limits. I. Remove Bituminous Driveway Pavement: Per square yard without regard to thickness. m. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. Measurement includes sawing at removal limits and excavation required to place aggregate base for the new curb and gutter. SELECTIVE SIM© a 2013 Sttec 1193801638 024113-1 n. Remove Concrete Sidewalk: Per square foot without regard to thickness. Measurement includes sawing concrete sidewalk at removal limits and excavation for the aggregate base and new sidewalk. o. Salvage and Reinstall Bus Shelter: Per Each. Payment shall include picking up and temporarily relocating the bus shelter to complete sanitary sewer service work. Sidewalk J concrete slab under the shelter will be completed by others prior to replacing the bus shelter on the sidewalk. p. Bulkheading and abandoning of existing pipe will be incidental. q. Salvage and reinstall signs will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2104 — Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. 5EtECTIVE S1 E UtMUU 11UN © 2013 Stantec 1193801638 0241 13-2 PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 33 05 05. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than i day. Any hole within 30 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line full depth of existing pavement. B. Bituminous Pavement: Saw along the removal line full depth of the existing pavement. SELECTIVE SITE DEMOLITION O 2013 Stantec 1193801638 0241 13-3 3.05 REMOVE CONCRETE PAVEMENT A. Remove in accordance with MnDOT Spec. 2104.38, except as modified below: 1. Saw cut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a manner that the remaining pavement is not damaged. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.36, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.07 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.08 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.09 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. SELECTIVE SITE DEMOLITION © 2013 Stantec 1 193801638 0241 13-4 E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.10 REMOVE MANHOLES AND CATCH BASINS A. Remove entire structure including base slab. B. Salvage casting to the Owner as directed. 3.11 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.12 SALVAGE AND REINSTALL A. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. 3.13 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.14 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2013 Stantec 1193801638 0241 13-5 This Page Left Blank Intentionally SECTION 31 23 13 SUBGRADE PREPARATION PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 33 05 05 — Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. Subgrade preparation shall be completed in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 1. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material, concrete curb and gutter, and bituminous pavement. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross- section. SUBGRADE PREPARATION © 2013 Stamm 1 193801638 23 - 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. 2105.3F1, or as modified herein 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2013 Stantec 1 193801638 3123 13-2 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 02 4113 — Selective Site Demolition. 2. Section 33 05 05 — Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Hydroseeding. Measurement will be based upon units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, hydromulch, and all correlated activity. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 DEFINITIONS A. Weeds: For the purpose of this project, a weed is a plant that inhibits the establishment of species listed in article MATERIALS. Weeds may include, but are not limited to, bindweed, bentgrass, Bermuda grass, blackberry, black locust, Canada thistle, chickweed, crabgrass, cress, dandelion, European buckthorn, glossy buckthorn, horsetail, jimsonweed, Johnson grass, lambsquarter, morning glory, mustard, nimble will, nutgrass, nut sedge, perennial sorrel, pigweed, poison ivy, poison oak, quackgrass, ragweed, rush grass, Siberian elm, smooth brome grass, spotted knapweed, tansy ragwort, tatarian honeysuckle, and wild garlic. 1.05 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. 1. Provide source and invoice for seed to be used for this Project. 2. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. 3. 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. NRF AND © 2013 Stantec 1193801638 GRASSES - 1.06 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. The establishment period for seeded areas is i year. 1,07 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL A. Place 6" of onsite topsoil as directed by the Engineer. 2.02 FERTILIZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SEED: Conform to MnDOT Spec. 3876. A. Lawn Type: MnDOT Mixture 270. 2.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 -percent wood fiber mulch. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. 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. NRF AND GRASSES © 2013 Stantec 1 193801638 329200-2 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. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.) or as per manufacturer's instructions. 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SEEDING A. Seeding Dates: Conform to MnDOT Spec. 2575.3. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes specified. 3.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 2575 and 3884. 3.06 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. C. Watering of sod areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. If the 60 days is not up prior to the end of the growing season, the watering period shall begin after April 15 in the following spring. D. Watering and other maintenance of sodded areas, such as mowing, are the responsibility of the contractor for a minimum of 60 days during the growing season, or until sod is fully established and accepted by the Engineer, whichever is later. Sod will be evaluated in the following spring to ensure that the areas have survived the winter; any maintenance necessary from that site visit shall be the responsibility of the contractor. Once the Engineer determines that the sod has been fully established and the establishment period has passed, the Contractor will no longer be responsible for routine maintenance such as mowing and watering. E. Application of fertilizer, soil amendments, weed control, and sod replacement are the responsibility of the contractor through the warranty period. TURF AND GRASSES © 2013 Stantec 1193801638 329200-3 F. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 3.07 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES © 2013 Stantec 1 193801638 329200-4 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 10 00 - Water Utilities. 2. Section 33 3100 - Sanitary Utility Sewer Piping. 3. Section 33 31 14 — Sanitary Sewer Services. 4. Section 33 40 00 - Storm Drainage Utilities. 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. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 4. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 5. Dewatering: No explicit, direct payment is made for this work. Costs for this work are to be included in the Bid Unit Price for the pipe or structure installed. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. 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). TRENCHING AND BACKFILLING © 2013 Stantec 193801638 330505-1 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain tile pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Prior to beginning work each night, Contractor shall have a foreman's meeting with the prime contractors and/or subcontractors working on the CenterPoint Energy project. Discussions at the meeting shall include safety, protection of existing / new facilities, schedules, and all other items that may affect any Contractor's work. B. Contractor shall schedule work around the CenterPoint Energy project and in no way delay the gas main project. C. Unless written notice has been given, CenterPoint Energy observer must be onsite to verify that work does not damage the gas main or appurtenances in any way. Contractor is responsible for notification of CenterPoint watch dog. D. 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. E. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. -- TRENCHING AND BACKFILLING © 2013 Stantec 1 193801638 330505-2 F. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. G. Provide continuance of flow of existing sewer and other facilities. H. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.2B1 for granular borrow a. No on the Site granular material encountered during construction may be used without the permission of the Engineer. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP) 1. Class C-1 Bedding a. Undisturbed soil. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 2.03 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.23. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2B1 for Granular Borrow 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.05 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. TRENCHING AND BACKFILLING © 2013 Stantec 1193801638 330505-3 PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. 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 appropriately. 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 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. TRENCHING AND BACKFILLING © 2013 Stantec 1 193801638 330505-4 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. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. C. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 and C151. TRENCHING AND B © 2013 Starrtec 1 193801638 330505-5 D. High Density Polyethylene (HDPE) Profile Wall Pipe: Bed pipe in accordance with ASTM D2321. E. 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. F. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. 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. 2105.3Fi "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adjacent structures. 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 © 2013 Stantec 1193801638 330505-6 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 10 00 — Water Main Utilities. 2. Section 33 3100 — Sanitary Utility Sewer Piping. 3. Section 33 40 00 — Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole frame and ring castings in this Contract are considered incidental to the installation of the new manhole, and includes frame, lid, concrete adjusting rings, geotextile fabric, and all work to install and adjust the casting to the final position. 2. Adjust Valve Box: Adjustment of the valve box on new valves installed under this Contract is incidental to the Bid Unit Price for furnishing and installing the valve. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. ASTM A48 — Specification for Gray Iron Casting. 2. ASTM A240 — Specification for Heat — Resisting Chromium — Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. ASTM C6 — Specification for Normal Finishing Hydrating Lime (Mortar). 4. ASTM C141— Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. ASTM C150 — Specification for Portland Cement (Concrete Rings/Mortar). 6. ASTM C923 — Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. ASTM F593 — Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 8. ASTM F594 — Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2506 — Manholes and Catch Basins. 2. 3733 — Geotextiles. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. © 2013 Stantec 1193801638 ADJUST MISCELLANEOUS STRUCTURES U B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. Concrete 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 psi. 3. Reinforcing: Single hoop 8 -gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Mortar 1. Standard Portland Cement: Type I, ASTM C350. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C341. 4. Mix Proportions: 1 -part cement to 3 -parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. 2.03 EXTERNAL SEALS A. External Seals Approved Manufacturer: Infra -Shield, or approved equal 1. Multiple section seal system. 2. Top section made of neoprene rubber. 3. All other sections made of EPDM rubber; 60 mil minimum thickness, 8 inches minimum height for extension sections. 4. Mastic: ASCO ST -30, BIDCO C56, or approved equal. 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. ADJUST MISCELLANEOUS STRUCTURES © 2013 Stantec 1 193801638 3305 17-2 S. Type and Style: a. NEENAH R1642, Type "B" Lid, or approved equal, with 2 concealed pick holes, for sanitary and storm sewer manholes. b. NEENAH R3290, or approved equal, for storm sewer catch basin manholes and catch basins. Grate as shown in the storm schedule or as directed by Engineer. c. NEENAH R3290, or approved equal, for storm sewer catch basin manholes and catch basins. Grate as shown in the storm schedule or as directed by Engineer d. Covers without grate openings stamped with "SANITARY SEWER" or "STORM SEWER" as appropriate. Use 2 inch letters. 2.05 VALVE BOX A. Risers 1. Conform to details on Drawings. 2. Conform to the requirements of Section 33 10 00. 2.06 GEOTEXTILE A. Woven filter fabric, for use around storm and sanitary sewer rings. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps a. Mortar Thickness: 1/4 to 1/2 inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. ADJUST MISCELLANEOUS STRUCTURES O 2013 Sta tec 1193801638 3305 17-3 This Page Left Blank Intentionally SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Water Main. Measurement and payment will be based upon the units listed below: a. 12" DIP Water Main: Measurement will be based upon units of lineal feet, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. b. 12" Butterfly Valve and Box: Measurement will be based on Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified. c. DIP Fittings: Measurement shall be based on the AWWA C153 fitting accessory weight installed. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. d. Connect to Existing Water Main: Measurement shall be based on each connection made, payment at the Bid Unit Price shall include all items required to complete the Work. e. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered incidental to water main installation with no direct payment made. 2. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. 3. No Bid Items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. 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 Water Works Association (AWWA) 1. C104 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings. 2. C105 - Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. C11 - Rubber -Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C116 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. S. C150 - Ductile -Iron Pipe, Centrifugally Cast. 6. C151 - Standard for Ductile -Iron Pipe, Centrifugally Cast. WATER UTILITIES © 2013 Sta tec 1193801638 331000-1 7. C153 - Standard for Ductile -Iron Compact Fittings. 8. C502 — Dry -Barrel Fire Hydrant. 9. C504 - Rubber -Seated Butterfly Valves. 10. C515 - Reduced -Wall, Resilient -Seated Gate Valves for Water Supply Service. 11. C550 - Protective Interior Coatings for Valves and Hydrants. 12. C600 - Installation of Ductile -Iron Water Main and Their Appurtenances. 13. C651 - Disinfecting Water Mains. B. American Society of Testing and Materials (ASTM) 1. A48 - Gray Iron Castings. 2. A126 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non -Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 0133 00: 1. Pipe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing Work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. WATER UTILITIES © 2013 Stardec 1 193801638 331000-2 D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C111/A21.11 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI/AWWA C116/A21. 2.02 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI/AWWA C111/A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 1® (by Metal Coating Corp.); NSS Industries Cor - Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. 2.03 HYDRANT A. General Requirements: AWWA Standard C502. B. Specified Hydrant: WB -67-250, or approved equal. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two 2-1/2 inch hose connections with Minneapolis threads. E. One 4-1/2 inch steamer. F. National standard operating nut. G. 5 -inch valve opening. H. 6 -inch mechanical joint pipe connection. I. Break -off flange with breakable rod coupling. J. 8'-0" cover. K. 16 inch high traffic section. L. Nozzle caps attached to hydrant with metal chains. M. Exterior Bolt Assemblies: Conform to Part 2 — Bolt Assemblies. N. Fiberglass Flag: Hydrafinder Hydrant Marker, or approved equal: 1. White fiberglass rod, with 4 red reflective bands without a bulb end. 2. 54 inches long, 3/8 inch diameter. O. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. WATER 9 2013 Stantec 1 193801638 331000-3 P. Color: Painted Waterous Enamel No. V1814 -R (Fire Hydrant Red) at the place of manufacture. Q. After installation and testing is complete, the "field coat' of paint shall be applied with a brush. 2.04 GATE VALVE AND BOX A. General Requirement: AWWA C515 — Ductile Iron. B. Non -rising stem (NRS), opening by turning counter clockwise, 2 inches square operating nut. C. O-ring seals. D. Mechanical joint ends conforming to AWWA C111/A21.11. E. Exterior Bolt Assemblies: Conform to Part 2 — Bolt Assemblies. F. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AWWA C550 and C116/A21.16. G. Spray exterior nuts and bolts of valve and restraints using a bituminous coal tar as supplied by the manufacturer. H. Wrap gate valves according to Part 2 - Pipe Encasement. Valve Boxes 1. 3 -piece, ductile iron, screw-type. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. 5. "Stay put' type drop covers, "WATER" on top with extended skirts. 2.05 BUTTERFLY VALVE AND BOX — DIRECT BURY INSTALLATION A. General Requirement: AWWA C504. B. Mechanical joint valve ends conforming to AWWA C111/A21.11. C. AWWA C504 Class 150B valve shaft diameter. D. Valve Body: High strength cast iron conforming to ASTM A126, Class B. E. Valve Vane: High-strength cast iron conforming to ASTM A48, Class 40, rubber seat mechanically secured with an integral 18-8 stainless steel clamp ring and 18-8 stainless steel self -locked screws. F. 0 -ring seal. G. Exterior Bolt Assemblies: Conform to Part 2 — Bolt Assemblies. H. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AWWA C550 and C116/A21.16. 1. Spray exterior nuts and bolts of valve and restraints using a bituminous coal tar as supplied by the manufacturer. WATER U71L1 I1t5 © 2013 Stantec 1193801638 331000-4 J. Wrap gate valves according to Part 2 - Pipe Encasement. K. Operator 1. Traveling nut type sealed, gasketed, and lubricated for underground service. 2. Open counter clockwise. 3. 2 inches square operating nut. L. Valve Box 1. 3 -piece, ductile iron, screw-type. 2. Valves and boxes to be considered integral units. 3. 5-1/4 inch diameter shafts. 4. Round or oval bases. 5. "Stay put' type drop covers, bearing the word "WATER" on top with extended skirts. 2.06 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 2.07 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe I. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies coating a. Fusion bonded epoxy per ANSI/AWWA C116/A2. b. Xylan fluoropolymer coating such as MEGA-BOND_rm by EBAA Iron, Star -Bond by Star Pipe, or approved equal. B. Tie Rods: 3/4 inch diameter rods stainless steel or fusion bonded epoxy coated. 2.08 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.09 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 3.02 INSTALLATION OF PIPE WATER UTILITIES © 2013 Stantec 1 193801638 331000-5 A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. G. Provide conductivity throughout the water system by use of conductivity strap. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. I. Installing Fittings 1. General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray joint restraint rods and bolts using a bituminous coal tar as supplied by the manufacturer. 1. Wrap all ductile iron pipe and fittings with pipe encasement. K. Backfilling: Conform to Section 33 05 05. 3.03 INSTALLATION OF HYDRANT A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. B. Set on 8 -inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch. Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. E. Wrap the hydrant assembly with pipe encasement to the bottom of the break off flange. F. Maintain hydrants in a plumb position during the backfilling operation. G. Attach a fiberglass marker to the hydrant using an existing flange bolt located at the back of the hydrant. WATER UTILITIES © 2013 Stantec 1 193801638 33 1000-6 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. E. Wrap gate valves with pipe encasement. 3.05 ANCHORAGE A. Brace hydrants securely against undisturbed soil using precast concrete block. Use mechanical joint restraints or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. B. Restrain all bends and fittings with mechanical joint restraints. 3.06 INSULATION A. Review insulation installation with Engineer 1. Place insulation between water pipe and sanitary pipe when water main or service is within 1 foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and water main or water service when pipes are separated by less than 2 feet. 3.07 PIPE CONFLICTS A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1 foot is not possible. B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and install offset as shown on the Drawings or as encountered during construction. D. All offset piping shall be DIP. E. Mechanical joint restraints shall not be allowed on cast iron pipe. 3.08 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at any time to prevent earth or other substances from entering the water main. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. WATER © 2013 Stantec 1 193801638 0 O E 3.09 FIELD QUALITY CONTROL A. Scope 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. 3. Where isolation of the new water main is impractical, hydrostatic pressure testing and bacteria testing may be forgone. Pipe shall be visually inspected, swabbed, and flushed. B. Hydrostatic Pressure Test 1. Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing Gauge: Liquid filled, 4-1/2 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, water services, and stubs. C. Disinfection 1. General Requirement: AWWA C651 — Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20 foot length of pipe based on 3-1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4Inches 1 2) 6 Inches 2 3) 8 Inches 3 4) 10 Inches 4 5) 12 Inches 5 6) 16 Inches 9 7) 18 Inches 12 8) 20 Inches 14 9) 24 Inches 20 c. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24-hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. 4. Flushing by Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 24 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. 5. After final flushing and before new water main is connected to the distribution system, two consecutive sets of samples, taken at least 24 hours apart, shall be collected from the new main. 6. At least 1 set of bacteria test samples is required for every 1,200 feet of water main installed, plus one set from the end of the line and at lest one set from each main lateral branch. Bacteria test to be performed by the Contractor and tested by the Contractor. 7. Contractor shall provide testing results, signed by the testing agency, within 72 -hours of sampling. D. Conductivity (DIP) 1. Conductivity to be provided throughout the water system by use of copper straps or approved conductive gaskets with copper inserts, except when PVC or HDPE pipe is used. WATER UTILITIES © 2013 Stantec 1193801638 331000-8 2. Test Current: 350 amps at approximately 30 volts for 4 minutes, then 400 amps for 1 minute without fluctuation. 3. FII lines with water prior to test. 4. Test all lines, including hydrant leads, water services, and stubs. END OF SECTION © WATER 2013 Stantec 1 193801638 331000-9 This Page Left Blank Intentionally SECTION 33 31 00 SANITARY UTILITY SEWER PIPING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer gravity pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 3114 -Sanitary Sewer Services. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 8" PVC Pipe Sanitary Sewer — SDR 35. Measurement will be based upon units of lineal feet for furnishing and installing pipe complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline to centerline of manholes or to the connection point of the existing pipe. a. PVC pipe bedding will be incidental in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. No Bid Items have been included for connections to existing piping. Payment for connections shall be included in the lineal foot price for the pipe. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. F-477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 5. F679 - Specification for Poly (Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings. 6. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based On Controlled Inside Diameter. 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. © SANITARY U7ILfl'Y SE 2013 Stantec 1 193801638 333100-1 PIPING 1,05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 0133 00: 1. Pipe and fittings. 2. Transition couplings. 1.06 SEQUENCING AND SCHEDULING A. Do not pursue Work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to determine the extent of conflict, if any. C. Successfully complete required inspections and testing before restoration of surface. PART 2 PRODUCTS 2.01 SOLID WALL PVC PIPE A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 35. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform to ASTM D3034. 2.02 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ringconforming to ASTM C1173,Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION 3.01 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. By -Pass Pumping: Contractor shall be responsible for all items required to maintain sewer flows during construction of the new sanitary sewer line. All Work and costs for this are considered incidental to the Project, unless otherwise specified. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 33 05 05. _- - SANITARY UTILITY SEWER PIPING 9) 2013 Stantec 1193801638 333100-2 B. install pipe to the alignment, grade, and location as shown on the Drawings and/or staked in the field. No deviation from the Drawings and/or staked alignment, grade, or location is allowed. Tolerances measured along pipe centerlines or invert as follows: 1. Horizontal: Within 0.50 feet of alignment shown. 2. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. 3. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. C. Maintain reference line and grade with laser equipment or other equipment approved by the Engineer. Periodically check equipment for adjustment and accuracy. Correct deficiencies in equipment, reference line, and reference grade. Take precautions to prevent deflections in reference line and grade. D. Non -Conforming Pipe Installation: Remove and reinstall. E. Inspect pipe for defects and cracks while suspended immediately prior to installation. F. Install pipe from lower to higher invert elevation with uniform and smooth invert line. G. Install pipe length spigot ends pointing in the direction of flow. H. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. I. Jointing 1. In conformance with recommendations of manufacturers of pipe and joint material. 2. All joints must be watertight. 3. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. J. Cleaning and Protection 1. Remove all dirt and debris from the interior of each pipe length as the Work progresses. 2. Protect the exposed end of the pipe with temporary covers or plugs. 3. Protect in place pipe from damage and dislocation. K. Flexible Pipe Installation: Conform to ASTM D2321. L. Sanitary Sewer Service Connections 1. Wye a. Wye to be at 45 -degree angle from horizontal. Minor deviations may be required to match elevation of the existing service pipe. b. All existing Wye sections included in pipe removal and replacement areas shall be replaced. No reinstallation will be allowed. 2. Risers: Conform to Section 33 3114. M. Installation of Insulation 1. Insulation over pipe as directed by Engineer. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm structure or line, or within 5 feet of the ground surface. SANITARY UTILITY SEWER PIPING © 2013 stantec 1 193801638 333100-3 3.03 CONNECT TO EXISTING SYSTEM A. Connect to Existing Manhole 1. Connect to existing structure at location shown on the Drawings. 2. If rubber boot exists at manhole opening, connect new pipe to the boot and secure. 3. If manhole opening does not contain rubber boot or the existing boot is damaged, core drill opening in the structure, and install a rubber boot in manhole opening prior to connection of pipe. 4. Make repairs to the structure required due to the Work performed, including installation of doghouse. S. If necessary, the invert shall be reconstructed to accommodate new flow location. Reconstruction of invert will also be necessary if pipe sizes increase. B. Connect to Existing VCP 1. Expose existing sanitary sewer main at location as staked by Engineer. 2. Saw cut existing main to provide a straight joint at connection. 3. Connect new pipe to existing pipe with a transition coupling: a. Place 1 -inch to 2 -inch clear rock around the connection to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. b. Concrete collars will not be allowed. 3.04 FIELD QUALITY CONTROL A. Cleanup 1. Cleaning 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. Jetting may be required. 3. Complete prior to final inspection for acceptance. END OF SECTION SANITARY UTILITY SEWER PIPING © 2013 Stantec 1 193801638 333100-4 SECTION 33 31 14 SANITARY SEWER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer service pipe replacement and all appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 3100 - Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 6" Cleanout. Measurement will be by each. Payment shall include pipe, bedding material, fittings, metal screw cap, and specified casting if Cleanout is located in a paved surface. 2. A Bid Item has been provided for 6" PVC Sanitary Sewer Service Pipe, SDR -26. Measurement will be by linear foot of pipe installed as measured along the axis of the pipe with no regard to intervening fittings. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, pipe, bedding, backfill, and trench compaction. 3. No Bid Items have been included for connections to existing piping. Payment for connections shall be included in the lineal foot price for the pipe. 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. C1173 - Specifications for Flexible Transition Couplings for Underground Piping Systems. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 4. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 5. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the construction of sanitary sewer services in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the same quality of Work be received on the house services in the way of grade and alignment, and shall be required on the main lines and laterals. © 2013 STaMec 1193801638 SANITARY SEWER SERVICES 33 31 14- 1 1.05 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Product data for the following items: a. Pipe and fittings. b. Transition couplings. 1.06 SITE CONDITIONS A. All Work must be confined to within the limits of construction easements or public right-of-way. B. Verify sanitary sewer service locations prior to the start of any construction. 1.07 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 MANUFACTURED UNITS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26.Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 SEWER LATERAL CLEAN OUT A. Conform to the detail on the drawings. 2.04 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C1173,Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances which may apply. B. Risers: Support attachment to sewer main Wye as shown on Drawings. C. Minimum 1/4 inch per foot (2 percent) grade, unless otherwise directed by the Engineer. SANITARY SEWER SERVICES O 2013 Stantec 1 193801638 3331 14-2 D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 33 3100. E. Terminate at right-of-way line, unless directed by Engineer. F. All proposed service line locations are shown on the Drawings. G. Reconnect Existing Service 1. Saw cut existing sewer service at connection point and remove existing pipe. 2. Engineer must inspect the service pipe condition prior to connection. 3. During service reconnections, the Contractor should anticipate variations in size of existing pipe. If a pipe size is encountered that a line item is not present for, the Contractor shall be compensated only for additional material costs associated with the pipe size increase. Likewise, if the pipe size is smaller than anticipated, the Owner shall receive a credit for the material costs associated with the downsize in pipe. 4. Connect new pipe to existing pipe with a transition coupling approved by the Engineer. a. Place 1 inch to 2 inches of clear rock around the connection to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. H. Record Actual Depth and Station at End of Service 1. Exercise care in determining the depth. 2. The depth recording is incorporated into the "Record Drawings." 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Low pressure air and infiltration testing shall conform to Section 33 08 30 and be performed prior to existing service reconnection (where applicable). 3.03 PROTECTION A. Record and mark tie-in locations. END OF SECTION SANITARY SEWER © 2013 Sta tec 1193801638 33 31V144-- 3 This Page Left Blank Intentionally SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based on units of lineal feet for each size, type, and class of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: a. Pipe bedding will be incidental in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. Bid Items have been provided for 5' Diameter Storm Sewer Manhole and 6' Diameter Storm Sewer Manhole. Measurement will be based on units of each, according to type and size, for furnishing and installing structures complete, including excavation, casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Connect to Existing Storm Manhole. Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing structure. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core cutting the connection and reconstruction of existing structure invert if necessary shall also be considered incidental to the connection. 4. Bulkheading storm sewer pipe shall be incidental to the abandonment bid item(s). 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing 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. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 5. C150 - Specification for Portland Cement. 6. C206 - Specification for Finishing Hydrated Lime. 7. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 8. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 9. C478 - Specification for Precast Reinforced Concrete Manhole Sections. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) STORM DRAINAGE © 2013 Starrtec 1193801638 334000-1 1. 3226 - Corrugated Steel Pipe. 2. 3351 - Sheet Metal 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. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 0133 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans 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. D. Manhole/Catch Basin Elevation Report 1. 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. PART 2 PRODUCTS 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 STORM DRAINAGE UTILITIES © 2013 Stantec 1 193801638 334000-2 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 Drawing. Covers without grate openings shall be stamped "STORM SEWER." D. Covers with 2 concealed pick holes of approved design. E. 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. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. D. 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. 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. 2.05 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. O-ring gaskets shall be synthetic rubber, circular reinforcing in cross-section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. STORM DRAINAGE © 2013 Stantec 1193801638 334000-3 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. Connect to Existing Structure 1. Connect to existing structure at location shown on the Drawings. 2. Core the hole in the structure and saw cut the pipe flush with the inside wall of the structure. 3. Bulkhead void between outside wall of pipe and edge of opening with mortar and brick. 4. Reconstruct manhole bench/invert. B. Conned to End of Existing Pipe 1. Conned to existing pipe at locations shown on the Drawings. 2. Locate and expose end of existing pipe. 3. Remove existing bulkhead or plug and dispose of off Site a. Take care not to damage existing pipe. b. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 4. Utilize standard bell and spigot joint with rubber o -ring gasket if possible. 5. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 12 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. C. Pipe Installation 1. 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 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. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: STORM DRAINAGE UTILITIES © 2013 Stantec 1193801638 334000-4 a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. D. 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. E. Construct Manhole Over Existing Pipe 1. Construct manhole over existing pipe at locations shown on the Drawings. 2. Saw cut existing pipe to fit flush with inside wall of new structure. 3. Seal any openings in manhole. 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. C. Required Tests and Inspections 1. Infiltration a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration is observed during the tamping inspection. c. Measurement made by means of 90 degree v -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. STORM DRAINAGE UTILITIES © 2013 Stantec 1193801638 334000-5 e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. 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 0157 13. END OF SECTION STORM DRAINAGE UTILITIES © 2013 Stantec 1193801638 334000-6 Manhole/Catch Basin Field Elevation Report 0 Project: Date: Owner: Contractor: Bonestroo's Resident Project Representative : Contractor's Representative: Bonestroo Project No: Owner Project No: Contractor is reauired to complete this form before payment of structure is approved Structure Location Structure Design As - Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert (+/-) Comments ( Quality Assurance No. Station invert/flow Location (circle (from Elevation one) Plan MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB 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. This Page Left Blank Intentionally